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Highlights

Legal Update POSH: Supreme Court Reviews Nationwide Compliance with the POSH Act
Latest Newsletter Edition Available - Read Now!

HomeHigh Court

Posts in category: High Court

Madras High Court directs Tamil Nadu Government on POSH Act rules

Madras High Court Directs Tamil Nadu Government to Frame Rules Under POSH Act

29/11/2024
by POSHequili

Facts of the Case The case revolves around allegations of sexual harassment and the systemic failures within a prominent Medical College Hospital ...

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Madhya Pradesh HC allows settlement attempts under POSH Act before inquiry

Madhya Pradesh HC ruled that an IC can attempt to resolve a case under the POSH Act through settlement before commencing a formal inquiry.

22/11/2024
by POSHequili

Facts of Case: The petitioner, an Assistant Professor at Maulana Azad National Institute of Technology (NIT) Bhopal, was dismissed from service fo ...

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Madras High Court quashes sexual harassment FIR over consensual relationship

The Madras High Court quashed a sexual harassment case against a man, observing that it is natural for two individuals in love to hug and kiss each other, which cannot be construed as an offence.

22/11/2024
by POSHequili

Facts of the Case: The petitioner filed a Criminal Original Petition seeking to quash an FIR by the All-Women Police Station, Srivaigundam. The FI ...

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Bombay High Court rules employers can terminate for unsafe actions

If the actions of the employees endanger the safety of the workplace, the employers can immediately terminate the employees:  Bombay HC

15/11/2024
by POSHequili

Introduction: A single Judge Bench of Bombay High Court, ruled in favor of Advani Oerlikon Ltd. The Hon’ble Bombay High Court upheld dismissal of ...

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Bombay High Court rules grooving to music isn’t stalking

Shaking Head to Music Does Not Imply Intention to Interact and Stalking: Bombay HC

25/10/2024
by POSHequili

Introduction The Bombay High Court recently let off a man on charges of stalking arguing that even though the accused followed the woman home, she ...

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Bombay HC grants relief to law student facing harassment allegations

Bombay HC Cautions Against ‘Academic Death,’ Grants Relief to Law Student Facing Multiple Sexual Harassment Allegations

11/10/2024
by POSHequili

Facts of the Case: The case revolves around a law student ('X') from Maharashtra National Law University (MNLU) who was expelled after being found ...

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Karnataka High Court orders OLA to compensate woman in harassment case under POSH Act.

Karnataka HC directed a car ride service platform to compensate a woman allegedly harassed by a driver and conduct an inquiry under the POSH Act.

04/10/2024
by POSHequili

Facts of the Case: In 2019, the petitioner, a woman passenger, booked an OLA cab and alleged that she faced sexual harassment from the driver duri ...

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Delhi High Court cautions against frivolous sexual harassment claims

Delhi High Court urges lawyers to be mindful of not filing frivolous cases alleging sexual harassment

27/09/2024
by POSHequili

Facts:Petitioners’ Contention:Court’s Observations:Court’s Decision: Facts: This case pertains to two cross FIRs. The dispute involves a landlo ...

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Andhra Pradesh High Court emphasizes proportionate punishment and judicial oversight in disciplinary actions.

Punishment Should be Proportionate, Courts can interfere where the Punishment is not Proportionate: Andhra Pradesh High Court

20/09/2024
by POSHequili

Introduction The petitioner is X, a Junior Assistant with Andhra Pradesh Special Police (APSP), Kurnool, who sought through a writ petition to qua ...

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Madras High Court dismisses writ petition citing private parties' exemption under Article 226.

Madras High Court dismissed the Writ Petition on the ground that the Respondents were private parties, and a Writ will not lie against them.

20/09/2024
by POSHequili

Introduction: The petitioner, thus, approached the present Hon’ble Court under Article 226 of the Constitution of India and filed a writ petition ...

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Delhi High Court holds institutions accountable for delays in sensitive complaint resolution.

Institutions cannot escape liability for dragging on these sensitive complaints: Delhi High Court

20/09/2024
by POSHequili

Introduction This case involves a petition revising the decision of Respondent to review a sexual harassment case that was at first heard and dism ...

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Madhya Pradesh High Court dismisses sexual harassment charges due to dying declaration.

Lack of reliable evidence in Dying Declaration leads to dismissal of charges in a Sexual Harassment Case: Madhya Pradesh High Court

13/09/2024
by POSHequili

Introduction: The case arises out of a petition under Section 482 of the Cr. P. C. seeking to quash the order of an Additional Sessions Judge, Bho ...

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Kerala High Court POSH Act ruling protecting women seeking employment.

Contrary to Kerala High Court’s Observation, the POSH Act Does Provide Protection for Women Seeking Employment

13/09/2024
by POSHequili

Facts of the Case: Several writ petitions were filed before the Kerala High Court regarding the inaction of the State Government on the Justice He ...

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Bombay High Court ruling on offensive language in emails and social media under IPC 509

Bombay High Court held that offensive language used in emails or on social media can be subject to penal action for insulting a woman’s modesty.

23/08/2024
by POSHequili

Facts of the Case On August 21, 2024, the Bombay High Court addressed the issue of whether written insults, such as those conveyed through email o ...

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Punjab & Haryana High Court warns about the impact of false sexual harassment

The Punjab & Haryana High Court stated that false sexual harassment allegations impose a significant psychological burden on innocent individuals who is accused.

09/08/2024
by POSHequili

Facts of the Case: The case revolves around a woman who filed a petition before the Punjab & Haryana High Court, seeking the registration of a ...

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Calcutta Court decision on Sections 354C and 354D of the IPC involving public stalking and repeated unwanted contact.

Calcutta High Court Held that for Sections 354C and 354D, Must Occur in Public and Stalking Requires Unwanted Contact, Repetition, and Absence of interest.

26/07/2024
by POSHequili

Facts of the Case: On 24.12.2016, a complaint was lodged at Haridevpur Police Station under Sections 354C and 354D of the IPC. The complaint alleg ...

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Gujarat Court ruling on personal details case, not sexual harassment

Gujarat Court Holds That Asking Personal Detail from An Unknown Woman Is Inappropriate but Not Sexual Harassment.

26/07/2024
by POSHequili

Facts of the Case In this case from Gandhinagar, the applicant was booked under Section 354A of the Indian Penal Code (IPC) for allegedly asking a ...

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Madras High Court ruling on continuous sexual harassment and misconduct

The Madras High Court’s emphasized that continuous sexual harassment, including rape, amounts to ongoing misconduct and therefore cannot be barred by limitation.

26/07/2024
by POSHequili

Facts of the Case: The petitioner, challenged the inquiry report dated March 6, 2023, submitted by the Internal Committee (IC). Complainant had fi ...

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Allahbad High Courts - 28th June 2024

The Allahabad Court stated that laws on sexual offenses being women-centric doesn’t mean the male partner is always at fault.

28/06/2024
by POSHequili

Introduction The Allahabad High Court affirmed the acquittal of a man who was charged with rape. The court highlighted that although rules regardi ...

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(Dr. Punita K. Sodhi vs Union Of India) Delhi High Court 14th June Judgment Article Featured Image - POSHequili

There is a need to protect victims from prejudice and mistreatment in addition to the potential for retaliatory complaints in situations involving sexual harassment – Delhi High Court

14/06/2024
by POSHequili

Introduction In this case, Dr. X  is the target of two writ petitions filed by the same petitioner concerning claims of sexual harassment and ...

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(Shanta Kumar vs Council Of Scientific And Industrial Research) Delhi High Court 14th June Judgment Article Featured Image - POSHequili

“An Accidental Touch, Even If Unwelcome, Does Not Count As Sexual Harassment.”- Delhi HC

14/06/2024
by POSHequili

Introduction In the case the petitioner challenged the proceedings conducted by the Complaint Committee (IC) regarding allegations of sexual haras ...

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At POSHequili (POSH at Equilibrio Advisory LLP), we aim to support organisations and institutions striving to build Equitable & Safe Spaces through our focussed legal remedies and psychosocial support.

Primarily engaging with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH LAW) ...

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