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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

(Shital Prasad Sharma vs State Of Raj) Rajasthan HC 14th June Judgment Article Featured Image - POSHequili

The IC Inquiry Must Be Impartial And Follow Established Protocols. The Defense Should Be Given A Fair Chance During Disciplinary Procedures: Rajasthan HC

14/06/2024
by POSHequili

Introduction An investigation report dated November 27, 2017, was contested by the petitioner, who was previously the Director of the State Instit ...

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Threat of detrimental treatment and creating an intimidating, offensive, and hostile work environment have nexus to sexual harassment.- Calcutta High Court

Threat Of Detrimental Treatment And Creating An Intimidating, Offensive, And Hostile Work Environment Have Nexus To Sexual Harassment.- Calcutta High Court

06/06/2024
by POSHequili

Introduction The Calcutta High Court has ordered the 24-Parganas (North) local committee, which was formed in accordance with the Sexual Harassmen ...

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Disciplinary Authority Cannot Unilaterally Alter Penalty in Sexual Harassment Case- Allahabad HC

Disciplinary Authority Cannot Unilaterally Alter Penalty in Sexual Harassment Case – Allahabad HC

06/06/2024
by POSHequili

Introduction The Allahabad High Court has decided that, especially in cases where the issue is under appeal, a disciplinary body cannot arbitraril ...

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J&K HC quashes FIR in Sexual Harassment Case of IAF Pilot After Parties Settles the Matter.

J&K HC quashes FIR in Sexual Harassment Case of IAF Pilot After Parties Settles the Matter.

06/06/2024
by POSHequili

Introduction An FIR regarding a case of sexual harassment involving a female pilot in the Indian Air Force (IAF) and her male wing commander has b ...

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Police Constable Enquiry under POSH Act

Enquiry against police constable cannot be dropped based only on the suspicion that he might intimidate witnesses – Delhi HC

16/05/2024
by POSHequili

Introduction The Delhi High Court recently ruled on a case involving allegations of sexual harassment against a police constable under the Sexual ...

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Sweety Baby not always sexual harassment

While Addressing Reverse Bias in IC Inquiry, the  Calcutta High Court Explores the Nuances of words like ‘Sweety’ and ‘Baby’ in Sexual Harassment Allegations.

10/05/2024
by POSHequili

Facts: The Calcutta High Court recently noted that addressing women with terms like 'Sweety' and 'Baby' is common in certain social contexts and that ...

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darling is sexual harassment

Calling Unknown Woman As ‘Darling’ Amounts to the Offence of using Sexually Coloured Remark- Calcutta High Court (Port Blair Bench)

08/03/2024
by POSHequili

Overview: X vs the State, (Case No: CRR 29 of 2023) is a revisional application challenging the order dated 21.11.2023 passed by Additional S ...

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Cross-Examination in Sexual Hara

Calcutta HC Upheld Respondent’s Rights and stated that an Opportunity to Cross-Examine in Sexual Harassment Complaints Ensures Fair Inquiry.

09/02/2024
by POSHequili

Facts- In Union of India and Ors. vs. X, (2019 (3) CHN (CAL) 33),  X, was a railway officer, and he was accused of sexual harassment by a ...

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Sexual Harassment Trial

Continuing Sexual Harassment Trial Without Identifying the Accused Is a Mockery Upon Womanhood- Madras HC

02/02/2024
by POSHequili

Introduction The Madras High Court in  XXXX v State, (Case No: W.P No.1727 of 2024) regarding sexual harassment accusation under Section 4 of the ...

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Importance of Impartial IC

Gujarat HC Emphasised the Importance of Impartial IC in an Educational Institute

02/02/2024
by POSHequili

Introduction: The  Gujarat National University (GNLU)  recently faced scrutiny in a suo motu Public Interest Litigation (PIL) in the Guj ...

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Double Jeopardy Violation in Disciplinary Proceedings

Its double jeopardy when two penalties are imposed for the same charge in disciplinary proceedings (violation of Article 22) – Andhra Pradesh HC

25/01/2024
by POSHequili

Introduction: The Andhra Pradesh High Court, in a recent judgment, held that imposing two punishments for the same charge in disciplinary proc ...

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Victim compensation scheme

Application filed for Victim Compensation Scheme cannot be rejected due to technical limitation- ordered Punjab & Haryana HC in a gang rape case.

19/01/2024
by POSHequili

Introduction: The judgment in  X v. State of Punjab & Ors (CWP-8771-2016 (O&M))pertains to a writ petition seeking compensation for a ...

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advocate accused of sexual harassment

The Karnataka HC quashes a suspension order and instructs the State Bar Council to grant a hearing to the advocate accused of sexually harassing a female lawyer.

12/01/2024
by POSHequili

Introduction: X v. Karnataka State Bar Council & ANR (WP No. 27909 of 2023)  is a writ petition filed in the High Court of Karnataka at Beng ...

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Proceedings Beyond 90 Days in POSH Act

Continuance of inquiry beyond 90 days as required by Section 11(4) POSH Act does not vitiate the proceedings: Delhi High Court

21/11/2023
by POSHequili

Case Details: CA Nitesh Parashar v. Institute of Chartered Accountants of India ICAI & Ors., W.P.(C) 88/2023 Brief Background: The Pet ...

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gender specific legislations

Gandi Aurat’ not enough to constitute offence under Section 509 IPC: Delhi HC emphasizes on neutral approach while dealing with gender-specific legislations

13/11/2023
by POSHequili

Facts: In Varun Bhatia v. State and Another (CRL.REV.P. 1032/2018 & CRL.M.A. 48099/2018) an employee of HDFC Life Insurance filed a police com ...

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Appeal Under POSH Act to Departmental Authority

There Exists No Provision of Preferring Appeal Under the Act to a Departmental Authority- Madhya Pradesh High Court

10/11/2023
by POSHequili

Introduction: Mukesh Khampariya vs. State of Madhya Pradesh and Ors., (Writ Petition No. 21852 of 2018) was decided on October 5, 2023. The Court ...

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misuse of power by IC

When the issues addressed in both the IC and the ongoing criminal prosecution are identical, and if the petitioners were exonerated by the IC then allowing criminal proceedings to continue would amount to an abuse of power. – Delhi High Court

02/11/2023
by POSHequili

Background:  X v. State (Govt. of NCT of Delhi) and Y v. State and Anr.  (W.P. (Crl.) 2802/2019, W.P. (Crl.) 3005/2019 and Crl. M.A. 3961/202 ...

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Internal complaints Committee in the Armed Forces

Madras High Court emphasized the need for Internal complaints Committee in the Armed Forces and directed Government to ensure compliance with the POSH law.

16/10/2023
by POSHequili

Case name: State v Commandant, Air Force Administrative College (Crl.O.P.No.23403 of 2021 and Crl.M.P.No.13845 of 2021) Facts: A woman officer ...

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Indecent Conduct

The Madras High Court directed the employer to verify whether the complaint filed by a nurse in 2017 was dealt in accordance with posh act, 2013

25/07/2023
by POSHequili

In X v. Y Health Service and Ors. (W.P. (Md) No. 2109 Of 2020, W.M.P. (Md) Nos. 3323, 1766 And 1768 Of 2020), the Madras High Court (Madurai Benc ...

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Delhi High Court

Redact the name of the petitioner in the memo of parties as well as the pleadings and annexures- Delhi High Court

25/07/2023
by POSHequili

In X v. Airport Authority of India and Ors (W.P.(C) 9798/2022), the Delhi High Court on 04.07.2022 directed to redact the name of the Petitioner ...

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Kerala High Court

“The power to transfer an employee in a transferable service, is within the prerogative of the employer” – Kerala High Court

25/07/2023
by POSHequili

In X v. Y (W.A. No. 1596 of 2021) the High Court of Kerala at Ernakulam on 10.08.2022 observed that “The power to transfer an employee in a transfera ...

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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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