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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

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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Indecent Conduct

Mere ventilation of grievance by some other method or by bringing in outside influence and giving a complaint to higher officials does not amount to indecent conduct – madras high court

25/07/2023
by POSHequili

When disposing all three criminal original petitions i.e., X v. State and Ors., Y v. The State and Ors. and Z v. The State of Tamil Nadu and Ors.( Cr ...

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Delhi High Court

Petitioner moved the Delhi HC in a case that deals with an intersection of POSH and Defamation law

24/07/2023
by POSHequili

In X v. STATE OF DELHI (CRL.M.C. 4346/2022 &CRL.M.A. 17790/2022), the Delhi High Court on 06.09.2022 allowed the application and directed the Sta ...

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Acquittal due to benefit of doubt does not automatically mean that statements made against the accused are false

Acquittal due to benefit of doubt does not automatically mean that statements made against the accused are false – Delhi High Court

15/11/2022
by POSHequili

In the case of Sarvjeet Singh v State (NCT of Delhi) and Anr, ,  Sarvjeet Singh (Petitioner) had filed a petition in Delhi High Court under Sect ...

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IC can look into a POSH complaint

IC can look into a complaint even if it did not directly receive it – Rajasthan High Court

15/11/2022
by POSHequili

Three government officers (“Complainants”) filed a written complaint alleging sexual harassment at the workplace by the Director (“Petitioner”) of th ...

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Delay in filing an appeal under posh act

Delay in filing an appeal under section 18 of the posh act can be condoned under section 5 of the limitation act: Delhi High Court

15/11/2022
by POSHequili

In the case of DB Corp. Ltd. vs. X and Ors., (MANU/DE/2590/2022), the Delhi High Court considered the question of whether Section 5 of the Limitation ...

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anonymity of witnesses

Gujarat HC on anonymity of witnesses & past records of respondent’s behaviour

10/10/2022
by POSHequili

In the case of Vimalkant Bhanuprasad Shrimali vs. IDMC Limited, the High Court of Gujarat said that in POSH cases, the POSH Act provisions supersede ...

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Sexually Provocative Dress

Sexually Provocative Dress Dilutes a Sexual Harassment Complaint: Sessions Court in Kerala (Kozhikode)

26/08/2022
by POSHequili

The Application was under Section 438 CrPC (Anticipatory Bail). The complainant alleged that the accused caught her hand, forcefully took her to a lo ...

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Allahabad HC denies bail to lawyer accused of sexually harassing law student

Allahabad HC denies bail to lawyer accused of sexually harassing law student

27/05/2022
by POSHequili

A Bail Application under Sec-439 CR.PC. was filed for seeking enlargement on Bail during the trial with the case under offences punishable under Indi ...

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Leave for Appeal against Tarun Tejpal’s Acquittal Order Allowed

Bombay HC: Leave for Appeal against Tarun Tejpal’s Acquittal Order Allowed

24/04/2022
by POSHequili

Previously, Tarun Tejpal, the editor-in-chief of the Tehelka magazine, was accused of sexually assaulting his then colleague in the elevator of Bambo ...

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Privacy Guidelines for POSH Cases is Case Specific

Bombay High Court: Privacy Guidelines for POSH Cases is Case-Specific

18/04/2022
by POSHequili

The Bombay High Court (“Court”), on 17th March 2022, issued a subsequent order to its order dated 24th September 2021, in the judgment of the P vs A ...

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Advocates Association to Constitute Internal Complaints Committee under the POSH Act 2013

Kerala High Court Advocates’ Association to Constitute Internal Complaints Committee under the POSH Act, 2013

18/04/2022
by POSHequili

The resolution moved by Boby M Sekhar and as many as 117 other members seeking the constitution of an Internal Complaints Committee (“ICC”) as mandat ...

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No Blanket Application of Maintaining Party Confidentiality in POSH Cases

Bombay High Court: No Blanket Application of Maintaining Party Confidentiality in POSH Cases

20/03/2022
by POSHequili

The Bombay High Court, on 24th September 2021, in the case of the P vs A & Ors, 2021 coherently laid down a set a guidelines condemning the discl ...

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Political Parties Not Required to Have an ICC

Kerala High Court: Political Parties Not Required to Have an ICC under POSH

18/03/2022
by POSHequili

The Kerala High Court (“Court”), on 17th March 2022, in the judgment of Centre for Constitutional Rights Research and Advocacy vs State of Kerala &am ...

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Film Production Units are Required to Constitute an ICC

Kerala High Court: Film Production Units are Required to Constitute an ICC under POSH Act

18/03/2022
by POSHequili

The Kerala High Court (“Court”), on 17th March, 2022, through the judgment of Women In Cinema Collective vs State Of Kerala, 2022 held that there did ...

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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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