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HomeCourts

Posts in category: Courts

Supreme Court emphasizes private sector POSH Act compliance

Supreme Court judges Justices B.V. Nagarathna and N.K. Singh found that there are serious deficiencies in compliance with the POSH Act in the private sector

06/12/2024
by POSHequili

On 3 December 2024, the Supreme Court issued comprehensive guidelines for effective implementation of Protection of Women from Sexual Harassment at W ...

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Karnataka HC on Interim Relief in Sexual Harassment Appeals

“When an appellate authority is empowered to decide an appeal, it is also empowered to grant interim relief till the disposal of the appeal.”- Karnataka HC

06/12/2024
by POSHequili

Facts Of the Case: The petitioner has challenged the validity of the final report  of the Internal Committee regarding sexual harassment of w ...

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Kerala HC Stated Body Shaming Unacceptable While Granting Bail in Sexual Harassment Case

Kerala HC has stated that the inordinate delay in registering the FIR, coupled with prima facie evidence of a consensual relationship, justifies granting anticipatory bail to an actor in the sexual assault case.

29/11/2024
by POSHequili

Facts of the Case The petitioner, who is the sole accused in Crime sought pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanh ...

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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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Supreme Court mandates victim verification for settlements in serious offenses

The Supreme Court directs all High Courts to ensure the victim’s presence, either physically or virtually, to verify the genuineness of any settlement before quashing criminal proceedings in serious offenses, particularly those involving crimes against women.

22/11/2024
by POSHequili

Facts of the Case The Supreme Court was hearing an appeal filed by a victim against the Gujarat High Court’s decision to quash criminal proceeding ...

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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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Supreme Court orders victim compensation for assault cases involving women and children

When adjudicating a case concerning assault on minor children and women the Sessions Court shall order for victim compensation to be paid: Supreme Court

15/11/2024
by POSHequili

Introduction The Supreme Court emphasized on the importance of timely victim compensation in its recent decisions, especially in cases involving b ...

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Kerala High Court ruling on voyeurism and privacy expectation

Kerala HC held that watching a woman and photographing her is not voyeurism under Section 354C IPC unless done in circumstances where she would expect privacy.

08/11/2024
by POSHequili

Facts of the Case According to the prosecution, on May 3, 2022, at approximately 4:30 a.m., the de facto complainant was standing outside her hous ...

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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 High Court ruling on Section 509 paperweight case

Bombay HC Quashes FIR Against Man Accused Under Section 509 For Moving Hands Over Nude Lady-Shaped Paperweight

18/10/2024
by POSHequili

Facts of the Case: Facts of the Case:Contentions of the Parties:Court's Observations:Court’s Order: The case involves an application under Sect ...

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Supreme Court of India hearing marital rape case 2024

Proceeding To Criminalize Marital Rape Has Begun in Supreme Court.

18/10/2024
by POSHequili

On October 17, 2024, the Supreme Court of India commenced hearings in Hrishikesh Sahoo v. State of Karnataka & Ors. (SLP(Crl) No. 4063-4064/2022) ...

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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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Kerala HC quashes FIR against teacher in sexual assault case

Kerala HC Rules Physical Contact During Resistance Not ‘Unwelcome Sexual Overture’ and Quashes FIR Against Teacher

11/10/2024
by POSHequili

The sole accused in Crime No.675 of 2024 from Kalamassery Police Station, Ernakulam, filed a petition under Section 528 of the Bharatiya Nagarik Sura ...

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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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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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Central Administrative Tribunal Ruling on Online or In-Person Appearances

Party Can Appear Online or In-Person Depending on Directions Given By IC: Central Administrative Tribunal Ernakulam Bench

13/09/2024
by POSHequili

Facts of the Case: The Applicant was transferred from the NSO Kottayam office to NSO Thanjavur Tamil Nadu. The applicant was dismissed from his jo ...

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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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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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