POSH Rule 7 And Opportunity To Be Heard Must Be Followed Strictly During IC Proceeding: Kerala HC
Facts of the case After a complaint was filed against him on December 19, 2022, and he was found guilty, the petitioner came before the court aski ...
Calling Unknown Woman As ‘Darling’ Amounts to the Offence of using Sexually Coloured Remark- Calcutta High Court (Port Blair Bench)
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 ...
Significant observation in Medha Kotewal Lele & Ors vs U.O.I. & Ors
Citation: (2013) 1 SCC 297 Jurisdiction: Supreme Court of India Date of Decision: 19th October 2012 Case Overview Concerns about the effe ...
Calcutta HC Upheld Respondent’s Rights and stated that an Opportunity to Cross-Examine in Sexual Harassment Complaints Ensures Fair Inquiry.
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 ...
Continuing Sexual Harassment Trial Without Identifying the Accused Is a Mockery Upon Womanhood- Madras HC
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 ...
Gujarat HC Emphasised the Importance of Impartial IC in an Educational Institute
Introduction: The Gujarat National University (GNLU) recently faced scrutiny in a suo motu Public Interest Litigation (PIL) in the Guj ...
Its double jeopardy when two penalties are imposed for the same charge in disciplinary proceedings (violation of Article 22) – Andhra Pradesh HC
Introduction: The Andhra Pradesh High Court, in a recent judgment, held that imposing two punishments for the same charge in disciplinary proc ...
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.
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 ...
A Woman Judicial Officer’s Complaint Reveals Systemic Issues including of sexual harassment at workplace.
A closer examination of the Indian judicial system has been prompted by the recent revelation of alleged sexual harassment to the Chief Justice of In ...
Kerala HC clarifies that there is a difference between Intemperate Language and Sexual Harassment at Workplace
Introduction: The judgment in K.P. Anil Rajagopal Vs. State of Kerala and Ors. (W.P. (C) No. 13811 of 2016 (B)) pertains to a writ petition chall ...
Power Dynamics At Workplace Causes Challenges to Subordinates in Reporting Misconduct By Their Superiors- Supreme Court
Introduction: In Union of India and Ors v. Mudrika Singh (Civil Appeal No. 6859 of 2021), Supreme Court’s scrutiny revealed a concerning trend in ...
Preceding the POSH Act 2013: Understating Supreme Court’s Pivotal Decision in Apparel Export Promotion Council v. A.K. Chopra (1999)
Introduction: This landmark judgment, issued by the Supreme Court (“SC”) in the case of Apparel Export Promotion Council v. A.K. Chopra (AIR 1999 ...
Continuance of inquiry beyond 90 days as required by Section 11(4) POSH Act does not vitiate the proceedings: Delhi High Court
Case Details: CA Nitesh Parashar v. Institute of Chartered Accountants of India ICAI & Ors., W.P.(C) 88/2023 Brief Background: The Pet ...
Supreme Court’s Verdict on Gender-Neutral Amendments to its Gender Sensitization and Sexual Harassment of Women at the Supreme Court of India Regulations, 2013
Introduction: Binu Tamta and Anr. vs. High Court of Delhi and Ors. (Misc. Application No. 2308/2023 in W.P.(C) No. 162/2013) was decided on Novem ...
Gandi Aurat’ not enough to constitute offence under Section 509 IPC: Delhi HC emphasizes on neutral approach while dealing with gender-specific legislations
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 ...
There Exists No Provision of Preferring Appeal Under the Act to a Departmental Authority- Madhya Pradesh High Court
Introduction: Mukesh Khampariya vs. State of Madhya Pradesh and Ors., (Writ Petition No. 21852 of 2018) was decided on October 5, 2023. The Court ...
Sexual harassment in any form at the workplace must be viewed seriously and the harasser should not be allowed to escape from the clutches of law due to hyper technicalities- Supreme Court
Introduction: In Union of India & Ors v Dilip Paul (Civil Appeal No 6190 of 2023), decided on 6th November 2023, the Supreme Court (SC) ...
Supreme Court’s Directives for Effective Enforcement of POSH Act: Ensuring Compliance and Accountability by State and Non-State Actors
Introduction: In Aureliano Fernandes vs. State of Goa and Ors. (MANU/SC/0572/2023) Civil Appeal No. 2482 of 2014, decided on May 12, 2023, the Ap ...
Vishaka Guidelines against Sexual Harassment at Workplace
Download the Copy of Vishaka Guidelines Source - https://saksham.ugc.ac.in Introduction: In a landmark moment in the Indian jurisprud ...
Supreme Court’s Mandates for Effective Implementation of POSH Act: Directives to Union and State Governments
Brief Background: A writ petition was filed under Article 32 of Indian Constitution before the Supreme Court by an organization named Initiatives ...
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
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 ...
