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HomeCourts

Posts in category: Courts

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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strict implementation of POSH Act

Writ petition for ‘strict implementation’ of POSH Act dismissed on grounds of prematurity.

07/10/2023
by POSHequili

In Senjuti Chakrabarti v. Ld. Registrar General, High Court at Calcutta & Ors, a division bench of the Calcutta High Court recently dismissed ...

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strict implementation of POSH Act

“Qualifications of members of the ICC including the external member are to be considered on a case-to-case basis”- Calcutta HC

06/10/2023
by POSHequili

The HC also emphasized that it is necessary for the adjudicatory authority to explore the antecedents and backdrop of such usage of certain words and ...

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Section 19(b) of the POSH Act

Court Directs Compliance of Section 19(b) of the POSH Act: Displaying Penal Consequences for Sexual Harassment in the Workplace

05/10/2023
by POSHequili

Facts: Biyat Pragya Tripathy vs Government of Odisha & Others is a public interest litigation filed seeking implementation of Section 19(b) of th ...

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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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Is Eve Teasing Considered Sexual

From Harassment to Crime: The Legal Consequences of eve-teasing

27/06/2023
by POSHequili

Eve teasing is a term commonly used in India to describe the act of verbal and gesticulated sexual harassment faced by women in public spaces. It is ...

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POSH Guidelines by Industrial Tribunal 

POSH Guidelines Issued for IIT Delhi by Industrial Tribunal 

03/05/2023
by POSHequili

Court- Industrial Tribunal-01, Rouse Avenue Court, New Delhi  Case Number- RCA DJ NO. 01/22  Date of Judgement: 10th April 2023  ...

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Calling a woman item

Calling a woman ‘item’ attracts 1.5 years imprisonment

21/11/2022
by POSHequili

In the State of Maharashtra v. AN (“Accused”) (C.R.No.381/2015), on 20th October 2022, the Special Judge at Borivali Division, Dindoshi, Mumbai Court ...

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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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Rule 07 of POSH

Rule 7 of POSH Rules are to be compiled with, give time to respond: Madras HC

05/09/2022
by POSHequili

A Writ Petition was filed under Article 226 of the Constitution of India praying for quashing of statements of witnesses and directing the respondent ...

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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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POSH ACT COMPLAINT MECHANISM WORKS IN COORDINATION WITH CDA RULES

POSH Act complaint mechanism works in coordination with CDA Rules: Calcutta HC

16/07/2022
by POSHequili

This writ petition has been filed seeking a writ of mandamus to set aside the penalty order. The petitioner joined service as a Junior Executive ...

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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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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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