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Posts in category: POSH

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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Building An Ethical Workplace Through Posh Compliance New

Building An Ethical Workplace Through Posh Compliance

13/09/2024
by POSHequili

What is an Ethical Workplace? The moral code that directs employees' and employers’ behavior with regard to what is right and wrong in terms of co ...

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West Bengal State Assembly passes new anti-rape bill

West Bengal’s New Anti-Rape Bill

06/09/2024
by POSHequili

The West Bengal government recently passed the "Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024" in the State Assembly. In ...

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R.G. Kar Medical College case emphasizes the need for equity in safe spaces.

R.G. Kar Medical College Case: A POSHe Perspective 

30/08/2024
by POSHequili

The momentum is growing around conversations of reclaiming safety in public spaces for female bodies. In our last post we looked at how change will n ...

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Supreme Court developments in RG Kar Medical College Hospital case

Supreme Court Developments in RG Kar Medical College Hospital Case

23/08/2024
by POSHequili

Citation: Re: Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata and related issues | SMW(Crl) 2/2024 Facts of ...

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Bombay High Court ruling on offensive language in emails and social media under IPC 509

Bombay High Court held that offensive language used in emails or on social media can be subject to penal action for insulting a woman’s modesty.

23/08/2024
by POSHequili

Facts of the Case On August 21, 2024, the Bombay High Court addressed the issue of whether written insults, such as those conveyed through email o ...

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Justice Hema Committee report on challenges in the Malayalam film industry

Justice Hema Committee Report

23/08/2024
by POSHequili

Facts of the Case: The Justice Hema Committee report, which was publicly released on August 19, 2024, was initiated by the Kerala Government in 20 ...

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Supreme Court deliberating on POSH Act dashboards for transparency.

Supreme Court is contemplating requiring States and UTs to set up online dashboards that provide information about internal committees under the POSH Act.

16/08/2024
by POSHequili

Facts of the Case: The case Aureliano Fernandes Versus State Of Goa And Others pertains to the implementation of the Sexual Harassment of Women at ...

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Punjab & Haryana High Court warns about the impact of false sexual harassment

The Punjab & Haryana High Court stated that false sexual harassment allegations impose a significant psychological burden on innocent individuals who is accused.

09/08/2024
by POSHequili

Facts of the Case: The case revolves around a woman who filed a petition before the Punjab & Haryana High Court, seeking the registration of a ...

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Calcutta HC ruling on Section 354A IPC and female accused

Calcutta HC Held that Sexual Harassment under Section 354A of IPC Is Inapplicable to Female Accused

02/08/2024
by POSHequili

Facts of the Case: The petitioner/accused filed a criminal revision application under Sections 482 and 401 of the Code of Criminal Procedure, 1973 ...

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Calcutta Court decision on Sections 354C and 354D of the IPC involving public stalking and repeated unwanted contact.

Calcutta Court Held that for Sections 354C and 354D, Must Occur in Public and Stalking Requires Unwanted Contact, Repetition, and Absence of interest.

26/07/2024
by POSHequili

Facts of the Case: On 24.12.2016, a complaint was lodged at Haridevpur Police Station under Sections 354C and 354D of the IPC. The complaint alleg ...

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Gujarat Court ruling on personal details case, not sexual harassment

Gujarat Court Holds That Asking Personal Detail from An Unknown Woman Is Inappropriate but Not Sexual Harassment.

26/07/2024
by POSHequili

Facts of the Case In this case from Gandhinagar, the applicant was booked under Section 354A of the Indian Penal Code (IPC) for allegedly asking a ...

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Madras High Court ruling on continuous sexual harassment and misconduct

The Madras High Court’s emphasized that continuous sexual harassment, including rape, amounts to ongoing misconduct and therefore cannot be barred by limitation.

26/07/2024
by POSHequili

Facts of the Case: The petitioner, challenged the inquiry report dated March 6, 2023, submitted by the Internal Committee (IC). Complainant had fi ...

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Allahbad High Courts - 28th June 2024

The Allahabad Court stated that laws on sexual offenses being women-centric doesn’t mean the male partner is always at fault.

28/06/2024
by POSHequili

Introduction The Allahabad High Court affirmed the acquittal of a man who was charged with rape. The court highlighted that although rules regardi ...

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Karnataka HC Judgement On IPC Section 354A

Doctors’ access to patients’ bodies for healing is divine; misuse may invoke IPC Section 354A.- Karnataka HC

21/06/2024
by POSHequili

Introduction This case involves the petitioner, a doctor by profession, challenging the registration of a criminal complaint for offenses punishab ...

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(Dr. Punita K. Sodhi vs Union Of India) Delhi High Court 14th June Judgment Article Featured Image - POSHequili

There is a need to protect victims from prejudice and mistreatment in addition to the potential for retaliatory complaints in situations involving sexual harassment – Delhi High Court

14/06/2024
by POSHequili

Introduction In this case, Dr. X  is the target of two writ petitions filed by the same petitioner concerning claims of sexual harassment and ...

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(Shanta Kumar vs Council Of Scientific And Industrial Research) Delhi High Court 14th June Judgment Article Featured Image - POSHequili

“An Accidental Touch, Even If Unwelcome, Does Not Count As Sexual Harassment.”- Delhi HC

14/06/2024
by POSHequili

Introduction In the case the petitioner challenged the proceedings conducted by the Complaint Committee (IC) regarding allegations of sexual haras ...

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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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