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HomePOSH

Posts in category: POSH

Effective Enforcement of POSH Act

Supreme Court’s Directives for Effective Enforcement of POSH Act: Ensuring Compliance and Accountability by State and Non-State Actors

07/11/2023
by POSHequili

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 ...

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Vishaka Guidelines against Sexual Harassment at Workplace

Vishaka Guidelines against Sexual Harassment at Workplace

07/11/2023
by POSHequili

Download the Copy of Vishaka Guidelines Source - https://saksham.ugc.ac.in Introduction: In a landmark moment in the Indian jurisprud ...

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Effective Implementation of POSH Act

Supreme Court’s Mandates for Effective Implementation of POSH Act: Directives to Union and State Governments

07/11/2023
by POSHequili

Brief Background: A writ petition was filed under Article 32 of Indian Constitution before the Supreme Court by an organization named Initiatives ...

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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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UGC Regulations on Preventing Sexual Harassment

An Overview of University Grants Commission (UGC) Regulations on Preventing Sexual Harassment in Higher Education Institutions.

27/10/2023
by POSHequili

Introduction The University Grants Commission (UGC) has introduced a series of regulations since 2015 to address this issue of sexual harassment a ...

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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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POSH Consultant

The Role and Importance of a POSH Consultant in the Workplace

10/10/2023
by POSHequili

In today’s dynamic and diverse workplace, creating a safe and inclusive environment for employees is paramount. A surefire method of achieving a safe ...

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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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Sexual Harassment Faced by Female Doctors

A Closer Look at the Distinctive Sexual Harassment Faced by Female Doctors

29/09/2023
by POSHequili

Earlier this month, a female doctor filed a formal complaint against a senior doctor, alleging sexual assault during her house surgency at Genera ...

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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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Quid pro Quo

Quid pro Quo type of Sexual harassment – What you need to know

20/07/2023
by POSHequili

**Content Note: This article talks about quid pro quo and workplace sexual harassment, with mentions of detailed case studies.Smita’s story, Part 1: “ ...

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POSH Act Sections

Breaking Down of Laws Against Sexual Harassment: IPC’s Section 354A, POSH Act’s Sections 2(n) & 3. Definition – Similarities, Differences, and Implications

01/07/2023
by POSHequili

Introduction: Sexual harassment is a pervasive issue that affects individuals in various spheres of life, including public spaces and workplaces. ...

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Posh law and mental health

POSH Law (2013) and Mental Health: Exploring connections

30/06/2023
by POSHequili

In this article we are looking to explore the nexus between the POSH Law and Mental Health and Wellbeing concerns by exploring the psychosocial impact ...

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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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Section 354 of the IPC and the POSH Act

UNDERSTANDING SECTION 354 OF IPC: OUTRAGING THE MODESTY OF A WOMAN IN CONSONANCE WITH THE POSH ACT

23/06/2023
by POSHequili

Introduction: In a society striving for gender equality and the protection of women's rights, the Indian legal system has implemented stringent la ...

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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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