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HomePublications – Deeksha Rai

Posts in category: Publications – Deeksha Rai

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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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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What is Article 361

What is Article 361 and How Does it Grant Immunity to Presidents and Governors from Criminal Charges, Including Sexual Harassment?

03/05/2024
by POSHequili

Recent Incident: Governor of West Bengal CV Ananda Bose has been accused of sexual harassment by a contract employee at the Raj Bhavan in Kolkata. ...

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darling is sexual harassment

Calling Unknown Woman As ‘Darling’ Amounts to the Offence of using Sexually Coloured Remark- Calcutta High Court (Port Blair Bench)

08/03/2024
by POSHequili

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 ...

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Gang Rape of Brazilian Biker

Legal perspective on the Gang Rape of the Brazilian Woman and Global Impact of the incident on woman safety in India

08/03/2024
by POSHequili

Incident: A disturbing incident occurred in Kurumahat, Jharkhand, on 1st March 2024. The incident involved a horrifying ordeal for a Brazilian tra ...

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Impact of Tamil Nadu's TiC Initiative

The Impact of Tamil Nadu’s TiC Initiative on Workplace Safety

01/03/2024
by POSHequili

The Textile Industry Coalition (TiC), which was announced by the Tamil Nadu government on February 23, 2024, is a big step in strengthening the appli ...

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Gender Sensitization Training

NEED FOR GENDER SENSITIZATION TRAININGS AT WORKPLACE

09/02/2024
by POSHequili

Introduction Whether it be overt or covert, sexism has a tendency to negatively impact co-workers in a work environment. It affects the employees ...

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Cross-Examination in Sexual Hara

Calcutta HC Upheld Respondent’s Rights and stated that an Opportunity to Cross-Examine in Sexual Harassment Complaints Ensures Fair Inquiry.

09/02/2024
by POSHequili

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 ...

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Double Jeopardy Violation in Disciplinary Proceedings

Its double jeopardy when two penalties are imposed for the same charge in disciplinary proceedings (violation of Article 22) – Andhra Pradesh HC

25/01/2024
by POSHequili

Introduction: The Andhra Pradesh High Court, in a recent judgment, held that imposing two punishments for the same charge in disciplinary proc ...

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dismisses rape case due to delay in filing FIR

SC dismissed a rape case stating that the FIR was filed 34 years post the alleged incident.

19/01/2024
by POSHequili

Introduction: The matter X v. The State of Assam and Another (Criminal Appeal No. 185 of 2024 arising from SLP(Crl.) No. 9142 of 2022) in the Supreme ...

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Victim compensation scheme

Application filed for Victim Compensation Scheme cannot be rejected due to technical limitation- ordered Punjab & Haryana HC in a gang rape case.

19/01/2024
by POSHequili

Introduction: The judgment in  X v. State of Punjab & Ors (CWP-8771-2016 (O&M))pertains to a writ petition seeking compensation for a ...

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POSH Policy

Understanding the Importance of POSH Policy for a Positive Workplace Culture

18/01/2024
by POSHequili

The dynamic nature of today's workplaces makes it critical to establish and preserve an inclusive and happy culture. The adoption of a POSH (Prev ...

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Sexual Harassment at Workplace Law in Brazil

Overview of Sexual Harassment at Workplace Law in Brazil

12/01/2024
by POSHequili

Introduction Sexual harassment in the workplace is a pervasive issue that has gained increased attention globally. Brazil has taken significant st ...

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Intemperate Language and Sexual Harassment at Workplace

Kerala HC clarifies that there is a difference between Intemperate Language and Sexual Harassment at Workplace

05/12/2023
by POSHequili

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 ...

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Workplace Power Dynamics

Power Dynamics At Workplace Causes Challenges to Subordinates in Reporting Misconduct By Their Superiors- Supreme Court

05/12/2023
by POSHequili

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 ...

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Preceding the POSH Act 2013

Preceding the POSH Act 2013: Understating Supreme Court’s Pivotal Decision in Apparel Export Promotion Council v. A.K. Chopra (1999)

30/11/2023
by POSHequili

Introduction: This landmark judgment, issued by the Supreme Court (“SC”) in the case of Apparel Export Promotion Council v. A.K. Chopra (AIR 1999 ...

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Sexual harassment must be viewed seriously

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

10/11/2023
by POSHequili

Introduction: In Union of India & Ors v Dilip Paul (Civil Appeal No 6190 of 2023), decided on 6th November 2023,  the Supreme Court (SC) ...

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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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