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Introduction: The Andhra Pradesh High Court, in a recent judgment, held that imposing two punishments for the same charge in disciplinary proc ...
SC dismissed a rape case stating that the FIR was filed 34 years post the alleged incident.
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 ...
Application filed for Victim Compensation Scheme cannot be rejected due to technical limitation- ordered Punjab & Haryana HC in a gang rape case.
Introduction: The judgment in X v. State of Punjab & Ors (CWP-8771-2016 (O&M))pertains to a writ petition seeking compensation for a ...
Understanding the Importance of POSH Policy for a Positive Workplace Culture
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 ...
Overview of Sexual Harassment at Workplace Law in Brazil
Introduction Sexual harassment in the workplace is a pervasive issue that has gained increased attention globally. Brazil has taken significant st ...
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 ...
Navigating the Complex Landscape of Live-In Relationships in India: The Supreme Court’s Perspective on Live-In Relationships and the Divergent Stance of various High Courts.
The Indian society and the laws are ever-changing and evolving. There have been various changes made in the law in line with the changing social mora ...
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 ...
Madras High Court emphasized the need for Internal complaints Committee in the Armed Forces and directed Government to ensure compliance with the POSH law.
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 ...
Writ petition for ‘strict implementation’ of POSH Act dismissed on grounds of prematurity.
In Senjuti Chakrabarti v. Ld. Registrar General, High Court at Calcutta & Ors, a division bench of the Calcutta High Court recently dismissed ...
“Qualifications of members of the ICC including the external member are to be considered on a case-to-case basis”- Calcutta HC
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 ...