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Highlights

Legal Update POSH: Supreme Court Reviews Nationwide Compliance with the POSH Act
Latest Newsletter Edition Available - Read Now!

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Posts in category: Publications

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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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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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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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 High 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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(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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Threat of detrimental treatment and creating an intimidating, offensive, and hostile work environment have nexus to sexual harassment.- Calcutta High Court

Threat Of Detrimental Treatment And Creating An Intimidating, Offensive, And Hostile Work Environment Have Nexus To Sexual Harassment.- Calcutta High Court

06/06/2024
by POSHequili

Introduction The Calcutta High Court has ordered the 24-Parganas (North) local committee, which was formed in accordance with the Sexual Harassmen ...

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Sweety Baby not always sexual harassment

While Addressing Reverse Bias in IC Inquiry, the  Calcutta High Court Explores the Nuances of words like ‘Sweety’ and ‘Baby’ in Sexual Harassment Allegations.

10/05/2024
by POSHequili

Facts: The Calcutta High Court recently noted that addressing women with terms like 'Sweety' and 'Baby' is common in certain social contexts and that ...

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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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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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