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HomePublications

Posts in category: Publications

Delay in filing an appeal under posh act

Delay in filing an appeal under section 18 of the posh act can be condoned under section 5 of the limitation act: Delhi High Court

15/11/2022
by POSHequili

In the case of DB Corp. Ltd. vs. X and Ors., (MANU/DE/2590/2022), the Delhi High Court considered the question of whether Section 5 of the Limitation ...

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anonymity of witnesses

Gujarat HC on anonymity of witnesses & past records of respondent’s behaviour

10/10/2022
by POSHequili

In the case of Vimalkant Bhanuprasad Shrimali vs. IDMC Limited, the High Court of Gujarat said that in POSH cases, the POSH Act provisions supersede ...

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Rule 07 of POSH

Rule 7 of POSH Rules are to be compiled with, give time to respond: Madras HC

05/09/2022
by POSHequili

A Writ Petition was filed under Article 226 of the Constitution of India praying for quashing of statements of witnesses and directing the respondent ...

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Sexually Provocative Dress

Sexually Provocative Dress Dilutes a Sexual Harassment Complaint: Sessions Court in Kerala (Kozhikode)

26/08/2022
by POSHequili

The Application was under Section 438 CrPC (Anticipatory Bail). The complainant alleged that the accused caught her hand, forcefully took her to a lo ...

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POSH ACT COMPLAINT MECHANISM WORKS IN COORDINATION WITH CDA RULES

POSH Act complaint mechanism works in coordination with CDA Rules: Calcutta HC

16/07/2022
by POSHequili

This writ petition has been filed seeking a writ of mandamus to set aside the penalty order. The petitioner joined service as a Junior Executive ...

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Sexual harassment allegations against Governor Andrew M. Cuomo

Investigation report of Sexual harassment allegations against Governor Andrew M. Cuomo (New York)

13/07/2022
by POSHequili

Andrew Cuomo, the former governor of New York, had been accused of sexual harassment by multiple women starting in December 2020, when Lindsey B ...

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Allahabad HC denies bail to lawyer accused of sexually harassing law student

Allahabad HC denies bail to lawyer accused of sexually harassing law student

27/05/2022
by POSHequili

A Bail Application under Sec-439 CR.PC. was filed for seeking enlargement on Bail during the trial with the case under offences punishable under Indi ...

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Leave for Appeal against Tarun Tejpal’s Acquittal Order Allowed

Bombay HC: Leave for Appeal against Tarun Tejpal’s Acquittal Order Allowed

24/04/2022
by POSHequili

Previously, Tarun Tejpal, the editor-in-chief of the Tehelka magazine, was accused of sexually assaulting his then colleague in the elevator of Bambo ...

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Advocates Association to Constitute Internal Complaints Committee under the POSH Act 2013

Kerala High Court Advocates’ Association to Constitute Internal Complaints Committee under the POSH Act, 2013

18/04/2022
by POSHequili

The resolution moved by Boby M Sekhar and as many as 117 other members seeking the constitution of an Internal Complaints Committee (“ICC”) as mandat ...

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No Blanket Application of Maintaining Party Confidentiality in POSH Cases

Bombay High Court: No Blanket Application of Maintaining Party Confidentiality in POSH Cases

20/03/2022
by POSHequili

The Bombay High Court, on 24th September 2021, in the case of the P vs A & Ors, 2021 coherently laid down a set a guidelines condemning the discl ...

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Political Parties Not Required to Have an ICC

Kerala High Court: Political Parties Not Required to Have an ICC under POSH

18/03/2022
by POSHequili

The Kerala High Court (“Court”), on 17th March 2022, in the judgment of Centre for Constitutional Rights Research and Advocacy vs State of Kerala &am ...

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Film Production Units are Required to Constitute an ICC

Kerala High Court: Film Production Units are Required to Constitute an ICC under POSH Act

18/03/2022
by POSHequili

The Kerala High Court (“Court”), on 17th March, 2022, through the judgment of Women In Cinema Collective vs State Of Kerala, 2022 held that there did ...

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EFFECTIVE IMPLEMENTATION OF THE POSH ACT IN KERALA

Effective implementation of the POSH Act in Kerala

10/03/2022
by POSHequili

The petition was brought forward for the effective implementation of provisions of Sexual Harassment at Workplace (Prevention, Prohibition and Redres ...

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promt reconstitution of lcc under upon expiry

Kerala High Court Calls For Prompt Re-Constitution Of LCC Under Upon Expiry of It’s Term

10/03/2022
by POSHequili

A Writ Petition, Public Interest Litigation (PIL) was filed in Kerala High Court for directing the concerned authorities to take steps to reconstitut ...

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Hyper-Technical Interpretation

Supreme Court says ‘Courts Should Avoid Hyper-Technical Interpretation of Service Rules’

05/03/2022
by POSHequili

On 3rd December, 2021, in the case of Union of India vs. M, (“case”), it was held by the Supreme Court of India that courts should avoid hyper-techni ...

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Supreme Court said that Madhya Pradesh Judge had not resigned voluntarily

Supreme Court said that Madhya Pradesh Judge had not resigned voluntarily

02/03/2022
by POSHequili

On 9th December 2021, in the case of Ms X vs Registrar General, High Court of Madhya Pradesh and another, it was held by the Supreme Court that ...

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UGC issues advisory for Gender Sensitization Training in colleges

UGC issues advisory for Gender Sensitization Training in colleges and universities

12/02/2022
by POSHequili

In his reply to the Rajya Sabha on 9th February 2022, Minister of State of Education, Dr. Subhas Sarkar wrote that the University Grants Commission ( ...

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Provisions of special law (POSH Act) would prevail over general law

Provisions of special law (POSH Act) would prevail over general law (Service Rules) if special law has differing provisions: Gauhati High Court

05/02/2022
by POSHequili

The Gauhati High Court, on 9th September 2021, in the case of AP Vs. The Gauhati High Court and Ors. held that in sexual harassment proceedings, prov ...

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Calcutta High Court on Application of POSH & POCSO Laws

Calcutta High Court on Application of POSH & POCSO Laws in case of complaints filed by Students

31/01/2022
by POSHequili

The Calcutta High Court on 24th January 2022 in the matter of PKN vs. Union of India and others held that POSH Act applies even if a c ...

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Six months jail for sexually harassing woman

Six months jail for sexually harassing woman by using abusive language and showing middle finger

31/01/2022
by POSHequili

On 3rd December 2021, in the case of Gaondevi Police Station vs. Aniket Vijay Patil, (“Case”), it was held by the Court of the Girgaon Metropolitan M ...

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Teacher Reinstated As The Posh Committee Did Not Adhere To The Requirements

Teacher reinstated as the POSH Committee did not adhere to the requirements: Calcutta HC

25/01/2022
by POSHequili

This writ petition has been preferred by the petitioner challenging the order dated 05.10.2021 passed by the Central Administrative Tribunal, Kolkata ...

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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.

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