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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

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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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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POSH External Member

Understand the role of External Members under the POSH Act

01/02/2024
by POSHequili

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) was formulated in India with an objective of ...

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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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Proceedings Beyond 90 Days in POSH Act

Continuance of inquiry beyond 90 days as required by Section 11(4) POSH Act does not vitiate the proceedings: Delhi High Court

21/11/2023
by POSHequili

Case Details: CA Nitesh Parashar v. Institute of Chartered Accountants of India ICAI & Ors., W.P.(C) 88/2023 Brief Background: The Pet ...

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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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