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HomePublications

Posts in category: Publications

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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Madras High Court restrains Lenna Manimekalai and Susi Ganesan from talking to media

Madras High Court restrains Lenna Manimekalai and Susi Ganesan from talking to media in #metoo case

25/01/2022
by POSHequili

Justice Quddhose of the Madras High Court on 20.01.2022 restrained filmmaker and poet, Leena Manimekalai and film producer Susi Ganesan from going to ...

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Complaint Boxes against 'Sexual Harassment at Workplace'

Complaint Boxes against ‘Sexual Harassment at Workplace’ installed at Allahabad High Court

12/01/2022
by POSHequili

As a new initiative, several complaint boxes have been installed at both the benches of the Allahabad High Court i.e., Principal bench and Luckn ...

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Acquittal in criminal trial has no bearing on disciplinary proceedings

Supreme Court: Acquittal in criminal trial has no bearing on disciplinary proceedings

10/01/2022
by POSHequili

The Supreme Court on 3rd January 2022 in the matter of Maharashtra State Road Transport Corporation Vs. Dilip Uttam Jayabhay held ...

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Employee has no absolute right to be represented in departmental proceedings

Supreme Court: Employee has no absolute right to be represented in departmental proceedings through agent of his choice

10/01/2022
by POSHequili

The Supreme Court on 4th January 2022 in the matter of The Rajasthan Marudhara Gramin Bank (RMGB) & Anr. Vs Ramesh Chandra Me ...

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IC must provide Copies of Complaint, Statements to Accused

Kerala High Court states that IC must provide Copies of Complaint, Statements to Accused

07/01/2022
by POSHequili

On 10th January 2022, in the case of Managing Director, HDFC Standard Life Insurance Company v. Suresh Babu, (“Case”), it was held by the High Court ...

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Central Administrative Tribunal- Transfer Made on the Basis of IC Recommendations

Central Administrative Tribunal- Transfer Made on the Basis of IC Recommendations Can Only be Challenged if Found to be Perverse or Malafide

03/01/2022
by POSHequili

On 24th December, 2021, in the case of Shantanu Mandal v. Union of India, the Central Administrative Tribunal (“CAT”) held that the transfer order ma ...

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Madras High Court held that authorities are not entitled to reveal specific information

Madras High Court held that authorities are not entitled to reveal specific information to alleged harasser if it is a security risk

30/12/2021
by POSHequili

In the case of TV vs. Joint Director of School Education, the Madras High Court on 15th December 2021 held that authorities are not entitled to revea ...

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Delhi High Court on Selection of Alleged Harasser as the Head of Department

Delhi High Court on Selection of Alleged Harasser as the Head of Department

20/12/2021
by POSHequili

On 9th December 2021, in the case of RKS v University of Delhi and Ors., it was held by the High Court of New Delhi that there is no prejudice c ...

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Express Acts of Sexual Harassment not mandatory under POSH Act

Tripura High Court: Express Acts of Sexual Harassment not mandatory under POSH Act

18/11/2021
by POSHequili

In VKR vs. The Union of India and Others, 2022, the Tripura High Court (“Court”) observed that the express mentioning of instances of sexual harassme ...

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High Court on sharing of sexually explicit images

Allahabad High Court on sharing of sexually explicit images / videos consensually taken

20/10/2021
by POSHequili

In the matter of Guruvinder Singh vs. State of UP and Ors.,while rejecting the bail application, the Allahabad High Court (“Court”) on ...

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Tarun Tejpal Judgement

Tarun Tejpal Judgement: Reflection on judicial decisions in sexual assault cases against women and way forward

18/10/2021
by POSHequili

The controversial Tarun Tejpal case has become the most sensational case of alleged rape and sexual assault at the workplace. The 527-page long judgm ...

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Zero FIR

Zero FIR: Right of a citizen to file FIR at any nearest police station irrespective of territorial jurisdiction

18/10/2021
by POSHequili

The First Information Report (“FIR”) is the first and the earliest information of the occurrence of an offence which must be registered and investiga ...

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Guidelines issued by Bombay High Court on POSH Matters

Guidelines issued by Bombay High Court on POSH Matters: Legal Analysis

30/09/2021
by POSHequili

On 24th September 2021, in the case of P vs. A & Ors., (“Order”) the Bombay High Court held that in the interest of protecting parties against di ...

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Afghanistan on sexual harassment

Sexual Harassment, Taliban & Afghanistan: An analysis

27/09/2021
by POSHequili

As we know, the Taliban regime, took control of Kabul in August 2021. The Taliban has said that under the Taliban's newly established government, wom ...

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Sexual Harassment Challenges & Evidence

Sexual Harassment & Self-Destructing Messages: Challenges & Evidence

27/09/2021
by POSHequili

Self-Destructing Messages / Apps or ephemeral messages are those messages which “disappear” once the recipient of such message has seen or read the m ...

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Mumbai Police sets up Nirbhaya Squad

Mumbai Police sets up Nirbhaya Squad

24/09/2021
by POSHequili

As per Circular No. 7 (S. No./C.P/Reader/Circular/241/2021 - Circular on Nirbhaya Squad and Project “Saksham”) dated 14th September 2021 of Governmen ...

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sexual harassment at workplace in malaysia

Sexual Harassment Laws and Malaysia

18/09/2021
by POSHequili

1). How is Sexual Harassment viewed in Malaysia? In Malaysia, the Federal Constitution recognizes ‘life’ as a value which should be treated with u ...

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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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