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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 ...
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) ...
“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 ...
Court Directs Compliance of Section 19(b) of the POSH Act: Displaying Penal Consequences for Sexual Harassment in the Workplace
Facts: Biyat Pragya Tripathy vs Government of Odisha & Others is a public interest litigation filed seeking implementation of Section 19(b) of th ...
A Closer Look at the Distinctive Sexual Harassment Faced by Female Doctors
Earlier this month, a female doctor filed a formal complaint against a senior doctor, alleging sexual assault during her house surgency at Genera ...
Petitioner moved the Delhi HC in a case that deals with an intersection of POSH and Defamation law
In X v. STATE OF DELHI (CRL.M.C. 4346/2022 &CRL.M.A. 17790/2022), the Delhi High Court on 06.09.2022 allowed the application and directed the Sta ...
Breaking Down of Laws Against Sexual Harassment: IPC’s Section 354A, POSH Act’s Sections 2(n) & 3. Definition – Similarities, Differences, and Implications
Introduction: Sexual harassment is a pervasive issue that affects individuals in various spheres of life, including public spaces and workplaces. ...
From Harassment to Crime: The Legal Consequences of eve-teasing
Eve teasing is a term commonly used in India to describe the act of verbal and gesticulated sexual harassment faced by women in public spaces. It is ...
Calling a woman ‘item’ attracts 1.5 years imprisonment
In the State of Maharashtra v. AN (“Accused”) (C.R.No.381/2015), on 20th October 2022, the Special Judge at Borivali Division, Dindoshi, Mumbai Court ...
Acquittal due to benefit of doubt does not automatically mean that statements made against the accused are false – Delhi High Court
In the case of Sarvjeet Singh v State (NCT of Delhi) and Anr, , Sarvjeet Singh (Petitioner) had filed a petition in Delhi High Court under Sect ...
IC can look into a complaint even if it did not directly receive it – Rajasthan High Court
Three government officers (“Complainants”) filed a written complaint alleging sexual harassment at the workplace by the Director (“Petitioner”) of th ...
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
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 ...
Tarun Tejpal Judgement: Reflection on judicial decisions in sexual assault cases against women and way forward
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 ...
Zero FIR: Right of a citizen to file FIR at any nearest police station irrespective of territorial jurisdiction
The First Information Report (“FIR”) is the first and the earliest information of the occurrence of an offence which must be registered and investiga ...
Mumbai Police sets up Nirbhaya Squad
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 ...
Fostering a Safer Workplace for Domestic Violence Survivors
“The more that we choose not to talk about domestic violence, the more we shy away from the issue, the more we lose.”- Russell Wilson. Accord ...