POSH Act
Supreme Court deletes direction requiring former NUJS VC to include its order on alleged incidents of sexual misconduct in his resume
The Court clarified that its intention in adding the impugned sentence was only to apprise the public with regard to the incident which had taken place involving the Respondent.
‘Relationship pre-dated her admission’; Madhya Pradesh HC grants relief to IGNTU Professor alleged to be in an illicit relationship with student
“What the Professor, a married person, and the complainant, a 30-year-old married lady did in their private life, was not the lookout of the IGNTU in any manner whatsoever. This was much prior to admission of the complainant in the University.”
SHe-Box and Beyond: Your Essential Guide to Navigating the PoSH Complaint Process
An outline of the PoSH Act, 2013, tracing its history and legal significance, highlighting its evolution through landmark reforms, and SHe-Box initiative presenting accessible insights to support awareness and effective application.
NUJS Vice-Chancellor’s resume to now include this Supreme Court order on alleged incidents of his sexual misconduct
A faculty member of WBNUJS had alleged that the Vice-Chancellor had sexually harassed her and threatened her with dire consequences vis-a-vis her career.
SC pushes for POSH Act Compliance; directs District-wise survey on constitution of Internal Complaints Committee
“It is the duty of an employer to ensure that in a workplace an Internal Complaints Committee is constituted in terms of Section 4 of the POSH Act. It is hence the responsibility of the Labour Department to ensure that the Internal Complaints Committee is constituted by every employer of a workplace”.
Advocates are not Bar Council employees, hence outside the ambit of POSH Act: Bombay High Court
“It is evident that the provisions of the POSH Act apply where the relationship of employer and employee exists, thus, neither Bar Council of India nor Bar Council of Maharashtra & Goa can be said to be employer of advocates.”
Kerala HC directs State to formulate guidelines for ensuring complainant’s anonymity from public domain during inquiry under POSH Act
Recognising the right to privacy as one of the fundamental rights of an individual, the Court noted that a complainant raising such grievances is entitled to ensure that her identity and whereabouts are kept anonymised from the public domain.
Internal Complaints Committee obligated to attempt Conciliation to settle sexual harassment case before starting inquiry: MP High Court
“The enquiry is nothing but an eye wash because the same was conducted without following any procedure which had to be mandatorily followed.”
Appellate Authority can consider interim application seeking stay despite absence of any specific provision in POSH Act: Karnataka HC
Court explained that POSH Act does not expressly prohibit the Appellate Authority to pass an interim order and once the appellate authority has the power to set aside impugned proceedings, it can be construed that the appellate authority also has implied power to consider passing of interim order of stay as well.
Karnataka HC directs ANI Technologies to pay Rs 5 Lakhs as compensation to woman sexually harassed by OLA cab driver in 2018
The Court directed the company’s Internal Complaints Committee to hold an enquiry into the complaint of the petitioner in accordance with the provisions of PoSH Act, 2013 and complete the process as expeditiously as possible within an outer limit of 90 days.
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Take a quick glance at what the High Courts were discussing in this late Monsoon season
POSH| Sub-Inspector’s transfer, merely on account of pendency of Internal Committee proceedings, unjustified: MP High Court
“The intervenor created an impossible situation of stalemate in herself, bringing the proceedings of the ICC to a standstill and demanding reconstitution of committee which is not contemplated under the POSH Act.”
[Sexual Harassment at Workplace] Madras HC partially vitiates inquiry report for not providing accused an opportunity to cross-examine the witnesses
“Sexual harassment causes considerable harm to women. Harassment undermines women’s workplace authority, reduces them to sexual objects and reinforces sexual stereotypes and inappropriate gender behaviour. It can have deleterious consequences for the mental and physical health of women”.
Calcutta High Court sets aside Local Committee’s rejection of WBNUJS Associate Professor’s Sexual Harassment Complaint on limitation grounds
The question of limitation is a mixed question of law and fact and, therefore, the issue of limitation could not have been decided by the local committee at the threshold stage without evidence.
Sexual Harassment at workplace: “Assure women safe & secure workplace or they will fear stepping out”; SC issues directions for PoSH Act implementation
The Supreme Court attributed the reluctance on the part of victims of Sexual Harassment at workplace to report the misconduct to, (i) uncertainty about who to approach under the Act for redressal of their grievance; and (ii) lack of confidence in the process and its outcome.
Bom HC | POSH Judgments and Order to be delivered only in Chambers or in-camera, media disclosure forbidden: G.S. Patel, J. issues detailed guidelines
Bombay High Court: While addressing an issue revolving around the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act,
Cal HC | Can a complaint under POSH Act be filed against person of same gender? Read HC’s full analysis
“[Sexual harassment] can be perpetrated by the members of any gender, even inter se.” Calcutta High Court: Sabyasachi Bhattacharyya, J. held that
Sikk HC | Whether a private function comes within ambit of broad interpretation of “workplace” in POSH Act?: HC to determine
Sikkim High Court: Bhaskar Raj Pradhan, J.has framed an eminent question for determination which will have an impact on the dispensation of justice