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The Court observed that a narrow interpretation of provisions of the POSH Act would beget several procedural and psychological barriers for the aggrieved woman.
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.
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.
“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”.
“Police authorities are responsible for not taking action in time on the complaint made by the petitioner as they waited for three long years to register the crime, that too after directions of the Supreme Court, which had added to the agony of the petitioner.”
“It has been reflected that the Disciplinary Authority as well as the Appellate Authority have recorded concurrent findings and found the allegations of misbehaviour with customers and staff and sexual harassment of women employees and valued customers proved against the appellant.”
The Internal Complaints Committee of HDFC Sales (P) Ltd. did not consider the important issue that whether the allegations levelled against the petitioner in really constituted sexual harassment to the complainant.
Justice Dipankar Datta served as a Judge in the Calcutta High Court, and as Chief Justice of Bombay High Court, prior to being sworn in as Supreme Court Judge on 12-12-2022.
“The enquiry is nothing but an eye wash because the same was conducted without following any procedure which had to be mandatorily followed.”
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.
“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”.
Hailing from the coffee hub of Coorg district, Justice A.S. Bopanna, who started his legal career in the year 1984 from Karnataka High Court, retires as Judge of the Supreme Court on 19-05-2024.
Justice Dipankar Datta was born on 09-02-1965 in a Bengali family. He served as a Judge in Calcutta High Court, and as Chief Justice of Bombay High Court, then he was sworn in as Supreme Court Judge on 12-12-2022 by Dr Justice D.Y. Chandrachud, the Chief Justice of India.
May 2023 was quite an eventful month, as the Supreme Court of India, in only 14 working days, delivered more than 100 judgments, including 4 important Constitution Bench matters and also concluded the hearing in the momentous Marriage Equality matter. While 2 judges retired and 2 joined the Bench, 3 judges due to officially retire during summer vacation, also sat in bench for the last time.
Justice Dipankar Datta, was born on 09-02-1965 in a Bengali family. He served as a Judge in the Calcutta High Court, and as a Chief Justice of the Bombay High Court, then he was sworn in as Supreme Court Judge by Chief Justice Dr D.Y. Chandrachud on 12-12-2022
The confessional statement was signed beyond the official hours in the office premises in the presence of only male witnesses.
If the Court would allow such an interpretation, then this provision would become redundant, and a floodgate of law graduates, who may not be enrolled with the bar councils to become an ‘advocate’ but are still practicing law, would pour in. The purpose of keeping the proceedings fact-based and free expert legal advisory, would be lost.
“No doubt, that a Judicial Officer while discharging his/her duties, is expected to be independent, fearless, impassionate and non-impulsive. But a Judicial
The resignation by the petitioner was on account of exasperation and frustration actuated by a thought, that injustice was being meted out to her by the very Institution of Judiciary.
“The history of legal proceedings such as these is a major factor that contributes to the deterrence that civil and criminal mechanisms pose to persons aggrieved of sexual harassment.”