sexual harassment Archives

164 Statement: A Judicial Cloak of Justice for Victims

by Tanya Agarwal†

Karnataka High Court finds sexual harassment in open places like malls ‘highly improbable’; quashes charges

The Karnataka High Court while expressing its shock over unlikeliness of sexual abuse in open places, quashed the charges of sexual harassment and fraud against the petitioner

Case Briefs High Courts

Bombay High Court grants anticipatory bail to auto driver in a POCSO matter

Referring to the auto driver expressing his liking to the minor girl without any sexual intent, Bombay High Court granted anticipatory bail holding that he prima facie deserves protection from arrest.

Case Briefs High Courts

Madras High Court sets aside 2012 sexual harassment case against Aurobindo Ashram Trust

In 2012, Pondicherry District Collector had initiated inquiry against the Aurobindo Ashram Trust following allegations of sexual harassment, suicide of inmates and serious malpractices in the functioning of the school run by the Ashram, made by an inmate, Vishnu Lalit Singh, and a then MLA Ashok Anand.

Case Briefs High Courts

[Sexual Harassment]: Sexism not acceptable or cool; Boys should understand ‘No’ means ‘No’: Kerala High Court suggests including lessons in good behaviour and etiquette in curriculum

Kerala High Court directs college authorities to constitute a ‘Collegiate Students Redressal Committee’ after the Internal Complaints Committee report found the student guilty of sexual harassment, without giving him an opportunity of being heard. The Court noted that teachers must be encouraged to instill virtues and values in students from primary level.

Case Briefs High Courts

Courts should urge the police to investigate in sexual offences against women; Allahabad High Court reiterates

The legislation in its own wisdom have planned to use the state machinery to investigate into all those offences, in which the women are poor victims of the atrocities committed by male.

Case Briefs High Courts

Words uttered must be capable of arousing sexually impure thoughts in minds of hearers to satisfy definition of obscenity to attract Section 294(b) IPC; Kerala High Court reiterates

If the act is not obscene, or is not done in any public place, or the song recited or uttered is not in or near any public place or that it caused no annoyance to others, no offence under Section 294(b) of IPC is committed.

Case Briefs High Courts

Delhi High Court upholds compulsory retirement of a teacher accused of sexual harassment and molestation of a Class IX student

In a case where a physics teacher was accused of sexual harassment and molestation of a minor girl, the Delhi High Court held that in dealing with such matters, paramount consideration must be given to the well-being of the child whose mental psyche was vulnerable, impressionable and in a developing stage.

Know thy Judge

Know Thy Newly Appointed Supreme Court Judge- Justice Dipankar Datta

Former Chief Justice of the Bombay High Court, Justice Dipankar Datta, was sworn in as a Supreme Court Judge. His appointment now raises the judicial strength of the Supreme Court to 28 out of total strength of 34 judges

Case Briefs High Courts

No leniency to be shown to a person committing offence under POCSO Act; Gujarat High Court rejects bail plea

Gujarat High Court denied showing any leniency while deciding bail application of accused charged with offences under POCSO Act.

Case Briefs High Courts

[POSH] Delhi High Court | Baffling to see that a law graduate himself demands assistance of person with legal background for enquiry before Internal Complaints Committee

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.

Case Briefs District Court

[POCSO] Eve teasing and roadside romeos need to be dealt with heavy hand; Bombay Sessions Court convicts man for 1.5 years for calling a minor girl an “item”

Sessions Court, Borivali Division, Mumbai: In a case filed by a minor girl against the accused for offences under Sections 354, 354-D,

Case Briefs High Courts

Absence of application to condone delay barred by limitation; Madras High Court quashes FIR against self-styled Godman Shiva Sankar Baba

Madras High Court: In a criminal original petition filed under Section 482 of the Code of Criminal Procedure (CrPC) for

Case Briefs High Courts

Patna High Court directs State to ensure guidelines adopted by the State in relation to housing the members of the transgender community in jails must be implemented in letter and spirit

Patna High Court: In a writ petition concerning the transgender community, the division bench of Sanjay Karol, CJ. and S. Kumar, J.

Case Briefs High Courts

Kerala High Court issues notice to General Secretary, Sister Hatune Foundation on a German National’s plea alleging sexual harassment

Kerala High Court: In a disturbing case where a German National, who came to India on a 1-year visa for NGO volunteer

Case Briefs Supreme Court

Supreme Court sets aside Madhya Pradesh HC’s “utterly incomprehensible” judgment discharging accused in a minor’s rape case for delay in filing FIR

“The facts of this litigation are quite heart-breaking and at the same time, more disturbing is the utterly incomprehensible impugned judgment of the High Court discharging the accused of the offence of rape essentially on the ground of delay in the registration of the FIR.”