POSH at Work

Navigating through the Challenges faced by Internal Committee during inquiry into Sexual Harassment Complaints

Sexual harassment of women at workplace has been one of the predominant concerns in the field of women rights as it not only violates fundamental rights guaranteed under the Indian Constitution, but also causes copious harm to the physical and mental well-being of the victim. It breaches their right to equal opportunity provided under Article …

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Being Transgender: is it a mental disorder?

International Statistical Classification of Diseases and Related Health Problems 10th Revision (ICD-10) – WHO Version for 2016 (“ICD-10 Version: 2016”), under Chapter V ‘Mental and behavioural disorders (F00-F99)’ and ‘Disorders of adult personality and behaviour (F60-F69)’ laid down a category called ‘Gender identity disorders’. Till early 2019, Transsexualism featured under this category (F64.0) as a …

Being Transgender: is it a mental disorder? Read More »

Do we need to do more or is the Transgender Persons law enough?

On 24th April, 2019 the Madras High Court (Madurai Bench), in the case of Arun Kumar and Sreeja vs. The Inspector General of Registration & Ors. W.P. (MD) NO. 4125, was faced with a question whether a transwoman would qualify as a “Bride” under Section 5 of Hindu Marriage Act, 1955 (“HMA”). Answering in affirmative, …

Do we need to do more or is the Transgender Persons law enough? Read More »

Section 16 does not prohibit consideration of material in the manner provided under law when the issue involved warrants taking note of such proceedings

retaliation

Recently, in a judgment dated 09th January, 2020, the Armed Forces Tribunal, Principal Bench at Delhi (“Tribunal”) in the case of Praveen Bhatt v/s Union of India and Ors held that Section 16 of the Act (dealing with confidentiality of proceedings) merely prohibits publication of the material information and its knowledge being brought in the …

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Online Communication and Sexual harassment at Workplace

Businesses have seen an exponential growth in their scope with growing technology and its innovative application to multiple facets of businesses. In an environment where organizations are able to harness technology and its increasing potential in a manner that is also cost effective, it has become possible to run and operate most operations remotely, even …

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Madras High Court on quashing of show-cause notice issued to a professor facing sexual harassment charges

Recently, in a judgment dated 13th August, 2019, the Madras High Court in the case of Samuel Tennyson v. The Principal & Secretary, Madras Christian College and Ors. refused to quash a show-cause notice issued to a professor facing an inquiry of sexual harassment as per Sexual Harassment of Women at Workplace (Prevention, Prohibition and …

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Madras High Court on definition of ‘employer’, role of LC and solitary allegation of intemperate language against a female employee

Recently, in a decision dated 17th February, 2020, the Madras High Court in the case of Union of India and Ors. vs Smt. Reva Srinivasan Iyengar and Ors. held, among other things, that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Law”) cannot be misused to harass people with exaggerated …

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Supreme Court on ‘External Member’ of IC and Transfer of Complainant

Recently, in the case of Punjab Sind Bank & Ors (“Bank”) vs. Durgesh Kunwar (“Respondent”), decided by the Supreme Court of India (“SC”) on 25th February, 2020, the Respondent was appointed as a Probationary Officer (Scale I) in 1998. By September 2016, she was promoted to the post of Chief Manager (Scale IV). During this …

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Delhi High Court passes interim order – Company to pay amount to complainant for alleged wrongful termination after sexual harassment complaint

Recently, in an interim order dated 10th February, 2020, the Delhi High Court in the case of Ms. Fauzia Rubbani v/s Delhi Woman Commission and Ors. directed the employer to pay a lumpsum amount of INR 1,20,000 to the Petitioner in lieu of the allegations raised by her that she was terminated from the Company …

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Supreme Court on application of service rules and termination of Respondent based on IC’s report

Recently, in a judgment dated 28th January, 2020, the Supreme Court (“SC“), in the case of Vijayakumaran C.P.V. (“Appellant”) v/s Central University of Kerala & Ors, (“Respondent”), said that since the report of internal committee (“IC”) confirming allegations of sexual harassment against Appellant formed basis of his termination, the order of termination will be considered …

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Goa High Court on reconstitution of IC as per Regulations & quashing of inquiry report prepared by defective IC

In a judgment dated 16th January, 2020, the Goa High Court in the case of Ruchika Kedia vs. The Internal Complaints, Goa Institute of Management and others quashed the inquiry report of the Internal Committee and directed the Goa Institute of Management (“Institute”) to comply with their regulations and constitute an Internal Committee in compliance …

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Delhi High Court on shouting at a woman in anger and sexual harassment

Recently, in a judgment dated 19th November, 2019, the Delhi High Court in the case of Abhilasha Dwivedi vs. Department of Women & Child Development NCT of Delhi and Ors., held that mere shouting in anger at a woman, cannot come under the definition of sexual harassment as per the Sexual Harassment of Women at …

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Internal Committee: Most Common Questions on Constitution & Composition

The Internal Committee (“IC” or erstwhile known as Internal Complaints Committee / “ICC”)  is a body, which has been mandated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act & Rules, 2013 (“Law”), to redress complaints of sexual harassment within organizations. This is applicable to organizations of all kinds (be it …

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Kerala High Court on conducting of inquiry only by internal committee of employer

Recently, in a judgment dated 4th September, 2019, the Kerala High Court in the case of Vineeth Shamil K. vs. Air India Charters Ltd. and Ors. held that a holding company cannot conduct an inquiry into an allegation of sexual harassment, when their subsidiary has already conducted a detailed inquiry as per The Sexual Harassment …

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Madhya Pradesh High Court imposes a heavy fine for not constituting an IC

compensation

Recently, on 16th September, 2019 in the case of Global Health Private Limited Vs. Local Complaints Committee, District Indore and others, the Madhya Pradesh High Court imposed a large fine on an employer for failing to comply with mandatory provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Law”). …

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Karnataka High Court on validity of second inquiry by an internal committee

Recently, in a judgment dated 1st July, 2019, the Karnataka High Court in the case of Suman Saurabh v. The Internal Complaints Committee, Sexual Harassment of Woment at Workplace and Ors. held that second inquiry by an internal committee on the same charges under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, …

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Sexual Harassment at Workplace: The Contributors and Mute Spectators

The world suffers a lot. Not because of the violence of bad people, but because of the silence of good people – Napoleon Bonaparte When a person stands up against sexual harassment, they stand up for all others. The question is – do others stand up in their support? Unfortunately, in some cases, the answer …

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Delhi High Court imposes a Rs. 50,000 fine for filing a false sexual harassment complaint

Recently, in a judgment dated 9th July, 2019, the Delhi High Court in the case of Anita Suresh v. Union of India & Ors. slapped a hefty fine on a woman for filing a frivolous sexual harassment claim against her senior. Facts: Ms. Anita Suresh (“Petitioner”) filed a writ petition challenging the report dated 20th …

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Delhi High Court on filing of complaint after removal from job as afterthought

Recently on 17th July, 2019, the Delhi High Court in the case of Rashi vs. The Union of India held that filing a false sexual harassment allegation, under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Law”), as an afterthought after getting dismissed will not be tolerated. Facts: Rashi (“Petitioner”) …

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Bombay High Court on filing sexual harassment complaint & atrocities against SC / ST

In the case of Sapana Korde Nee Ketaki A. Ghodinde v. The State of Maharashtra and Ors., the Bombay High Court on 9th January 2019 held that filing a complaint against a person belonging to Scheduled Caste (“SC”) or Scheduled Tribe (“ST”) does not constitute an atrocity under Scheduled Castes and Scheduled Tribes (Prevention of …

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Delhi High Court on filing a complaint after the prescribed period of limitation

In X vs. District Magistrate (South) and Another, decided by the Delhi High Court on 31 January, 2019, the Court decided on a complaint that was filed with a Local Committee (“LC”) beyond a period of 3 months from the date of last incident of sexual harassment (i.e. beyond the prescribed period of limitation under …

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Delhi High Court on validity of preliminary inquiries under CCS (CCA) Rules

retaliation

The Delhi High Court on January 21, 2019, in the case of S.K. Tanwar v. Union of India, upheld the validity of a preliminary inquiry by an internal committee before conducting a final inquiry by a newly formed internal committee as per provisions of the Central Civil Services (Classification, Control & Appeal) Rules, 1965 (“Rules”). …

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Karnataka High Court on clean chit by IC & filing of police complaint subsequently

In Usha Padmini and Ors. vs. State of Karnataka and Ors. decided by the Karnataka High Court on 28 January, 2019, the Court held that if an Internal Committee (“IC “) has conducted a proper inquiry into allegations of sexual harassment and has found no truth or substance, the prosecution of the respondent for the …

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Gujarat High Court on validity of termination while sexual harassment is alleged

termination

In Mohini Pessuram Tilwani vs. Union of India and Ors. decided by the Gujarat High Court on 30 April, 2019, the Court held that an order for termination cannot be arbitrary or punitive in nature and treatment of employees must be fair. There must be rationality in action and proportionality in taking the decision to …

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Injustice anywhere is a threat to justice everywhere

injustice

The Law against sexual harassment in India has evolved since laying down of the Vishaka Guidelines in the year 1997 by the Supreme Court to the enactment of the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, (“POSH Act”) in 2013. The Apex Court has in numerous judgments acknowledged the care …

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Provisions of law against sexual harassment at workplace are in addition to other laws

In the case of X vs State of J&K and Anr., before the High Court of Jammu and Kashmir on 1st February, 2019, the question that arose for consideration was whether a complaint / FIR registered with police simultaneously with a complaint filed with internal committee of an organization will be valid. Brief facts of …

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High Court of Delhi & applicability of S. 354A of IPC to transgender community

On 17th December, 2018, a matter with respect to applicability of Section 354A of the Indian Penal Code (“IPC”) to transgender victims reached the High Court of Delhi. From perusal of a copy of the writ petition filed by Anamika before the High Court of Delhi in 2018 it appears that she is a student …

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High Court of New Delhi on biases and internal committee

In the case of Somaya Gupta (“Petitioner”) vs. Jawaharlal Nehru University and Anr. (“Respondent”) decided by the High Court of New Delhi on 27 August 2018 an important question that arose for consideration by the High Court was whether the constitution of the IC could be faulted on account of bias. The argument of the …

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BCCI Event on Implementation Challenges and Practical Issues, 14th Dec, 2017

POSH at Work was invited by BCCI to speak about practical challenges faced in effectively implementing the Law against sexual harassment at workplace. The other speakers present at the panel discussion were Mr. Bharat Vasani (Chairman, Legal Affairs & IPR Committee and Legal Advisor to the Chairman, Tata Group), Ms. Attreyi Mukherjee (Corporate Counsel, Tata …

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Workshop at IIM Indore on 7th December, 2017

As part of IIM Indore’s endeavor of ensuring a safe, secure and gender neutral campus, the Institute organized a training workshop on ‘Prevention of Sexual Harassment at Workplace’ on December 07, 2017. The session was conducted by Ms. Samriti Makkar Midha, Psychologist and Ms. Sana Hakim, Advocate, POSH at Work …continue reading

2 Days Workshop for IC Members, Mumbai, 13-14th July 2018

After successfully conducting workshops in Mumbai, Pune and Bangalore, POSH at Work organized a 2 days Workshop for Internal Committee Members in Mayfair Banquets, Worli (Mumbai) on 13th and 14th July, 2018. This workshop was attended by about 50 committee members (both internal and external IC members). There was also a panel discussion where esteemed …

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Efforts taken by the Ministry of Women & Child Development

The Ministry of Women and Child Development has been very proactive and taking several measures to ensure that crime against women is reduced. It has taken the following measures till now: Larger funds allotted: On 21st December, 2017, the Press Information Bureau released a statement that fresh amount has been allocated under the Nirbhaya Fund. …

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Does sexual harassment even take place? Lets look at some of the statistics

On looking at the statistics it appears that while the number of complaints being filed in 2013 were really low, given the lack of awareness on the subject however, the trend changed a lot by 2017. In fact, even the National Crime Records Bureau’s data suggests that between 2014 and 2015, cases of sexual harassment …

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Some of the Stories that changed the way we are today as a nation

Before the 1980s, criminal sexual violence in India was only understood through rape. It was only in the 1980s when sexual violence (such as sexual harassment) also started getting recognized. Below are some of the case laws that have shaped our nation: In the case of Ram Das vs. State of West Bengal, AIR 1954 …

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Does Section 377 of IPC have anything to do with Sexual Harassment at Workplace?

On 6th September, 2018, the Supreme Court of India has passed a landmark judgment on Section 377 of the Indian Penal Code (“IPC”). The provision criminalized consensual sex between homosexual adults grossly violating their constitutional right to life. The Court held that this Section is unconstitutional to the extent that it criminalizes consensual sex. Section …

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External member does not only have to be independent but also must have expertise in issues related to sexual harassment

sexually coloured remarks

In the case of Ruchika Singh Chhabra vs. M/S. Air France India and Anr., decided by the High Court of Delhi at New Delhi on 30th May, 2018,  Ruchika Singh Chhabra (“Appellant”) a former employee of Air France India (“Respondent”), alleged that she had been sexually harassed by another employee, Stanislas Brun. She lodged a …

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Indian High Courts on Suspension of Respondent during Pendency of Inquiry

Section 12 (1) of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act and Rules, 2013 (“Law”) provides that during the pendency of an inquiry, on a written request made by the aggrieved woman, the Internal Committee or the Local Committee, as the case may be, may recommend to the employer to: transfer …

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MCA: Mandatory Disclosure of Compliance in Annual Reports of Companies

On 29th November, 2017, the Economic Times had reported that “Companies will soon have to disclose whether they have constituted an internal complaints committee (ICC) on sexual harassment as the government is planning to amend its rules to make the move mandatory, Union Minister Maneka Gandhi said today. The measure will help the government monitor …

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2 Days ‘Competency & Skill Building’ Workshop for Internal Committee Members

After several successful workshops in Mumbai, Pune and Bangalore in 2017, POSH at Work is proud to bring to you another one in Mumbai – this time a 2 Days fully interactive workshop on: 12th and 13th May, 2018 (Saturday & Sunday) from 9:00 am to 6:00 pm Along with a Panel Discussion with Industry …

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Compliance is Important – One on One with Ms. Vrishali Pispati

Ms. Vrishali Pispati is the Chief Executive Officer of Mumbai Mobile Creches (MMC). MMC is a non-profit organization working with the children of migrant construction workers in Mumbai, Navi Mumbai and Thane for the last 45 years. MMC offers comprehensive day care facilities for the children of the migrants at the construction sites and empowers …

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“Hume Insaan Samjho” – One on One with API, Ms. Shubhada More

Ms. Shubhada More is a Science Graduate and a sports person and passed out from Y. C. Warana Mahavidyalaya. Thereafter she stood first in MPSC (Maharashtra Public Service Commission) exam. She has been working in the Police Department since 2009 and in the Crime Branch since 2012 in DCP (Enforcement). She has also been a …

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Full Day Workshop for Internal Committee Members (Pune)

[vc_row full_width=”stretch_row_content” css=”.vc_custom_1503240453454{background-color: #001c33 !important;}”][vc_column][vc_empty_space][vc_custom_heading text=”Overview of the Workshop” font_container=”tag:h2|text_align:center|color:%23ffffff”][vc_empty_space][/vc_column][/vc_row][vc_row][vc_column width=”2/3″][vc_empty_space][vc_single_image image=”1979″ img_size=”full” alignment=”center” css_animation=”appear”][/vc_column][vc_column width=”1/3″][vc_column_text css_animation=”appear”] Discussion on Grey Areas: The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a great piece of legislation with great intention but like all other laws, this law also suffers from several practical …

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Full Day Workshop for Internal Committee Members (Bangalore)

[vc_row full_width=”stretch_row_content” css=”.vc_custom_1503240547994{background-color: #022e44 !important;}”][vc_column][vc_empty_space][vc_custom_heading text=”Overview of the Workshop” font_container=”tag:h2|text_align:center|color:%23ffffff”][vc_empty_space][/vc_column][/vc_row][vc_row][vc_column width=”2/3″][vc_empty_space][vc_single_image image=”1979″ img_size=”full”][/vc_column][vc_column width=”1/3″][vc_column_text] Discussion on Grey Areas: The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a great piece of legislation with great intention but like all other laws, this law also suffers from several practical challenges such as …

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We Got Published in Huffington Post (Another One Bites The Dust!)

The Article Titled “Another One Bites The Dust!“, authored by one of our Partners Shivangi Prasad, was published in the Huffington Post on 30th June, 2017. Here is a snippet from the article: “But why do resignations take place? To put it simply, for protecting brand image. One thing common in all these examples is, …

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We Got Published in GenderMatters.in (Learnings from TVF Case: Putting Things into Perspective…)

An Article Titled “Learnings from TVF Case: Putting Things into Perspective for an Employer“, authored by two of our Partners Samriti Makkar Midha and Shivangi Prasad, was published in GenderMatters.in on 11th April, 2017. Here is a snippet from the article: “First of all, I believe we can safely say that no employer, whether you …

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Training Session for IC Members of Mumbai Police (1st July, 2017)

POSH at Work conducted a training session for the Internal Committee Members of Mumbai Police from different police stations across Mumbai with more than 120 participants. The session was a grand success and was an incredible learning experience not only for the IC members but also for the Team from their rich experiences and real …

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Guest Post: Appellate Authority imposed penalty of Rs.30 Lacs in sexual harassment case!

sexual harassment

Brief of the Case The complainant, a former employee of I P Infusion Software India Private Limited in Mahadevapura, had said that she was sexually harassed by Mr. X, Senior Manager (HR), while she was in service. The Complainant complained that X had commented on the colour of her nail polish and tried touching her …

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The Team

The Core Team of POSH at Work comprises of: Sana Hakim: She holds an LL.B. Degree from the prestigious Government Law College, Mumbai and an LL.M. (IPR) Degree from the Mumbai University. She specialises in family and criminal laws especially laws related to crime against women such as sexual harassment, domestic violence etc. She has several years …

The Team Read More »

What We Do

POSH at Work is an organization that believes that sexual harassment at workplace does not only cause mental and/or physical damage to the person harassed but also seriously curtails opportunities at work by creating a discriminatory work environment. We believe that, in order to ensure equal participation and equal opportunity at work, it is extremely important …

What We Do Read More »

Inquiry Report of ICC binding on Employer & must be provided to Parties

In the case of Pradip Mandal vs. Union of India and Ors., the High Court of Calcutta, in its decision dated 9th June, 2016, held that Section 13 (4) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Act”) makes the recommendation of the ICC (inquiry report) binding on the …

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One on One with Ms. Sharmila Kher on her Experiences as an External Member

This weekend we got a chance to interact with Ms. Sharmila Kher and seek her views (generally as someone who has been working for a decade for the rights of women and children and as an external member of the internal complaints committee of several organizations) on several facets of the law against sexual harassment …

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Delhi High Court: What should ICC Remember while Inquiring into a Complaint?

In a recent case, Manjeet Singh vs. Indrapastha Gas Limited, decided by the High Court of Delhi on 24.10.2016, held that the person against whom a complaint of sexual harassment has been filed, must be presumed to be innocent until there is evidence to show otherwise. It went on to say that while an internal …

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Inaction on Complaints of Sexual Harassment & Retaliation

retaliation

In the last couple of days, we saw several reports highlighting two common concerns – Inaction on complaints of sexual harassment and retaliation towards the complainant. It is important to first lay down a gist of these four articles. Inaction by school on a complaint by a school girl: In an article dated 22nd November, …

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5 Things YOU can do to Help Employers Prevent Instances of “Sexual Harassment at Workplace”

5 things you can do

Keeping yourself updated: First and foremost, it is extremely important that you are aware of all that is happening on this subject, not just in India, but also in other countries, for you to be able to support employers in any manner. It’s simple, the more informed you are, the better advice you will be …

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Local Complaints Committee (LCC) across all Indian States

Local Complaints Committee

What is a Local Complaints Committee? The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 states that the State Government is required to notify a District Magistrate / Additional District Magistrate / Collector / Deputy Collector as a District Officer for every District. This District Officer is required to constitute a committee …

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The Act and the Rules on Sexual Harassment of Women at Workplace

Sexual Harassment is the “behavioural execution of a defective, discriminating, imposing mentality to cause discomfort, shame and insult.” Sexual harassment of a woman in workplace is of serious concern to humanity on the whole. It cannot be construed to be in a narrow sense, as it may include sexual advances and other verbal or physical …

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MWCD Handbook on Sexual Harassment

The Ministry of Women and Child Development, with respect to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“the Act”), which turned two on 9th December, issued, on the same day, a ‘Handbook’ on the Act (“Handbook”) which, inter alia, states the following: Every woman has right to safe workplace: The Act recognizes the right …

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DoPT OM of 16.07.2015 on Step Guide for Handling Sexual Harassment Complaints

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), published the Office Memorandum F. No. 11013/2/2014-Estt (A-III), dated 16th July, 2015 stating that a guide on “Steps for Conduct of Inquiry in complaints of Sexual Harassment” (“Step Guide”) has been formulated laying down …

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DoPT OM of 05.05.2015 – Minutes of Chairpersons Meeting on 16.04.2015

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), published the Office Memorandum F. No. 11013/2/2014-EsttA-III, dated 5th May, 2015 containing the minutes of the meeting of Chairpersons held on 16th April, 2015 to discuss the progress of implementation of the guidelines on …

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DoPT Corrigendum of 30.07.2015 regarding ‘Workplace’

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), by way of the corrigendum F. No. 11013/2/2014-Estt.A-Ill, dated 30th July, 2015 (“Corrigendum”) stated that it had prepared and circulated a step guide for conduct of the inquiry into complaints of sexual harassment vide Office …

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DoPT OM of 02.02.2016 on Filing of Appeals under Section 18

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), published the Office Memorandum F. No. 11012/0S/2016-Estt.A-III, dated 2nd June, 2016 regarding filing of appeals under Section 18 of the Sexual Harassment of Women at Workplace (Prevention, prohibition and Redressal) Act, 2013. This Office …

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DoPT OM of 09.09.2016 on Seniority of Chairperson of the ICC

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), published the Office Memorandum F. No. 11013/2/2014-Estt.A-III, dated 9th September, 2016 regarding the seniority of the Chairperson of Internal Complaints Committee (“ICC”) of an organization under the Sexual Harassment of Women at Workplace (Prevention, …

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DoPT OM of 14.07.2016 on Leave to the Aggrieved Woman

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), published the Office Memorandum No. 13026/2/2016-Estt. (L), dated 14th July, 2016 regarding grant of leave to the aggrieved woman during pendency of inquiry up to a period of three months in addition to the …

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MWCD Department Circular of 27.10.2014 on Implementation of the Act and Rules

The Government of India through the Ministry of Women and Child Development, issued a Department Circular No. 19-8 2014-WW, dated 27th October, 2014 (“Department Circular”) regarding implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This Department Circular clarifies that ‘the Act casts an obligation upon all the organizations …

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DoPT to Ministries/Departments On Implementation of the Act – 20.03.2015

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), wrote to the Secretaries of all Ministries / Departments vide D. O. No. 11013/2/2014-Estt. (A-III), on 20th March, 2015 stating that it had been decided to convene a meeting with the Chairpersons of the …

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DoPT OM of 02.02.2015 regarding Annual Reports and other Reporting Requirements

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), published the Office Memorandum No. 11013/2/2014-Estt (A-III), dated 2nd February, 2015 in relation to the reporting requirements under the provisions of the Sexual Harassment of Women at Workplace (Prevention, prohibition and Redressal) Act, 2013. …

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Calcutta High Court on “Sexually Coloured Remarks”

sexually coloured remarks

In the case of Jishu Sengupta & Others vs. The State of West Bengal & Anr., decided by the High Court of Calcutta on 4th November, 2016, the Court held that statements with sexual connotations and sexual innuendos are “sexually coloured remarks” and fall within the definition of sexual harassment under Section 354A of the …

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Why should Colleges have internal complaints committee?

internal complaints committee

The Times of India, in its Article titled ‘Do Anti-Harassment Cell exist?’ recently reported that an incident involving the rape of an engineering college student by her college mates and another one where a student was subjected to sexual assault, have raised grave safety concerns among the student fraternity. It reported that though colleges have anti …

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Filing Complaints Online & Monthly Submissions – An Amendment Expected?

It has been recently reported by Deccan Chronicle, in its Article titled ‘Employees can file sexual harassment complaints online: Govt.’ dated ‘27th October, 2016’ that several women employees wrote to the Women and Child Development (“WCD”) ministry about delay in getting their complaints about sexual harassment resolved (even though the Sexual Harassment of Women at …

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Sexual Harassment : Proportionality of Punishment to Harasser Delhi HC

sexual harassment

The High Court of Delhi, in two recent cases, Puja Dubey vs. Union of India and Ors, (in July, 2016) (“Puja Dubey Case”) and A. K. Singh vs. Union of India and Ors., (in December, 2015) (“Singh Case”) was faced with the question of proportionality of punishment. While the Puja Dubey case is not a …

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Can a Complainant of Sexual Harassment ask for information on her own complaint through RTI?

In the case of Puspanjali Padhy vs. Central Public Information Officer, Indian Overseas Bank, before the Central Information Commission (“CIC”), New Delhi on 30th March, 2016, the issue of confidentiality under Section 16 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“the Act”) versus right to information (“RTI”) under …

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Case on transfer during pendency of a matter of sexual harassment

The High Court of Delhi recently, on 29th July, 2016, discussed transfer (during pendency of a complaint of sexual harassment) by an internal complaints committee (“ICC”), in accordance with Section 12 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“the Act”) in the case of Rupesh Hari vs. Union …

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