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 …
Consent is defined under section 375 of the Indian Penal Code as ‘an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act’. Essentially, this definition contends that consent is a voluntary Agreement that is given by a woman …
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 …
Trying to filter the news feed amidst not only a pandemic, but also a lockdown has been challenging. After having read about the increase in number of people who have tested positive for COVID-19, I’m exposed to headlines filled with the rise in different forms of sexual and gender-based violence. Reading about one such headline, …
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 »
Recently, in the case of Amarjeet Singh vs. Chief Secretary State of Jharkhand & Ors., and several other petitions taken up by the Court on its own motion, the High Court of Jharkhand at Ranchi on 17th April 2020 has ordered the state to provide food and other necessary facilities to transgender persons (“TP”). Similarly, …
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 …
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 …
Online Communication and Sexual harassment at Workplace Read More »
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 …
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 …
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 …
Supreme Court on ‘External Member’ of IC and Transfer of Complainant Read More »
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 …
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 …
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 …
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 …
Delhi High Court on shouting at a woman in anger and sexual harassment Read More »
After the brutal gang rape and murder of Dr Reddy, Hyderabad’s Nirbhaya, the society is up in arms. From the celebrities to the common persons, from the layman to the lawyers, from the general public to the parliamentarians, every where you look, read or watch, people are screaming, “We want justice, and we want it …
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 …
Internal Committee: Most Common Questions on Constitution & Composition Read More »
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 …
Kerala High Court on conducting of inquiry only by internal committee of employer Read More »
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”). …
Madhya Pradesh High Court imposes a heavy fine for not constituting an IC Read More »
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, …
Karnataka High Court on validity of second inquiry by an internal committee Read More »
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 …
Sexual Harassment at Workplace: The Contributors and Mute Spectators Read More »
The global anti sexual harassment movement, the #MeToo Movement saw manifestation in India when last year, former Miss. India and actress Tanushree Dutta in an interview, mentioned about how she was sexually harassed on the sets of the movie Horn Ok Please. One could ask – how did sexual harassment become such a global movement? …
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 …
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”) …
Delhi High Court on filing of complaint after removal from job as afterthought Read More »
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 …
Bombay High Court on filing sexual harassment complaint & atrocities against SC / ST Read More »
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 …
Delhi High Court on filing a complaint after the prescribed period of limitation Read More »
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”). …
Delhi High Court on validity of preliminary inquiries under CCS (CCA) Rules Read More »
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 …
Karnataka High Court on clean chit by IC & filing of police complaint subsequently Read More »
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 …
Gujarat High Court on validity of termination while sexual harassment is alleged Read More »
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 …
Injustice anywhere is a threat to justice everywhere Read More »
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 …
Provisions of law against sexual harassment at workplace are in addition to other laws Read More »
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 …
High Court of Delhi & applicability of S. 354A of IPC to transgender community Read More »
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 …
High Court of New Delhi on biases and internal committee Read More »
Members of POSH at Work spoke at a Public Lecture Meeting on the Law relating to Sexual Harassment in India and rights of women. It was attended by members of Chamber of Tax Consultants and others. About 50 participants attended it.
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 …
BCCI Event on Implementation Challenges and Practical Issues, 14th Dec, 2017 Read More »
POSH at Work organized this free event to provide a platform to voices who participated, been enraged about or been witness to the #MeToo movement on social media. The event was to discuss laws related to sexual harassment, especially at workplace, stalking, voyeurism and the various authorities one can reach out too in case incidents …
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
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 …
2 Days Workshop for IC Members, Mumbai, 13-14th July 2018 Read More »
“Hi Kriti, Today I want to let you know how much I love you. I have an allegation by two of the employees f sexual harassment and trust me I did not do anything. I know the world will understand it but you and our families should trust me. The allegations are baseless. But the …
Suicide by Respondent: Learnings for Organizations & IC Members Read More »
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. …
Efforts taken by the Ministry of Women & Child Development Read More »
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 …
Does sexual harassment even take place? Lets look at some of the statistics Read More »
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 …
Some of the Stories that changed the way we are today as a nation Read More »
Below are some examples of different kinds of sexual harassment at workplace: [Disclaimer: Please note that these examples have been put together based on real life cases handled by us, incidents reported in media and judgments from courts. They do not reflect or denote incidents at any particular organization. Given the nature of the subject, …
Below are some examples of what may not be sexual harassment at workplace (if there is no history, background or context of sexual harassment/behaviour): Any behaviour that is welcome and there is consent e.g.: Relationships or going on dates outside of work Workplace harassment, e.g.: giving back to back shifts, asking the person to do …
As per law, a woman of any age whether employed or not can file a complaint. However, today several organizations have gender neutral policies as well. If that is the case in your organization, it would mean that all individuals, irrespective of their age, gender or employment status can file a complaint. These complaints may …
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 …
Does Section 377 of IPC have anything to do with Sexual Harassment at Workplace? Read More »
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 …
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 …
Indian High Courts on Suspension of Respondent during Pendency of Inquiry Read More »
For those of us who handle inquiries into complaints of sexual harassment at workplace, it is very common to hear a party say that they desire to file a defamation suit before a Court. One also often reads about defamation cases being filed before, during and / or after a complaint of sexual harassment. Recently, …
High Court of Delhi on Sexual Harassment and Defamation Read More »
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 …
MCA: Mandatory Disclosure of Compliance in Annual Reports of Companies Read More »
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 …
2 Days ‘Competency & Skill Building’ Workshop for Internal Committee Members Read More »
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 …
Compliance is Important – One on One with Ms. Vrishali Pispati Read 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 …
“Hume Insaan Samjho” – One on One with API, Ms. Shubhada More Read More »
Ms. Swaroop Sampat, in her short stint in the TV and film industry has worked in very well-known TV serials such as “Yeh jo hai zindagi” and movies such as “Ki and Ka”. She was also crowned Miss India in the year 1979, and this epitome of beauty with brains has also done her Ph.D. …
“Bol Ke Lab Azaad Hain Tere” – One on One with Ms. Swaroop Sampat Read More »
This weekend we got a chance to interact with Justice Dr. S. Radhakrishnan (Retd.) and seek his views on several facets of the law against sexual harassment at workplace and the workings of the courts. He was kind enough to answer all our questions and share his experiences with us and we are very thankful …
One on One with Justice Dr. S. Radhakrishnan (Retd.) Read More »
POSH at Work in association with How Revealing and 91 Springboard (Bangalore) is organizing an event to provide a platform to voices who have participated in the #MeToo movement and engage in a dialogue of how to keep this movement actively going and empowering self with knowledge of actions that can be taken when it …
Empower Yourself (Bengaluru) 17th November, 2017 Read More »
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Details will be put up shortly.
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[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 …
Full Day Workshop for Internal Committee Members (Pune) Read More »
[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 …
Full Day Workshop for Internal Committee Members (Bangalore) Read More »
One of our Partners Sana Hakim, was interviewed by Super Lawyer on 25th July, 2017. Here is a snippet: “The motivating factor was the law itself that is the need of the hour in light of horrendous Nirbhaya gang rape case in Delhi, to various instances pertaining to crime against women, and since am actively …
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, …
We Got Published in Huffington Post (Another One Bites The Dust!) Read More »
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 …
POSH at Work conducted an awareness session for the members of Indian Association of Secretaries on 27th June, 2017 on the Law against sexual harassment at workplace, what it is and the importance of complying with it. We got a very good response from the participants and want to thank them for making the session …
The Core Team of POSH at Work held an awareness session for the students of Patkar College, Mumbai on 10th February, 2017. The students showed a lot of enthusiasm and curiosity and POSH at Work wants to thank them for asking their questions without ay reservations and indeed making the sessions such a wonderful event.
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 …
Training Session for IC Members of Mumbai Police (1st July, 2017) Read More »
On 24th June, 2016, the High Court of Guahati decided the case of Tezpur University and Ors. vs. C.S.H.N. Murthy, which was a clear case of quid pro quo sexual harassment. The facts of the case are that in 2013, a student (“Complainant”) of Mass Communication and Journalism (“MCJ”) immediately on the next day after …
POSH at Work held an awareness session for the students of Sydenham College, Mumbai on 3rd February, 2017.
In the case of L. S. Sibu vs. Air India Limited and Others, the High Court of Kerala at Ernakulum, held on 8th April 2016 that: Referring to the case of Medha Kotwal Lele vs. Union of India, 2013(1) SCC 311, the Court held that the status of the Internal Complaints Committee (ICC) is deemed …
ICC Inquiry Report Cross Examination & More: High Court of Kerala Read More »
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 …
Guest Post: Appellate Authority imposed penalty of Rs.30 Lacs in sexual harassment case! Read More »
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 …
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 …
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 …
Inquiry Report of ICC binding on Employer & must be provided to Parties Read More »
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 …
One on One with Ms. Sharmila Kher on her Experiences as an External Member Read More »
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 …
Delhi High Court: What should ICC Remember while Inquiring into a Complaint? Read More »
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, …
Inaction on Complaints of Sexual Harassment & Retaliation Read More »
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 …
Children are like wet cement, whatever falls on them makes an impression. Gender socialization starts at an early stage and schools and colleges usually play a major role in such socialization which eventually contributes to the personality of a child. Hence, taking initiatives such as educating young minds to be equal and fair and teaching …
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 …
Local Complaints Committee (LCC) across all Indian States Read More »
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 …
The Act and the Rules on Sexual Harassment of Women at Workplace Read More »
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 …
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 …
DoPT OM of 16.07.2015 on Step Guide for Handling Sexual Harassment Complaints Read More »
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 …
DoPT OM of 05.05.2015 – Minutes of Chairpersons Meeting on 16.04.2015 Read More »
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 …
DoPT Corrigendum of 30.07.2015 regarding ‘Workplace’ Read More »
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 …
DoPT OM of 02.02.2016 on Filing of Appeals under Section 18 Read More »
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, …
DoPT OM of 09.09.2016 on Seniority of Chairperson of the ICC Read More »
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 …
DoPT OM of 14.07.2016 on Leave to the Aggrieved Woman Read More »
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 …
MWCD Department Circular of 27.10.2014 on Implementation of the Act and Rules Read More »
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 …
DoPT to Ministries/Departments On Implementation of the Act – 20.03.2015 Read More »
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. …
DoPT OM of 02.02.2015 regarding Annual Reports and other Reporting Requirements Read More »
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 …
Calcutta High Court on “Sexually Coloured Remarks” Read More »
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 …
Why should Colleges have internal complaints committee? Read More »
Recently, the Bombay High Court, in the case of Vidya Akhave vs. Union of India, Department of Women & Children and Ors., decided on 4th October, 2016, made an observation that: Very often women share common concerns which men do not necessarily share or the concern expressed by women have not been necessarily understood by men …
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 …
Filing Complaints Online & Monthly Submissions – An Amendment Expected? Read More »
The case of Linda Eastwood vs. Union of India and Ors., decided by the High Court of Delhi on 23rd December, 2015, is an important one as it discusses several issues in relation to constitution of an internal complaints committee, conduct of an inquiry and preparation of the inquiry report pursuant to the Act of …
In the case of Ranbir S. Arora vs. State, the High Court of Delhi, on 05.08.2014, held that even if there is a minor discrepancy in one version of the complaint qua the other it would definitely not make out a case for quashing the FIR and a criminal proceeding cannot be quashed even if …
Should FIR be quashed if departmental enquiry concluded? Read More »
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 …
Sexual Harassment : Proportionality of Punishment to Harasser Delhi HC Read More »
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 …
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 …
Case on transfer during pendency of a matter of sexual harassment Read More »