POSH at Work

Experts discuss an effective mechanism to prevent Sexual Harassment at Workplace

“Every organisation must have an action plan and checklist to include standing orders, ethics policy, preventive steps, comprehensive awareness mechanism, penal consequences of sexual harassment, anti – sexual harassment drive, grievance redressal, complaint procedure, expected time taken to resolve and other elements to effectively address prevention of sexual harassment at workplace,” said Mr. Vinay Kirloskar, …

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Karnataka Government Inspection on POSH Compliance

Karnataka POSH Compliance

This is with respect to an Order of Karnataka State Commission for Women dated 25th Nov 2020 regarding inspection about constitution of internal committee (“IC”) in Government / Private Sectors organizations as per POSH Act. In line with POSH Act, this Order states that all organisations that have of 10 or more employees must mandatorily …

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Delhi High Court states that Internal Committee cannot do Moral Policing

Recently, in a judgment dated 16th December 2020, the Delhi High Court, in the case of Bibha Pandey vs Punjab National Bank and Ors. stated that, “Moral Policing is not the job of the Management or of the IC.” In this case, a complaint of sexual harassment was filed with the IC of Punjab National …

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Respondent can be of the same gender as the Complainant

In the case of Malabika Bhattacharjee vs. Internal Complaints Committee, Vivekananda College and Ors., Calcutta High Court, decided on 27th November, 2020, the question that arose for consideration was whether a complaint filed against a ‘Respondent’ who is of the same gender as the Complainant is valid. In this case, the gender of the complainant …

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Delhi High Court on sending sexually coloured messages

sexually coloured messages

In a judgment dated 27th September 2017, the Delhi High Court in the case of Jahid Ali vs Union of India,. upheld the dismissal of the Petitioner on the ground that Petitioner had sent sexually coloured messages to his Superior Lady Officer. FACTS: The Petitioner, aged about 29 years, was appointed as Constable(Nursing Orderly) in …

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Delhi High Court on compulsory retirement and ‘welcome’ sexual advances

compulsory retirement

In a judgement dated 25th November, 2019, the Delhi High Court in the case of Ajay Tiwary vs University of Delhi & Ors. upheld the compulsory retirement of the Petitioner and rejected the Petitioner’s contention that it would not be an act of sexual harassment if the student had allegedly consented to any acts. FACTS: …

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Certificate Workshop for Expertise on POSH – 6th and 7th November 2020

TIME TOPIC METHODOLOGY 6th November, 2020 10:00am – 11:00am INTRODUCTION TO LAW Introduction to the Law Understanding Employer’s responsibilities under Law, its importance & consequences of non-compliance Composition, appointment, removal & term of office of Internal Committee (IC) – Do’s & Don’ts The importance of following process prescribed by Law Role of IC members & …

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Changes made in final Transgender Persons (Protection of Rights) Rules, 2020

Transgender persons rules

The Transgender Persons (Protection of Rights) Rules, 2020 were notified on 25th September, 2020. Here are the provisions and the changes compared to the draft rules circulated earlier: Application for issue of certificate of identity: While the draft rules earlier stated that applications for issue of certificate of identity may also be made online, the …

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Invitation 9th Oct 2020 Employee Session

Greetings from POSH at Work!!Complaints of sexual harassment are being filed even in these changed circumstances. This is because of several reasons such as – lack of awareness about the term ‘workplace,’ the fact that it applies to remote working and that inappropriate behaviour will not be tolerated irrespective of the location from which employees …

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Himachal Pradesh High Court on Transfer of Complainant pending inquiry and Retaliation

Transfer of Complainant pending inquiry

In a Nutshell: The Himachal Pradesh High Court, in the case of Sunita Kumari Vs. State of Himachal Pradesh decided on 10th September, 2020, dismissed Petitioner’s Petition which alleged that she was transferred from her posting as retaliation because she had filed a sexual harassment complaint FACTS: The Petitioner was serving as a Health officer …

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‘Love’ – A Right of Every Human Being irrespective of Biological Sex, Gender Identity or Sexual Orientation

Law is a reflection of current social values or norms. Social norms undergo change with time and law keeps abreast with the same. Courts recognize these changes and rule on the same. The oft quoted maxim – love knows no bounds has expanded its bounds to include same sex relationships. Savitri Ratho, J. In a …

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Kerala High Court on Transfer of Respondent pending inquiry into Sexual Harassment complaint

In a Nutshell: Kerala High Court, in the case of Saikuttan O.N. vs Kerela State Electricity Board decided on 11th August, 2020 dismissed Petitioner’s Petition challenging the transfer order during pendency of sexual harassment complaint against him. FACTS: The Petitioner worked as a Driver Grade – I at Electrical Division, Cherthala for Kerala State Electricity …

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Kerala High Court decides on Online Sexual Harassment, Cyber Bullying & More

Online Sexual Harassment

In a nutshell: Kerala High Court, in the case of Majeesh K Matthew. vs State of Kerala and Ors decided on 20th June, 2018, rejected the Bail application of accused for posting comments in their Facebook pages making scurrilous comments against the complainant along with pictures of her with her husband making her the subject …

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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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High Court of Kerala on Consent and Sexual Activity

Consent and Sexual Activity

In a Nutshell: Kerala High Court, in the case of Thankappan P.K. vs State of Kerala and Ors decided on 29th June, 2020, upheld the conviction of a rape accused and made specific observations regarding what constitutes as ‘Consent’ and held that surrender can never be perceived as consensual acts of sexual intercourse and consent …

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