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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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Transgender Persons: Lockdown shows the Mirror

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, …

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

Section 16 of the Act

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

show-cause notice

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

solitary allegation of intemperate

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

Supreme Court on External Member of IC

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

Wrongful termination on sexual harassment

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

SC on application of service rules and termination of Respondent

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

Goa High Court on reconstitution of 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

Delhi High Court on Sexul 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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Delhi High Court upholds validity of transfer, pending an IC inquiry

Court upholds validity of transfer

Recently, in a judgment dated 1st July 2019, the Delhi High Court in the case of Dinesh Chandra Mishra v. Trilochan Mohapatra and Ors. held that that transfer of a respondent to any other workplace of the employer based on the recommendation of an internal committee, pending an inquiry, so to bring immediate relief to …

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

Kerala High Court on Inquiry

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

fine for not constituting an IC

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 for not constituting an IC on an employer for failing to comply with mandatory provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition …

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

karnataka high court on validity of second inquiry

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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