Archive For: Our reviews

CONSENT IN EVERYDAY LIFE

CONSENT IN EVERYDAY LIFE

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 ... Read More
 
Transgender Persons: Lockdown shows the Mirror

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, ... 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

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

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 ... Read More
 
Online Communication and Sexual harassment at Workplace

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

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

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

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 ... Read More
 
Have A Noose, Need A Neck!

Have A Noose, Need A Neck!

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 ... Read More
 
Internal Committee: Most Common Questions on Constitution & Composition

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 ... Read More
 
Delhi High Court upholds validity of transfer, pending an IC inquiry

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

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

Madhya Pradesh High Court imposes a heavy 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 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”). ... Read More
 
Karnataka High Court on validity of second inquiry by an internal committee

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, ... Read More
 
Sexual Harassment at Workplace: The Contributors and Mute Spectators

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 ... Read More
 
Sexual Harassment: What does it really mean?

Sexual Harassment: What does it really mean?

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? ... Read More
 
Delhi High Court on filing of complaint after removal from job as afterthought

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”) ... Read More
 
Delhi High Court on validity of preliminary inquiries under CCS (CCA) Rules

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

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”). ... Read More
 
Injustice anywhere is a threat to justice everywhere

Injustice anywhere is a threat to justice everywhere

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 ... Read More
 

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. ... Read More
 

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 ... Read More
 

Examples of what may be Sexual Harassment

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, ... Read More
 

What may not be Sexual Harassment

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 ... Read More
 

Provisions for men and other genders

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

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 ... Read More
 
Inaction on Complaints of Sexual Harassment & Retaliation

Inaction on Complaints of Sexual Harassment & 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, ... Read More
 
Sexual Harassment Act : Anniversary Update (2)

Sexual Harassment Act : Anniversary Update (2)

Continued from the previous post ‘Sexual Harassment Act : Anniversary Update‘… Increase in the number of cases of sexual harassment: Further, Times of India,  recently reported that as most of the companies fail to comply with `Sexual Harassment Act 2013′ and take rare interest in establishing the mandatory Internal Complaints Committee, cases of workplace harassment ... Read More
 
Sexual Harassment Act : Anniversary Update

Sexual Harassment Act : Anniversary Update

The Sexual harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Sexual Harassment Act”), completed its second birth anniversary on 9th December, 2015. The following are the recent updates at the end of 2 years: The Ministry of Women and Child Development released a Handbook on the Act on the same day to clarify ... Read More
 
Men and women – and the Indian perspective

Men and women – and the Indian perspective

This blog is written mostly with the intent to fathom general opinion on: (1) The reasons that may be responsible for the rising number of sexual harassment complaints in India. Is it that the number of complaints have increased over the last few years because women have started getting sexually harassed more often? Or is ... Read More
 
Sexual Harassment Complaint and Character

Sexual Harassment Complaint and Character

Is character important in deciding a sexual harassment complaint? Is a woman supposed to be blamed if a man makes advances towards her? Should dressing up in western clothes be considered to be provocative dressing? In several cases, not just the alleged harasser but also the internal complaints committee (ICC) members raise a question (and ... Read More
 
Top