2016

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 …

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

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 …

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

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 …

Calcutta High Court on “Sexually Coloured Remarks” Read More »

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 …

Sexual Harassment : Proportionality of Punishment to Harasser Delhi HC Read More »

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 …

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

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 …

Case on transfer during pendency of a matter of sexual harassment Read More »