Courts

Karnataka High Court on clean chit by IC & filing of police complaint subsequently

clean chit by IC

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 …

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Gujarat High Court on validity of termination while sexual harassment is alleged

validity of termination while sexual harassment

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 …

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Provisions of law against sexual harassment at workplace are in addition to other laws

law against sexual harassment at workplace

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 an internal committee of an organization will be valid. (law against …

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High Court of Delhi & applicability of S. 354A of IPC to transgender community

Section 354A of IPC to transgender Community

On 17th December, 2018, a matter with respect to the applicability of Section 354A of IPC to transgender Community 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 of Delhi University and …

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High Court of New Delhi on biases and internal committee

High Court on biases and Internal Committee

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 …

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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 …

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External member does not only have to be independent but also must have expertise in issues related to sexual harassment

external member expertise on sexual harassment

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 …

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Indian High Courts on Suspension of Respondent during Pendency of Inquiry

Indian High Courts on Suspension of Respondent

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 …

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High Court of Delhi on Sexual Harassment and Defamation

sexual harassment and defamation

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, …

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A Clear Case of Quid Pro Quo Sexual Harassment

Case of Quid Pro Quo

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 …

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ICC Inquiry Report Cross Examination & More: High Court of Kerala

ICC inquiry report

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 …

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Appellate Authority imposed the penalty of Rs.30 Lacs in sexual harassment case!

appellate authority imposed penalty

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 …

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

inquiry report of ICC

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 …

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

What should ICC Remember while Inquiring

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 …

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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 …

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Guidelines for Employers by Bombay High Court

bombay high court

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 …

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Guidelines for Employers and ICC Members: DHC

Guidelines for Employers

The case of Linda Eastwood vs. Union of India and Ors., decided by the High Court of Delhi on 23rd December, 2015 i.e Guidelines for Employers and ICC Members, 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 …

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Should FIR be quashed if departmental enquiry concluded?

Should FIR be Quashed

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 …

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