complaint

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 …

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

One on One with Ms. Sharmila Kher on her Experiences as an External Member

This weekend we got a chance to interact with Ms. Sharmila Kher and seek her views (generally as someone who has been working for a decade for the rights of women and children and as an external member of the internal complaints committee of several organizations) on several facets of the law against sexual harassment …

One on One with Ms. Sharmila Kher on her Experiences as an External Member Read More »

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, …

Inaction on Complaints of Sexual Harassment & Retaliation Read More »

MWCD Handbook on Sexual Harassment

MWCD Handbook on Sexual harassment

The Ministry of Women and Child Development, with respect to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“the Act”), which turned two on 9th December, issued, on the same day, a ‘Handbook’ on the Act (“Handbook”) which, inter alia, states the following: Every woman has right to safe workplace: The Act recognizes the right …

MWCD Handbook on Sexual Harassment 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?

complainant ask information 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 »

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 …

Sexual Harassment Complaint and Character Read More »