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Indian High Courts on Suspension of Respondent during Pendency of Inquiry

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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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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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 …

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Calling of documents by police/court in a matter of sexual harassment

As has been recently reported by the Mumbai Mirror on 27th August, 2016, the Assistant Vice President of Human Resources for Max Life Insurance, Vijay Chaudhary, has been charged under Sections 354A and 509 of the Indian Penal Code for misbehaving and sexually harassing a former employee. As reported, it seems, Mr. Chaudhary was staring …

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Company to pay Rs. 1.68 crore as damages for sexual harassment – Madras HC

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“the Act”) was notified on 9th December, 2013. However, even after more than a year of coming into force, it appears from surveys and comments from the Ministry of Women and Child Development in various newspaper reports, that many organizations have still …

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