court

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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A Clear Case of Quid Pro Quo Sexual Harassment

Case of Quid Pro Quo

On 24th June, 2016, the High Court of Gauhati 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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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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Case on transfer during pendency of a complaint of sexual harassment

pendency of a complaint

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

damages for sexual harassment

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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