employer

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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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, …

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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 …

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Why should Colleges have internal complaints committee?

internal complaints committee

The Times of India, in its Article titled ‘Do Anti-Harassment Cell exist?’ recently reported that an incident involving the rape of an engineering college student by her college mates and another one where a student was subjected to sexual assault, have raised grave safety concerns among the student fraternity. It reported that though colleges have anti …

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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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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 …

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