sexual

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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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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MCA: Mandatory Disclosure of Compliance in Annual Reports of Companies

On 29th November, 2017, the Economic Times had reported that “Companies will soon have to disclose whether they have constituted an internal complaints committee (ICC) on sexual harassment as the government is planning to amend its rules to make the move mandatory, Union Minister Maneka Gandhi said today. The measure will help the government monitor …

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Compliance is Important – One on One with Ms. Vrishali Pispati

Ms. Vrishali Pispati is the Chief Executive Officer of Mumbai Mobile Creches (MMC). MMC is a non-profit organization working with the children of migrant construction workers in Mumbai, Navi Mumbai and Thane for the last 45 years. MMC offers comprehensive day care facilities for the children of the migrants at the construction sites and empowers …

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“Hume Insaan Samjho” – One on One with API, Ms. Shubhada More

Ms. Shubhada More is a Science Graduate and a sports person and passed out from Y. C. Warana Mahavidyalaya. Thereafter she stood first in MPSC (Maharashtra Public Service Commission) exam. She has been working in the Police Department since 2009 and in the Crime Branch since 2012 in DCP (Enforcement). She has also been a …

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“Bol Ke Lab Azaad Hain Tere” – One on One with Ms. Swaroop Sampat

Ms. Swaroop Sampat, in her short stint in the TV and film industry has worked in very well-known TV serials such as “Yeh jo hai zindagi” and movies such as “Ki and Ka”. She  was also crowned Miss India in the year 1979, and this epitome of beauty with brains has also done her Ph.D. …

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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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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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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 …

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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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The Act and the Rules on Sexual Harassment of Women at Workplace

Sexual Harassment is the “behavioural execution of a defective, discriminating, imposing mentality to cause discomfort, shame and insult.” Sexual harassment of a woman in workplace is of serious concern to humanity on the whole. It cannot be construed to be in a narrow sense, as it may include sexual advances and other verbal or physical …

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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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DoPT OM of 16.07.2015 on Step Guide for Handling Sexual Harassment Complaints

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), published the Office Memorandum F. No. 11013/2/2014-Estt (A-III), dated 16th July, 2015 stating that a guide on “Steps for Conduct of Inquiry in complaints of Sexual Harassment” (“Step Guide”) has been formulated laying down …

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DoPT OM of 05.05.2015 – Minutes of Chairpersons Meeting on 16.04.2015

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), published the Office Memorandum F. No. 11013/2/2014-EsttA-III, dated 5th May, 2015 containing the minutes of the meeting of Chairpersons held on 16th April, 2015 to discuss the progress of implementation of the guidelines on …

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DoPT Corrigendum of 30.07.2015 regarding ‘Workplace’

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), by way of the corrigendum F. No. 11013/2/2014-Estt.A-Ill, dated 30th July, 2015 (“Corrigendum”) stated that it had prepared and circulated a step guide for conduct of the inquiry into complaints of sexual harassment vide Office …

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DoPT OM of 02.02.2016 on Filing of Appeals under Section 18

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), published the Office Memorandum F. No. 11012/0S/2016-Estt.A-III, dated 2nd June, 2016 regarding filing of appeals under Section 18 of the Sexual Harassment of Women at Workplace (Prevention, prohibition and Redressal) Act, 2013. This Office …

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DoPT OM of 09.09.2016 on Seniority of Chairperson of the ICC

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), published the Office Memorandum F. No. 11013/2/2014-Estt.A-III, dated 9th September, 2016 regarding the seniority of the Chairperson of Internal Complaints Committee (“ICC”) of an organization under the Sexual Harassment of Women at Workplace (Prevention, …

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DoPT OM of 14.07.2016 on Leave to the Aggrieved Woman

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), published the Office Memorandum No. 13026/2/2016-Estt. (L), dated 14th July, 2016 regarding grant of leave to the aggrieved woman during pendency of inquiry up to a period of three months in addition to the …

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