In its recent judgment, the High Court of Madras has turned down the plea for quashing sexual harassment proceedings against a Zoology professor at Madras Christian College (MCC). Facts of the case In the month of January 2019, MCC arragned a study tour for the students of Zoology Department. 42 students were accompanied by seven… Continue reading MCC sexual harassment case: HC refuses to quash ICC proceedings
Category: Legal Updates
Karnataka HC dismisses ICC probe as “faulty”: IISc professor absolved of sexual harassment
The Karnataka High Court has set aside the punitive action taken by the Indian Institute of Science (IISc), Bengaluru against a professor accused of sexual harassment by a student at the Institute. Apart from losing one of its senior faculty, the IISc faced an additional blow, the High Court directed the authorities concerned to reassess… Continue reading Karnataka HC dismisses ICC probe as “faulty”: IISc professor absolved of sexual harassment
How repealing Article 370 impacts the POSH Act
Yesterday, the Modi government, within a mere 100 days of its second term, wrote history by repealing the special status the state of Jammu and Kashmir previously enjoyed. The central government also split the sensitive border into two Union Territories of J&K and Ladakh, both of which would be governed centrally. The headlines deliberate the… Continue reading How repealing Article 370 impacts the POSH Act
Casual touch doesn’t amount to harassment says Bombay High Court
The Aurangabad bench of the Bombay High Court in Avinash Prabhakar Chandra and Others v. The State of Maharastra and Others has held that casual touch by a colleague does not constitute the offense of outraging modesty of a woman. The division bench comprising of Justice TV Nalawade and Justice KK Sonawane quashed an FIR filed against the… Continue reading Casual touch doesn’t amount to harassment says Bombay High Court
Cross-Examination of witnesses cannot be denied to the accused: Delhi High Court
Citation: Avinash Mishra v Union of India (Delhi High Court, 2014 (215) DLT 714) Highlights: The procedure adopted in arriving at a finding has to be fair and materials have to be considered in a fair, reasonable and dispassionate manner. Cross-examination ought not to be denied. Facts: The petitioner was accused of sexual harassment by… Continue reading Cross-Examination of witnesses cannot be denied to the accused: Delhi High Court
Court will not interfere unless the order of the ICC is shockingly disproportionate to the Act of the delinquent employee: Bombay High Court
Citation: Vidya Akhave v. Union of India and Ors. (Bombay High Court WP No. 196 of 2015) Highlights: Court will not interfere in the punishment imposed by the ICC unless the order of the ICC is “shockingly disproportionate to the Act of the delinquent employee”. The Court was of the view that apart from displaying the… Continue reading Court will not interfere unless the order of the ICC is shockingly disproportionate to the Act of the delinquent employee: Bombay High Court
Bombay HC: ICC Can Only Deliver Justice When Constituted As Per The SC On Vishaka Case
[responsivevoice_button] Case: Citation: Jaya Kodate v. Rashtrasant Tukdoji Maharaj Nagpur University (Bombay High Court WP 3449, 3450, 3451 of 2013) Highlights: The Court laid down that during the constitution of the ICC, the members chosen ought to be committed to the cause of women or should have experience in social work or have legal knowledge.… Continue reading Bombay HC: ICC Can Only Deliver Justice When Constituted As Per The SC On Vishaka Case
ICC reports shall substantiate their findings with a definitive conclusion by drawing a nexus between the alleged facts and the decision derived: Delhi High Court
Citation: Ashok Kumar Singh v. University of Delhi (Delhi High Court WP 7371 of 2016) Highlights: Where the report of the ICC states that the case has substance, it is also required for them to clarify the same, failing which, they would be ordered to draft new ones. Satisfactory reasons are to be given for having… Continue reading ICC reports shall substantiate their findings with a definitive conclusion by drawing a nexus between the alleged facts and the decision derived: Delhi High Court
ICC proceedings cannot be challenged during interim stages of inquiry. The aggrieved shall have a right to challenge the ICC decisions only after the proceeding has concluded: Delhi High Court
Citation: Shashi Bala v SBM Secondary School (Delhi High Court WP 706 of 2014) Highlights: During the interim stage of the complaint, prior to the finding of any conclusions, no challenge is to be made against the findings in such a case. Facts: The petitioner in this case filed the petition in order to challenge the… Continue reading ICC proceedings cannot be challenged during interim stages of inquiry. The aggrieved shall have a right to challenge the ICC decisions only after the proceeding has concluded: Delhi High Court
An inquiry is considered to be final, only when the inquiry has been conducted by an ICC constituted in pursuance to the Vishaka guidelines: Gujarat High Court
Citation: Sunil Manuprasad Jani v. High Court of Gujarat and Ors. (Gujarat High Court Special Civil Application 14566 of 2015) Highlights: The Court held that the inquiry conducted by the appropriate body can only be held to be final when it adheres to the procedure established. Facts: The petitioner was against a second inquiry being conducted… Continue reading An inquiry is considered to be final, only when the inquiry has been conducted by an ICC constituted in pursuance to the Vishaka guidelines: Gujarat High Court
