Category: Legal Updates

As of 21 March, 2020, a map on the Centers for Disease Control and Prevention website shows a grim picture of the world in the throes of the COVID19 pandemic. The effects of the pandemic will not be felt by all equally – people’s experiences will be marked by class, caste and gender differences, among… Continue reading Sexual Harassment Laws Apply Even When You’re Working From Home

Written by: Pallavi Pareek In its five years of implementation, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, has provided fascinating insights into how Indian workplaces manage, control, and often ignore gender-based conflicts. This relatively new piece of legislation has ample room for improvement. Like any other law, its jargonistic… Continue reading PoSH Act: 11 Key Notes From Judgments In Sexual Harassment Cases Since 2013

The Delhi High Court, in Anita Suresh v. Union of India & Ors. recently imposed a fine of Rs. 50,000 on a woman who had filed a complaint of workplace sexual harassment but was unable to prove any evidence or witnesses to substantiate her case. Such a hefty amount of fine clearly indicates that the case had… Continue reading High Court imposed hefty cost of Rs. 50,000 on woman for false complaint of sexual harassment

The Supreme Court recently agreed to examine whether high courts have the power to transfer workplace sexual harassment investigation the inquiry to another state, especially the ones pending with internal complaints committee (ICC) along with a criminal case lodged with the police related to the incident.  Justices Indu Malhotra and R Subhash Reddy were hearing… Continue reading SC to review if HCs can transfer workplace sexual harassment investigation to another state

In the recent judgment of Mrs. Arvinder Bagga & Ors. v. Local Complaints Committee, District Indore & Ors., W.P. No. 22314 of 2017 the Indore Bench of Madhya Pradesh High Court has slapped a penalty of Rs. 50,000 on the Medanta Hospital, Indore for not having the Internal Complaints Committee(ICC). Constituting an Internal Complaints Committee is… Continue reading High Court slaps a penalty of INR 50,000 on Medanta Hospital for not having an Internal Complaints Committee

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

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 

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

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

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