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ICC Inquiry Report Cross Examination & More: High Court of Kerala

ICC Inquiry Report Cross Examination & More: High Court of Kerala

In the case of L. S. Sibu vs. Air India Limited and Others, the High Court of Kerala at Ernakulum, held on 8th April 2016 that: Referring to the case of Medha Kotwal Lele vs. Union of India, 2013(1) SCC 311, the Court held that the status of the Internal Complaints Committee (ICC) is deemed ... Read More
 
Inquiry Report of ICC binding on Employer & must be provided to Parties

Inquiry Report of ICC binding on Employer & must be provided to Parties

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

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 ... Read More
 
DoPT OM of 05.05.2015 – Minutes of Chairpersons Meeting on 16.04.2015

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 ... Read More
 
DoPT OM of 02.02.2016 on Filing of Appeals under Section 18

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 ... Read More
 
DoPT OM of 09.09.2016 on Seniority of Chairperson of the ICC

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, ... Read More
 
DoPT OM of 14.07.2016 on Leave to the Aggrieved Woman

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 ... Read More
 

DoPT OM of 02.02.2015 regarding Annual Reports and other Reporting Requirements

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. 11013/2/2014-Estt (A-III), dated 2nd February, 2015 in relation to the reporting requirements under the provisions of the Sexual Harassment of Women at Workplace (Prevention, prohibition and Redressal) Act, 2013. ... Read More
 
Why should Colleges have internal complaints committee?

Why should Colleges have 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 ... Read More
 

Guidelines for Employers and ICC Members : DHC

The case of Linda Eastwood vs. Union of India and Ors., decided by the High Court of Delhi on 23rd December, 2015, 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 inquiry report pursuant to the Act of ... Read More
 

Case on transfer during pendency of a matter of sexual harassment

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 ... Read More
 
Calling of documents by police/court in a matter of sexual harassment

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 ... Read More
 
Company to pay Rs. 1.68 crore as damages for sexual harassment – Madras HC

Company to pay Rs. 1.68 crore as damages for sexual harassment – Madras HC

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 ... Read More
 
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