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A Clear Case of Quid Pro Quo Sexual Harassment

A Clear Case of Quid Pro Quo Sexual Harassment

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 ... 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
 
Inaction on Complaints of Sexual Harassment & Retaliation

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, ... Read More
 
The Act and the Rules on Sexual Harassment of Women at Workplace

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 ... Read More
 
MWCD Handbook on Sexual Harassment

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 ... 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 Corrigendum of 30.07.2015 regarding ‘Workplace’

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 ... 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
 

MWCD Department Circular of 27.10.2014 on Implementation of the Act and Rules

The Government of India through the Ministry of Women and Child Development, issued a Department Circular No. 19-8 2014-WW, dated 27th October, 2014 (“Department Circular”) regarding implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This Department Circular clarifies that ‘the Act casts an obligation upon all the organizations ... Read More
 

DoPT to Ministries/Departments On Implementation of the Act – 20.03.2015

The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), wrote to the Secretaries of all Ministries / Departments vide D. O. No. 11013/2/2014-Estt. (A-III), on 20th March, 2015 stating that it had been decided to convene a meeting with the Chairpersons of 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
 
Calcutta High Court on “Sexually Coloured Remarks”

Calcutta High Court on “Sexually Coloured Remarks”

In the case of Jishu Sengupta & Others vs. The State of West Bengal & Anr., decided by the High Court of Calcutta on 4th November, 2016, the Court held that statements with sexual connotations and sexual innuendos are “sexually coloured remarks” and fall within the definition of sexual harassment under Section 354A of the ... 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 by Bombay High Court

Guidelines for Employers by Bombay High Court

Recently, the Bombay High Court, in the case of Vidya Akhave vs. Union of India, Department of Women & Children and Ors., decided on 4th October, 2016, made an observation that: Very often women share common concerns which men do not necessarily share or the concern expressed by women have not been necessarily understood by men ... 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
 
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
 
POSH: Website for submission of annual reports

POSH: Website for submission of annual reports

The Times of India, on 18th August, 2015 reported that the administration of the district of Gurgaon has written to the state women and child development department requesting them to set up a website which would enable employers to submit an annual report with respect to cases of sexual harassment at workplace, in accordance with ... Read More
 
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