Archive For: Our reviews

Sexual Harassment at Workplace: The Contributors and Mute Spectators

Sexual Harassment at Workplace: The Contributors and Mute Spectators

The world suffers a lot. Not because of the violence of bad people, but because of the silence of good people – Napoleon Bonaparte When a person stands up against sexual harassment, they stand up for all others. The question is – do others stand up in their support? Unfortunately, in some cases, the answer ... Read More
 
Sexual Harassment: What does it really mean?

Sexual Harassment: What does it really mean?

The global anti sexual harassment movement, the #MeToo Movement saw manifestation in India when last year, former Miss. India and actress Tanushree Dutta in an interview, mentioned about how she was sexually harassed on the sets of the movie Horn Ok Please. One could ask – how did sexual harassment become such a global movement? ... Read More
 
Delhi High Court on validity of preliminary inquiries under CCS (CCA) Rules

Delhi High Court on validity of preliminary inquiries under CCS (CCA) Rules

The Delhi High Court on January 21, 2019, in the case of S.K. Tanwar v. Union of India, upheld the validity of a preliminary inquiry by an internal committee before conducting a final inquiry by a newly formed internal committee as per provisions of the Central Civil Services (Classification, Control & Appeal) Rules, 1965 (“Rules”). ... Read More
 
Injustice anywhere is a threat to justice everywhere

Injustice anywhere is a threat to justice everywhere

The Law against sexual harassment in India has evolved since laying down of the Vishaka Guidelines in the year 1997 by the Supreme Court to the enactment of the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, (“POSH Act”) in 2013. The Apex Court has in numerous judgments acknowledged the care ... Read More
 

Efforts taken by the Ministry of Women & Child Development

The Ministry of Women and Child Development has been very proactive and taking several measures to ensure that crime against women is reduced. It has taken the following measures till now: Larger funds allotted: On 21st December, 2017, the Press Information Bureau released a statement that fresh amount has been allocated under the Nirbhaya Fund. ... Read More
 

Some of the Stories that changed the way we are today as a nation

Before the 1980s, criminal sexual violence in India was only understood through rape. It was only in the 1980s when sexual violence (such as sexual harassment) also started getting recognized. Below are some of the case laws that have shaped our nation: In the case of Ram Das vs. State of West Bengal, AIR 1954 ... Read More
 

Examples of what may be Sexual Harassment

Below are some examples of different kinds of sexual harassment at workplace: [Disclaimer: Please note that these examples have been put together based on real life cases handled by us, incidents reported in media and judgments from courts. They do not reflect or denote incidents at any particular organization. Given the nature of the subject, ... Read More
 

What may not be Sexual Harassment

Below are some examples of what may not be sexual harassment at workplace (if there is no history, background or context of sexual harassment/behaviour): Any behaviour that is welcome and there is consent e.g.: Relationships or going on dates outside of work Workplace harassment, e.g.: giving back to back shifts, asking the person to do ... Read More
 

Provisions for men and other genders

As per law, a woman of any age whether employed or not can file a complaint. However, today several organizations have gender neutral policies as well. If that is the case in your organization, it would mean that all individuals, irrespective of their age, gender or employment status can file a complaint. These complaints may ... Read More
 
Does Section 377 of IPC have anything to do with Sexual Harassment at Workplace?

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 ... 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
 
Sexual Harassment Act : Anniversary Update (2)

Sexual Harassment Act : Anniversary Update (2)

Continued from the previous post ‘Sexual Harassment Act : Anniversary Update‘… Increase in the number of cases of sexual harassment: Further, Times of India,  recently reported that as most of the companies fail to comply with `Sexual Harassment Act 2013′ and take rare interest in establishing the mandatory Internal Complaints Committee, cases of workplace harassment ... Read More
 
Sexual Harassment Act : Anniversary Update

Sexual Harassment Act : Anniversary Update

The Sexual harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Sexual Harassment Act”), completed its second birth anniversary on 9th December, 2015. The following are the recent updates at the end of 2 years: The Ministry of Women and Child Development released a Handbook on the Act on the same day to clarify ... Read More
 
Men and women – and the Indian perspective

Men and women – and the Indian perspective

This blog is written mostly with the intent to fathom general opinion on: (1) The reasons that may be responsible for the rising number of sexual harassment complaints in India. Is it that the number of complaints have increased over the last few years because women have started getting sexually harassed more often? Or is ... Read More
 
Sexual Harassment Complaint and Character

Sexual Harassment Complaint and Character

Is character important in deciding a sexual harassment complaint? Is a woman supposed to be blamed if a man makes advances towards her? Should dressing up in western clothes be considered to be provocative dressing? In several cases, not just the alleged harasser but also the internal complaints committee (ICC) members raise a question (and ... Read More
 
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