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AMU research scholar accuses professor of sexual harassment, FIR lodged

5/29/2023

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Assistant Superintendent of Police, Aligarh, said an investigation into the case is underway. No one has been arrested so far.

A PhD student at Aligarh Muslim University (AMU) has accused a professor of sexually harassing her.

A PhD student at Aligarh Muslim University (AMU) has accused a professor of sexually harassing her. The police said an FIR has been lodged against the professor under Indian Penal Code (IPC) section 354 (assault or criminal force to a woman with intent to outrage her modesty) after the woman lodged a complaint Saturday.

Puneet Dwivedi, Assistant Superintendent of Police, Aligarh, said an investigation into the case is underway. No one has been arrested so far.

According to the police, the victim, 29, has said in her complaint she gave PhD pre-submission six months ago and that no comments were provided by the supervisor and other faculty members of the department.

“She alleged that she has been trying to convince her supervisor for the last six months but he kept refusing because she had been regularly rejecting his (accused) attempt of sexual advances and overtures,” it added.

For more details kindly click the below link:
https://indianexpress.com/article/cities/lucknow/aligarh-muslim-university-scholar-accuses-professor-of-sexual-harassment-8634714/

By: Express News Service

Courtesy:
The Indian Express
May 29, 2023

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Sexual harassment panels: NHRC notice to sports bodies, ministry

5/27/2023

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Giving the federations four weeks to submit detailed reports, the NHRC said non-compliance of the PoSH law was a “matter of concern” which could “impact the legal right and dignity of sportspersons”.
Taking suo motu cognizance of The Indian Express report highlighting non-compliance of provisions under the Prevention of Sexual Harassment (PoSH) law by national sports federations, the National Human Rights Commission (NHRC) on Thursday issued notices to the erring sports bodies along with the Ministry of Youth Affairs and Sports.

Last month, the MC Mary Kom-led committee formed by the government that looked into allegations of sexual harassment by some of the nation’s top wrestlers against Wrestling Federation of India chief and BJP MP Brij Bhushan Sharan Singh pointed out the absence of an Internal Complaints Committee (ICC), as mandated by the 2013 PoSH Act.

On May 4, an investigation report by The Indian Express revealed that the wrestling body wasn’t the only one violating the law. Sixteen out of 30 sports federations — of disciplines in which India has participated in the 2018 Asian Games, the Tokyo Olympics in 2021 and last year’s Commonwealth Games — did not have a fully-compliant ICC.

According to the law, the ICC needs to have a minimum of four members – at least half of them women – of whom one shall be an external member, preferably from an NGO or an association that works for women’s empowerment or a person familiar with issues related to sexual harassment, like a lawyer.

For more details kindly click the below link:
https://indianexpress.com/article/sports/sport-others/sexual-harassment-panels-nhrc-notice-to-sports-bodies-ministry-8604777/

By: Express News Service

Courtesy:
The Indian Express
May 12, 2023

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BCCI moves to comply with PoSH laws, meeting called to ratify IC panel

5/25/2023

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The BCCI has called a special general body meeting on May 27 in Ahmedabad and in its five-point agenda, secretary Jay Shah has included “Ratification of Prevention of Sexual harassment policy.”
In 2021, the Indian board had decided that its officials, players and contracted individuals will come under POSH guidelines. However, it didn't have any committee to look into allegations.

A few days after the National Human Rights Commission (NHRC) issued a notice to the Board of Control for Cricket in India (BCCI) for non-compliance with the Prevention of Sexual Harassment (PoSH) Act, the Indian board has now decided to act on this missing piece of legislation.

The BCCI has called a special general body meeting on May 27 in Ahmedabad and in its five-point agenda, secretary Jay Shah has included “Ratification of Prevention of Sexual harassment policy.”


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Gaps in PoSH enforcement, must secure women’s work space: SC

5/24/2023

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Flags report (in The Indian Express); asks Govt, employers to ensure compliance

A bench of Justices A S Bopanna and Hima Kohli was deciding an appeal filed by Aureliano Fernandes, a former Head of the Department of Political Science at the Goa University, against the Bombay High Court order upholding his dismissal from service on sexual harassment charges. File

Stating that “it is disquieting to note that there are serious lapses in the enforcement” of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, popularly known as PoSH Act, almost a decade into its enactment, the Supreme Court Friday issued a slew of directions to ensure its effective implementation.

A bench of Justices A S Bopanna and Hima Kohli was deciding an appeal filed by Aureliano Fernandes, a former Head of the Department of Political Science at the Goa University, against the Bombay High Court order upholding his dismissal from service on sexual harassment charges.

Allowing the appeal by Fernandes and sending the matter back to the Complaints Committee, the court flagged the report in a “national daily newspaper” that 16 of the 30 national sports federations don’t have an Internal Complaints Committee as stipulated under PoSH.

Incidentally, an investigation by The Indian Express on May 4 had revealed that half of the national sports federations don’t have sexual harassment panels as per law.

The Indian Express had found that five federations, including wrestling, don’t have an ICC; four don’t have the stipulated number of members; another six lacked the mandatory external member and one federation had two panels but none with an independent member.

For more details kindly click the below link:

https://indianexpress.com/article/india/gaps-in-posh-enforcement-must-secure-womens-work-space-sc-8606429/

Written by Ananthakrishnan G

Courtesy: The Indian Express
May 13, 2023

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Explained | What is the PoSH Act and why has the Supreme Court flagged lapses in its implementation?

5/22/2023

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The Supreme Court has flagged “serious lapses” in the implementation of the ten-year-old PoSH Act to protect women from sexual harassment in workplaces, calling for its robust and efficient implementation 
The story so far: Ten years after the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH) came into force, the Supreme Court Bench of India has said there are “serious lapses” and “uncertainty” regarding its implementation, issuing directions to the Union, States, and Union Territories to verify if all government bodies had formed Internal Complaint Committees and to ensure that the composition of such panels is in strict adherence with the Act. 

In 1992, Bhanwari Devi, a social worker with the Women’s Development Project of the Rajasthan government was gang-raped by five men after she tried to prevent the marriage of a one-year-old girl. While hearing pleas filed by activist groups against the crime, the SC, noting the absence of any law “enacted to provide for effective enforcement of the basic human right of gender equality” guarantee against “sexual harassment at workplaces”, laid down a set of guidelines in 1997, christened the Vishakha Guidelines, to fill the statutory vacuum till a law could be enacted. These were to be “strictly observed in all workplaces” and were binding and enforceable in law. The Court drew its strength from several provisions of the Constitution including Article 15 (against discrimination on grounds only of religion, race, caste, sex, and place of birth), also drawing from relevant International Conventions and norms such as the General Recommendations of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which India ratified in 1993.

For more details kindly click the below link:
https://www.thehindu.com/news/national/explained-the-indian-law-on-sexual-harassment-in-the-workplace/article66854968.ece


Courtesy:
The Hindu
May 15, 2023

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Ensure ICCs Are Constituted Under POSH Act : Supreme Court To All Govts, Statutory Professional Bodies, Universities Etc

5/17/2023

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In a significant judgement, the Supreme Court of India has issued a slew of directions for the proper implementation of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 [POSH Act] all over the country.

The Act was enacted with the aim to protect women from sexual harassment at workplaces.

The Court has directed the Union Government, State Governments and Union Territories to verify if all the Ministries, Departments, other government bodies have constituted committees where the victims of sexual harassment can lodge their complaints.

Also Read - Referral Court Has Duty To Conclusively Decide Issue Of ‘Existence & Validity Of Arbitration Agreement’ Raised At Pre-Referral Stage : Supreme court

Notably, the Court has also directed that statutory bodies of professionals such as the Bar Council of India, National Medical Commission, Institute of of Chartered Accountants of India, also constitute such bodies.

A Bench of Justices AS Bopanna and Hima Kohli was considering an appeal plea challenging a Bombay High Court judgement which accepted the report of of the Standing Committee (under the POSH Act) and dismissed the appellant from services and future employment.

For more details kindly click the below link:
https://www.livelaw.in/supreme-court/supreme-court-directions-posh-act-sexual-harassment-workplace-228580

Courtesy:
LiveLaw
12 May 2023
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Supreme Court flags ‘serious lapses’ in implementation of Protection of Women from Sexual Harassment Act

5/13/2023

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SC gives eight weeks for government Ministries, bodies to comply with mandates of the 2013 Act.

The Supreme Court on May 12, in a judgment, said there are “serious lapses” and “uncertainty” in the implementation of the Protection of Women from Sexual Harassment (PoSH) Act, leaving many working women no choice but to leave their jobs.
​

A Bench of Justices A.S. Bopanna and Hima Kohli, in a 62-page judgment, said the “sorry state of affairs” concerning the anti-sexual harassment at workplace law even after a decade of its introduction was “disquieting”, and it was time for the Centre and States to take affirmative action.

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The PoSH Act, and the procedure for complaint against sexual harassment at the workplace

5/11/2023

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The PoSH Act was passed in 2013. It defined sexual harassment, lay down the procedures for complaint and inquiry, and the action to be taken in cases of sexual harassment.
The PoSH Act mandates that every employer must constitute an Internal Complaints Committee (ICC) at each office or branch that has 10 or more employees. It defines various aspects of sexual harassment, and lays down procedures for action in case of a complaint. (Representational/File)

An investigation published on Thursday (May 4) in The Indian Express revealed that more than half — 16 — of India’s 30 national sports federations do not have an Internal Complaints Committee (ICC), a legal requirement under the Prevention of Sexual Harassment (PoSH) Act, 2013.

For more details kindly click the below link:
https://indianexpress.com/article/explained/explained-law/posh-act-sexual-harassment-workplace-8591018/

Courtesy:
The Indian Express
04-05-2023


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