|
MUMBAI: Bombay high court said on Monday that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 will not apply to complaints by advocates to bar councils as there is no employer-employee relationship between them.
Hearing a petition seeking direction to bar councils to set up committees to address sexual harassment complaints against advocates, a bench of Chief Justice Alok Aradhe and Justice Sandeep Marne said POSH Act will apply to cases where there is an employer-employee relationship, and bar councils cannot be said to be "employer of advocates".
4 Comments
Madurai: Madras high court has denied relief to a section superintendent in the district police office in Madurai district, who challenged the disciplinary proceedings initiated against him based on a sexual harassment complaint by two women staff. The court directed the inquiry officer to give his findings independently, uninfluenced by the rank or designation of the persons providing evidence.
The court was hearing the petition filed by G Thirupathi Prabhakar. Two women staff lodged a complaint stating that the petitioner sexually harassed them. Based on their complaints, an internal committee was constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The committee conducted an inquiry and found that the allegations against the petitioner were prima facie made out and submitted its report to the head of the department. Facts of the Case:
The petitioner, a constable in Rajasthan, challenged the charge-sheet issued against him on 12th June 2024 under Rule 16 of the Rajasthan Civil Services (Classification, Control, and Appeal) Rules, 1958. The charge-sheet accused him of negligence in conducting an enquiry related to a complaint. The petitioner contended that a preliminary enquiry conducted previously did not implicate him and sought the quashing of the charge-sheet on the grounds that the allegations were baseless. Court’s Observation: Justice Anoop Kumar Dhand observed that the validity of the charge-sheet and the allegations of negligence could only be determined after the petitioner submits his defense and presents adequate evidence before the Inquiry Officer or Disciplinary Authority. The court emphasized that it cannot intervene in the charge-sheet process at this early stage, as doing so would interfere with the functioning of the disciplinary proceedings. “On the question, whether there was negligence on the part of the petitioner or not, the petitioner can put his defence by way of filing his reply and producing adequate evidence in support of his defence. In any case, this Court cannot act as an Inquiry Officer or Disciplinary Authority to adjudicate the correctness of the allegations.” The Madras High Court has firmly held that any unwelcome actions or words causing discomfort to women at the workplace constitute sexual harassment under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act). Justice R.N. Manjula, delivering the judgment, quashed a Labour Court order that had set aside findings of an Internal Complaints Committee (ICC) in a case involving complaints of sexual harassment in a corporate environment.
Background of the Case The case involved allegations of inappropriate behavior by a senior employee against multiple female colleagues. Complaints included unwelcome physical gestures, intrusive questions, and remarks that caused the complainants discomfort and embarrassment. The allegations were investigated by the ICC, which found that the accused had violated workplace conduct standards and recommended several corrective measures, including: 1. Issuing a final warning. 2. Removing the accused from supervisory roles. 3. Limiting his assignments to domestic locations. 4. Suspending pay raises and related benefits for two years. For more details kindly click the below link: https://lawtrend.in/unwelcome-acts-or-words-making-women-uncomfortable-at-work-constitute-sexual-harassment-madras-high-court/ Courtesy: Law Trend 23 January 2025 Join Our Posh LinkedIn page: https://www.linkedin.com/showcase/prevention-of-sexual-harassment-at-workplace-posh/?viewAsMember=true Follow PoSH at Work WhatsApp Channel by clicking the below link: https://whatsapp.com/channel/0029Va9OMCUCxoB4LQG1aV3A According to sources, the female guard has alleged that the chief security officer sexually harassed her and hurled casteist remarks when she went to meet him regarding her duty roster.
Representative image where the words 'Stop violence against women' can be seen Credit: iStock Photo New Delhi: A female guard at AIIMS-Delhi has accused its chief security officer of sexual harassment and caste discrimination, prompting the premier medical institute to initiate a probe into the allegations. Ola driver is employee, POSH Act applicable: Karnataka High Court on Sexual Harassment Case10/2/2024 The petitioner woman had questioned the stand taken by the Internal Complaint Committee (ICC) of ANI Technologies Pvt. Ltd (Ola) not taking action against the driver as laid down under the PoSH Act. Bengaluru: In a significant judgment, the Karnataka High Court has held that under the provisions of the Sexual Harassment of Women at Work place (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act), a driver-subscriber is an ‘employee’ of the transport aggregator, Ola in the instant case.
Justice M G S Kamal passed this order while partly allowing the petition filed by a Bengaluru woman, who was harassed by a driver under the Ola platform. The petitioner woman had questioned the stand taken by the Internal Complaint Committee (ICC) oof ANI Technologies Pvt. Ltd (Ola) not taking action against the driver as laid down under the PoSH Act. Speaking to TNIE, a top official said that the two issues of tackling sexual harassment and drug menace were discussed in detail in a meeting chaired by Chief Secretary N Muruganandam. CHENNAI: The Tamil Nadu government on Monday directed all higher education institutes to ensure compliance under the Prevention of Sexual Harassment (POSH) Act and take proactive measures to tackle drug menace on campuses.
The instructions were given during a meeting chaired by Chief Secretary N Muruganandam, in the presence of DGP Shankar Jiwal, other senior police officers and secretaries of various departments, in the wake of the raids by Tambaram police on apartments near a private college in Potheri on Saturday, the sexual harassment incident at NIT-Tiruchy last week, and the child sexual abuse cases at a fake NCC camp in Krishnagiri district last month. Speaking to TNIE, a top official said that the two issues of tackling sexual harassment and drug menace were discussed in detail. The court of Additional Chief Judicial Magistrate Rahul Garg also dismissed the discharge application filed by Singh, the complainant's counsel Deepanshu Bansal said.
Chandigarh: A court on Monday framed charges against former Haryana minister and BJP leader Sandeep Singh in an alleged sexual harassment case registered on the complaint of a junior woman coach. The court of Additional Chief Judicial Magistrate Rahul Garg also dismissed the the discharge application filed by Singh, the complainant's counsel Deepanshu Bansal said. The charges have been framed against Singh under Indian Penal Code sections 354 (assault or use of criminal force against a woman with intent to outrage her modesty), 354A (sexual harassment), 354B (assault or criminal force with intent to disrobe), ... 506 (criminal intimidation) and 509 (word, gesture or act intended to insult the modesty of woman), Bansal said. The accused, a resident of Sakinaka, has been booked under Sections 74 (molestation), 75 (sexual harassment) and 76 (use of criminal force to woman with intent to disrobe) of Bhartiya Nyay Sanhita (BNS). No arrest has been made in the case yet.
A man working for an Andheri-based private finance company has been booked for allegedly molesting a 24-year-old employee working in the same firm during an office outing in Kondeshwar, Badlapur. In its recent judgment in Aureliano Fernandes vs. State of Goa and Others, the Supreme Court of India, observed that even after a decade of the prevention of sexual harassment law being formulated – the implementation and enforcement is still inadequate. Lack of procedural awareness; lack of confidence in the process and outcome; lack of strict adherence to the enforcement regime and other practical challenges are the main reasons. 'However salutary this enactment may be, it will never succeed i in providing dignity and respect that women deserve at the workplace unless there is strict adherence to the enforcement regime and a proactive approach by all State and non-State actors' the Court observed.
The court said when a plea is taken of false implication for extraneous reasons, the courts have a duty to make deeper scrutiny of the evidence and decide acceptability or otherwise of the accusations, in order to separate the chaff from the grain.
New Delhi: The Supreme Court on Monday said a deeper scrutiny of charges of sexual harassment at workplace is to be undertaken when a plea of false accusation is made as the charge of this nature is very easy to make and very difficult to rebut. On its part, the company’s chief human resource officer has said an investigation into the case will be taken up on priority and that the company will arrive at a fair conclusion. A male employee of a Bengaluru-based mobile marketing company has accused one of the product managers of the organisation of sexual harassment at ‘workplace’. The victim, an intern in the company, has shared an email addressed to the management of the company about the details of the incident on X, which has now gone viral.
On its part, the company’s chief human resource officer has said an investigation into the case will be taken up on priority and that the company will arrive at a fair conclusion in less than the legal timeline for such matters. While dealing with a case of sexual harassment of a woman air force personnel by another air force personnel, the Madras High Court directed the Centre Government to ensure that a proper Internal Complaints Committee existed in the Armed Forces in compliance with the Prevention of Sexual Harassment at Work Act. The court also directed the Central Government to sensitise the armed personnel by imparting gender-sensitive awareness training to achieve the objectives of the legislation.
Also Read - Madras High Court Chief Justice Assured Portraits Of BR Ambedkar Will Not Be Removed From Courts: Tamil Nadu Govt And the Central Government is directed to ensure the proper existence of Internal Complaints Committee in the Armed Forces in accordance with the mandates of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 and to sensitise the armed personnel imparting gender sensitive awareness training to achieve its objectives. Consequently, connected miscellaneous petition is closed,” the court directed. The Calcutta High Court has recently held that the actions of an accused under the Prevention of Sexual Harassment in the Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”), in being party to an appraisal report of the complainant thereunder, “vitiates and makes a mockery of the entire process.”
In hearing a contempt application filed by the complainant/petitioner against the accused, his company and its agents, a single-bench of Justice Moushumi Bhattacharya directed the respondents/contemnors to prove that they had not been in “contumacious violation” of the Court’s orders, and that the impugned appraisal report was unconnected to the charges under the POSH Act, invoked by the petitioner against the accused/contemnor no 5. It was held: For more details kindly click the below link: https://www.livelaw.in/high-court/calcutta-high-court/calcutta-high-court-posh-workplace-sexual-harassment-accused-participation-appraisal-complainant-232651 Courtesy: LiveLaw July 13, 2023 Join Our HR WhatsApp Group: https://lnkd.in/gpyaXnk4 Join Our Posh LinkedIn page: https://www.linkedin.com/showcase/prevention-of-sexual-harassment-at-workplace-posh/?viewAsMember=true The court said equalising of sexes in every aspect of life is a constitutional imperative and the working environment is required to be as safe and secure for women. The Delhi High Court has held that there is "absolutely nothing" that limits the scope of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (SHW Act) to cases where a woman employee is sexually harassed by ...
The court said equalising of sexes in every aspect of life is a constitutional imperative and the working environment is required to be as safe and secure for women as it is for men. "Even an apprehension, by a woman, that her safety might be compromised or endangered in the workplace is, therefore, abhorrent to our constitutional ethos," it said. Panaji: To fulfil the promise that the Prevention of Sexual Harassment at the Workplace (POSH) Act holds out to working women all over the country, the Supreme Court has directed the Union government and all state governments to undertake a time-bound exercise to verify whether all the ministries, departments, government organisations, authorities, public sector undertakings, institutions, and bodies have constituted sexual harassment committees.
The Supreme Court passed the order on a petition filed by former head of department of Goa University, Aureliano Fernandes, who had challenged his dismissal by the GU in 2010 following complaints by student of alleged physical harassment. His appeal was dismissed by the high court in 2012, and he subsequently approached the SC. 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. 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. Explained | What is the PoSH Act and why has the Supreme Court flagged lapses in its implementation?5/22/2023 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 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 Workplace (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. 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. 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 Join Our HR WhatsApp Group https://chat.whatsapp.com/Ll2DJFGG2l9Le4INLgR0J6 |
Categories
All
HR BooksSocial Work Books |
RSS Feed
