Supreme Court:POSH Act | Inquiry Report Copy Must Be Given To Complainant; Supreme Court Imposes Penalty On BSFCase Details : MS. X v. UNION OF INDIA & ORS. Citation: 2024 LiveLaw (SC) 972The Supreme Court recently imposed a penalty of Rs. 25,000 on the Border Security Force (BSF) for failure to provide a copy of the inquiry report to a complainant who initiated proceedings against an...
Supreme Court:
POSH Act | Inquiry Report Copy Must Be Given To Complainant; Supreme Court Imposes Penalty On BSF
Case Details : MS. X v. UNION OF INDIA & ORS.
Citation: 2024 LiveLaw (SC) 972
The Supreme Court recently imposed a penalty of Rs. 25,000 on the Border Security Force (BSF) for failure to provide a copy of the inquiry report to a complainant who initiated proceedings against an officer under the the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal Act (POSH Act), 2013.
The bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah observed that the BSF constable, who complained of sexual harassment would fall under the term 'concerned parties', under S.13(1) of the POSH Act.
Case: YOGAMAYA MG Vs UNION OF INDIA
The Supreme Court on Monday (December 9) disposed of a PIL seeking the application of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) to political parties by asking the petitioner to first approach the Election Commission of India.
Supreme Court Issues Directions For Effective Implementation Of POSH Act
Case Details: AURELIANO FERNANDES v. THE STATE OF GOA AND ORS.
Citation : 2024 LiveLaw (SC) 959
The Supreme Court today (December 3) passed comprehensive directions for the effective compliance of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).
The Court particularly emphasised "decentralising" the POSH Act to take on board the private sectors, which the Union also pointed out is a "red flag" because they have been "very hesitant" in implementing the POSH Act especially in constituting Internal Complaints Committee for hearing complaints pertaining to allegations of sexual harassment.
The National Task Force (NTF) constituted by the Supreme Court in the wake of safety concerns of medical professionals after the RG Kar Hospital Doctor's Rape-Murder, has given exhaustive recommendations for enhancing better work conditions of the professionals and preventing sexual harassment at medical workplaces.
The NTF, in its recommendations also gave a slew of solutions relating to stricter security measures including Constitution of Internal Complaints Committee (ICC) under POSH Act 2013 - which increases awareness of the POSH provisions, dissemination of the law in regional languages and proper training and rotation of ICC members.
Case Title: Aureliano Fernandes Versus State Of Goa And Others
Citation : 2023 LiveLaw (SC) 424
The Supreme Court on August 13), in a matter concerning the implementation of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), indicated that it would direct all the States and Union Territoriess to prepare an online dashboard containing all the relevant information pertaining to the constitution and members of the Internal Committees(IC) of the departments.
Case Title: JANAKI CHAUDHRY AND ANR. Versus MINISTRY OF WOMEN AND CHILD DEVELOPMENT AND ORS
The Supreme Court today issued notice in a public interest litigation seeking security of tenure and protection from retaliation for members of Internal Complaints Committees [constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013] in private workplaces.
A bench of Justices Surya Kant and Ujjal Bhuyan passed the order, seeking response of the Ministry of Women and Child Development, Ministry of Corporate Affairs and National Commission for Women.
Calcutta High Court:
Calcutta High Court Grants Relief To NUJS VC, Upholds Dismissal Of Sexual Harassment Complaint
Case: X vs. Y & Ors.
Citation: 2024 LiveLaw (Cal) 291
The Calcutta High Court has granted relief to the Vice-Chancellor of the National University of Juridical Sciences (NUJS), Kolkata, in a case of sexual harassment filed by a faculty member.
A division bench of Justices Harish Tandon and Prasenjit Biswas found no credible evidence to support the claims and upheld the Local Complaint Committee's (LCC) decision to dismiss the complaint, citing the time limitations outlined in the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
Case: X v State of West Bengal & Ors
Citation: 2024 LiveLaw (Cal) 130
The Calcutta High Court has directed the local committee, 24-Parganas (North), constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (in short, the Act of 2013) ("POSH Committee") to reconsider a complaint by a professor of NUJS Kolkata, accusing the University's Vice-Chancellor ('VC') of sexual harassment.
The POSH Committee in the impugned order, had dismissed the petitioner's complaint on the grounds that it was barred by limitation.
Jammu & Kashmir High Court:
Case Title: Mohammad Altaf Bhat Vs Principal Chief of Commissioner and Ors.
Citation: 2024 LiveLaw (JKL) 338
The Jammu and Kashmir and Ladakh High Court has held that an authority under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) lacks the jurisdiction to act upon and decide The Karnataka High Court has held that there is no express bar under provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules, for the appellate authority to consider an application for stay in appeal against the final report of the Internal Complaints Committee. complaints filed beyond the condonable limitation period of three months, as provided under the second proviso to Section 9(1) of the Act.
Karnataka High Court:
Case Title: Nagaraj G K AND THE HON'BLE ADDL. LABOUR COMMISSIONER & Others
Citation No: 2024 LiveLaw (Kar) 466
The Karnataka High Court has held that there is no express bar under provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules, for the appellate authority to consider an application for stay in appeal against the final report of the Internal Complaints Committee.
A single judge bench of Justice S Sunil Dutt Yadav said “The appellate authority despite the absence of specific provision for granting of interim order would have the power to consider the interim application.”
Case Title: ANI Technologies Private Limited & Ms X & Others
The Karnataka High Court on Friday stayed till October 28, a single judge bench order which had directed ANI Technologies, which owns and operates OLA Cabs, to pay a sum of Rs 5 lakh towards compensation to a woman who allegedly faced sexual harassment at the hands of their driver, during a trip in 2019.
Kerala High Court:
Case Title: Abraham Mathai v State of Kerala
Citation: 2024 LiveLaw (Ker) 788
The Kerala High Court has held that oral complaints given by an employee alleging sexual harassment to various authorities cannot be a substitute for a written complaint for carrying an inquiry under Section 11 of the Prevention of Sexual Harassment at Workplace Act.
Case Title: Amjith v State of Kerala
Citation: 2024 LiveLaw (Ker) 712
The Kerala High Court has observed that the report or findings of the Internal Complaints Committee formed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) 2013 will not have an impact against the police report made based on the victim's complaint alleging sexual harassment at workplace.
The Court further observed that this is because most of the ICC reports tend to be one-sided and biased, often favouring the institution involved.
Case Name: Navas A @ Paichira Navas v State of Kerala and other matters.
The Kerala High Court today orally pointed lacunae in the PoSH Act 2013, stating that the legislation doesn't take within its purview sexual harassment faced by women seeking employment. The law only applies to sexual harassment of women at the workplace, thus excluding informal situations where there is no clear employer-employee relationship.
Case title: Vineeth V V v Kerala State Electricity Board Ltd.
Citation: 2024 LiveLaw (Ker) 193
The Kerala High Court recently quashed an inquiry report issued under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act and rules made thereunder against an Assistant Engineer who was working in the Kerala State Electricity Board (KSEB), citing violation of principles of natural justice.
Madras High Court:
Case Title: The Research Scholar v The Research Guide and Others
Citation: 2024 LiveLaw (Mad) 483
The Madras High Court recently suggested bringing in Standard Operating procedures and Practice Directions to mask the name and identities of every victim of mental, emotional, and sexual harassment in all proceedings. The court made the suggestions while hearing an appeal filed by a Research Scholar against the order of a single judge setting aside the order of the Internal Complaints Committee.
Case Title: X v. State
Citation: 2024 LiveLaw (Mad) 461
The Madras High Court has directed the State of Tamil Nadu to frame rules for the effective implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (PoSH Act).
Justice RN Manjula noted that though it was not fair to assume that the State lacked intention to implement the Act, the presence of inherent indifference could not be denied.
Case Title: R Mohanakrishnan v The Deputy Inspector General of Police and Others
Citation: 2024 LiveLaw (Mad) 245
The Madras High Court has recently observed that an allegation of rape of continuous molestation and harassment, unlike a lewd inappropriate remark, is a continuing misconduct and every day till the situation is redressed, a fresh cause of action arises. The court was hearing a petition filed by a Superintendent of Police Mohanakrishnan, against an order passed by the Internal Complaints Committee.
Case Title: Samuel Tennyson v The Principal & Secretary, MCC and Others
Citation: 2024 LiveLaw (Mad) 224
The Madras High Court has held that the disciplinary committee is bound by the decisions of the Internal Complaints Committee with respect to allegations of sexual harassment at workplace.
Case Title: XYZ v Kalakshetra Foundation and Others
Citation: 2024 LiveLaw (Mad) 79
The Madras High Court has disposed of a plea filed by a group of students from Rukmini Devi College of Fine Arts, functioning under the Kalakshetra Foundation. The students had approached the court for the formulation of proper safety policies and redressal mechanisms in the college.
Justice Anita Sumanth noted that there was no necessity to issue directions as the college had finalized the Gender Neutral Policy for Prevention, Prohibition, and Redressal of Sexual Harassment Complaints. The court also noted that the Internal Complaints Committee was also re-constituted and thus the reliefs sought had been remedied.
Madhya Pradesh High Court:
Case Title: Dr. Kali Charna Sabat Vs. U.O.I. Through National Institute Of Technology & Others
Citation: 2024 LiveLaw (MP) 300
While allowing an NIT Bhopal Assistant Professor's plea against dismissal from service who was accused of sexual harassment, the Jabalpur bench of the Madhya Pradesh High Court said that the Internal Complaints Committee can, before starting the departmental enquiry, try to "settle" the case by referring the matter to conciliation.
In doing so, the court mentioned the importance of complying with Section 10 of the The Sexual Harassment of Women at Workplace(Prevention, Prohibition and Redressal) Act (POSH) which prescribes that the Internal Committee or a Local Committee before initiating any enquiry in the matter may try to settle the dispute by referring the matter for conciliation and thereafter enquiry shall be conducted as per Section 11 of the Act.[POSH Act] Transfer Of Accused Merely Due To Pendency Of ICC Proceedings Without Any Recommendations Is Unjustified: Madhya Pradesh High Court
Case Title: Shankarlal Namdeo Vs. The State Of Madhya Pradesh And Others.
Citation: 2024 LiveLaw (MP) 205
The Madhya Pradesh High Court recently quashed an order transferring a sub-inspector–against whom allegations were made under the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act (POSH), observing that the transfer was made merely because the internal complaints committee proceedings were pending is unjustified.
Punjab & Haryana High Court:
Title: Kanu Sharma and others v. State of Punjab and others
The Punjab & Haryana High Court has issued notice on a plea filed seeking the formation of a Gender Sensitisation and Internal Complaint Committee to redress the issue of sexual harassment of lady advocates at the Bar. A bench of Acting Justice G.S. Sandhawalia and Justice Lapita Banerji sought a response from the State, Union Government, Bar Council of Punjab & Haryana and Punjab & Haryana High Court Bar Association.
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