CiteTEXT
...all others at the workplaces to curb this social evil.10. Gender equality includes protection from sexual harassment and right to work with dignity, which is a universally...seriously impaired when women are subjected to gender specific violence, such as sexual harassment in the workplace.23. Sexual harassment includes such...employer or other responsible persons in workplaces or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of ...
...institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or persecution of acts of sexual harassment by taking all steps required....working environment which is safe and protected for her and where she can discharge her duties in an atmosphere where sexual harassment or abuse thereof, at the instance of accused persons can be avoided...Vishaka v. State of Rajasthan reported in (1997) 6 SCC 241 wherein the Hon'ble Supreme Court laid down certain guidelines and norms to ensure prevention of sexual ...
...(1997) 6 SCC 241, JT (1997) 7 SC 384 a definition of sexual harassment was suggested. Verma, J., (as the former Chief Justice then was), speaking for the three-Judge Bench opined:“2. Defi...withstand the test of decency and modesty not amount to sexual harassment? Is physical contact with the female employee an essential ingredient of such a charge? Does the allegation that the superior...of approach expected from the law courts to cases involving sexual harassment which come to the forefront and require our consideration.3. Reference to the facts giving...
...It shall be the duty of the employer or other responsible persons in workplaces or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the p...were laid down by this Court for the prevention and redressal of sexual harassment and their due compliance under Article 141 of the Constitution of India until such time appropriate legislation was...enacted by Parliament, many women still struggle to have their most basic rights protected at workplaces. The statutory law is not in place. The Protection of Women Against Sexual Harassment at Work Place...
...responsible persons in workplaces or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual ...Order1. Leave granted. The appellant, who became a victim of sexual harassment but could not succeed in getting the wrongdoer punished filed Writ...specific protection of women from sexual harassment in workplaces and that enactment of such legislation will take considerable time,It is necessary and...
...with certain unparliamentarily words and was labelled as a prostitute. It has nothing to do with sexual harassment under the Sexual Harassment of women at work place (Preventive, Prohibition and R...misunderstood and misinterpreted by Smti Asita Pradhan as sexual harassment.”5. We have also perused the enquiry report enclosed to the said affidavit. The enquiry report concludes as follows...:—“Having examined the complainant Smt. Pradhan and the allegation made by her against Ms. Banya Gogoi it appears that the allegation could not be termed as sexual harassment as defined under...
...Complaints Committee to the government department.”The Court furthermore defined “sexual harassment” to include: (Vishaka case (1997) 6 SCC 241)...her questioning the legality of the said order of termination alleging sexual harassment by Hitendra Bahadur as one of the grounds, wherein an interim order was passed on 3-5-2006. The said interim...found to be not a case of sexual harassment. Hitendra Bahadur was directed to be counselled.12. Before the High Court the appellants filed their counter-affidavits inter alia...
...counsel appearing for the petitioner. Section 2(n) of the Central Act 14 of 2013 defines sexual harassment as follows:-
2(n) "sexual harassment" includes any one or more of...against the private respondents under the provisions of Sexual Harassment of Women at
Workplace(Prevention, Prohibition and Redressal) Act, 2013 and Rules framed...to give protection to women employees against sexual harassment at work places. A reading of the affidavit filed in support of the writ petition would indicate that what happened was more in the nature...
...the submissions. The ICC constituted under the provisions of the POSH Act, 2013 is competent to enquire the matter in respect of the 'sexual harassment'. Therefore, the complaint must be in respect of 'sexual ...writ petition against the cognizance taken by the Internal Complaint Committee (ICC) of the 2ndrespondent constituted under the provisions of The Sexual Harassment of Women at Workplace...case inasmuch as the allegations in the compliant submitted by the 4threspondent would not constitute 'sexual harassment' as defined in Section 2(n) of the POSH Act, 2013...
...appropriate to analyse the impugned order passed by the revisional Court. A relevant extract from the order reads as follows:-“13. It is pointed out that sexual harassment includes such...unwelcome sexually determined behaviour as physical contacts and advances, sexually coloured remarks, showing pornography and sexual demands, whether by words or actions. The complainant/revisionist...
...request to the Internal Complaints Committee to render her justice.The Act of 2013 defines sexual harassment in Section 2(n) which is as follows:“2. Definitions. - In this A...Debangsu Basak, J.:— The Court: The writ petitioner challenges a notice dated May 14, 2014 issued by the Internal Complaints Committee set up under the Sexual Harassment of Woman at....He further submits that, the complaint dated May 5, 2012 does not disclose any incident happening on April 27, 2012 to come within the meaning of sexual harassment as defined in Sexual...
...places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all st...harassment' has been defined as follows:
"For this purpose, sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as...from harassment caused to the petitioner by the Co-ordinator and also by the Director.
(b) Enquire into the matter of sexual harassment and misbehaviour to the petitioner and other lady...
...harassment either directly or by implication, thereby further says for the purpose of this rule sexual harassment include such unwell either directly or implication. Sexual harassment includes any...petitioner involved in sexual harassment of a woman employee at work place, exhibiting undue intimacy, misbehaving with woman employee at work place, causing mental agony, further intimidating her and her...objectionable and derogative nature, which hurts any woman in the society and shall be dealt with under Sexual Harassment of Woman at Work Place (Prevention, Prohibition and Redressal) Act, 2013...
...a conclusion that those remarks or the conduct of the petitioner do not amount to sexual harassment.12. What amounts to a sexual harassment in workplace has been defined by the Apex Court in the cas...come within the purview of sexual harassment but it creates doubt about the actual intention of the delinquent. DIG (CR &VIG) of CRPF disagreed with the finding of the complaint committee and accordingly...certain allegations against the petitioner of sexual harassment in the workplace and therefore, an inquiry was directed against the petitioner by the complaint committee constituted for the purpose of...
...important provisions of the Act including the definition of 'sexual harassment' and the provisions in Section 3 which were relied on by the Committee. The term 'sexual harassment' is defined under Section 2 (n) of ...looks at para 14 of the Vishaka judgment the word "sexual harassment" has been defined in a fairly elobarate manner which has been adopted almost as such in the Act when it was enacted. The relevant portion of the "gu...information on the reasons and details behind the transfer. It was revealed that he was transferred on a complaint of sexual harassment against him, lodged by 5th respondent. He filed O.A.No.969/2013...
....
Provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, defines sexual harassment as follows:
....
3 INTERNAL COMPLAINT COMMITTEE,
THE SEXUAL HARASSMENT OF WOMEN AT WORK PLACE,
COMMITTEE, MALABAR CANCER CENTRE, THALASSERY, KANNUR...petitioner would contend that since the specific allegation of sexual harassment that had been raised by the 4th respondent against the petitioner could not be proved, the Committee had no power...
...other institutions to prevent or deter the commission of acts of sexual harassment and provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required....Harish Tandon, J.:— The challenge is made to an order dated 13 September, 2014 by which a complaint committee was constituted to look after the issue of the sexual harassment of the women...at workplace in Durgapur Projects Limited. A complaint of sexual harassment was lodged by a female staff of the Durgapur Projects Limited against the petitioner and a committee was constituted in...
....
11.At this threshold, the question that needs to be considered is whether the complaint in Ext.P2 discloses allegations of sexual harassment as defined in Section 2(n) of the POSH Act,
...petitioner. There is no allegation of sexual harassment in the complaint, and therefore, the cognizance taken on the said complaint by the 2ndrespondent is without jurisdiction. 7.On the...finds the behaviour of the employee amounts to sexual harassment at
6
workplace under the provisions of Sexual...
...:
"Prohibition of sexual harassment of working women: (1) No Government servant shall indulge in any act of sexual harassment of any woman at any work place. (2) Every Governmen...with a charge memo dated 26.07.2018 under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955, alleging that he indulged in sexual harassment of the ladies, while he was...that the respondent, while serving as Executive Officer at Aappakoodal Town Panchayat, had faced a sexual harassment complaint dated 11.12.2017 and this prompted referral to the Local Complaints...
...whom the aggrieved woman has made a complaint under section 9;2(n) “sexual harassment” includes any one or more of the following unwelcome acts or behaviour (whether...Sabyasachi Bhattacharyya, J.:— The petitioner contends that the respondent authorities acted without jurisdiction in entertaining a complaint on alleged sexual harassment...respondent revolved around alleged vilifying and defaming the private respondent in public. It is submitted that the act as alleged, could not fall within the purview of “sexual harassment” as...