Political Parties Not Bound To Establish Internal Complaints Committee Under POSH Act : Kerala High Court
2 years, 9 months ago

Political Parties Not Bound To Establish Internal Complaints Committee Under POSH Act : Kerala High Court

Live Law  

In a significant decision, the Kerala High Court on Thursday observed that political parties are not legally liable to establish Internal Complaints Commitee as per the Sexual Harassment of Women at Workplace Act, 2013 since there is no employer-employee relationship among its members. The observation came in the PIL moved by the Centre for Constitutional Rights Research and Advocacy seeking directions to constitute Internal Complaints Committee within political parties in accordance with the POSH Act 2013. So that clause 2 would not come into play so far as the contentions advanced in the writ petitions are concerned against the respondents in the writ petition because there is no case for the petitioners that any of the organisations and the political parties would come under the term "appropriate Government" or "local body" so as to persuade such organisations to constitute an Internal Complaints Committee." In the same judgment, the Court also held that film production houses have the responsibility to form an Internal Complaints Committee as per the POSH Act observing that each film unit in an industry is an establishment and an ICC needs to be constituted for that purpose.

Political Court Complaints Political Parties Parties Sexual Harassment Kerala High Court Committee Act Its Members Internal Complaints Committee Establish Internal Posh Act  parties  act  justice  kerala  harassment  posh  establish  political  sexual  complaints  high  committee  redressal  court  women  internal

History of this topic

Oral Complaint Can't Substitute Requirement Of Written Compliant For Conducting Inquiry Under POSH Act: Kerala High Court
2 weeks ago

Oral Complaint Can't Substitute Requirement Of Written Compliant For Conducting Inquiry Under POSH Act: Kerala High Court

Live Law  

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. In that view of the matter, the inquiry conducted by the 2nd respondent becomes illegal.” The writ …

SC asks petitioner to approach EC on applying POSH Act to political parties
2 weeks, 1 day ago

SC asks petitioner to approach EC on applying POSH Act to political parties

Deccan Chronicle  

The Supreme Court on Monday directed a petitioner seeking the application of the Sexual Harassment of Women at Workplace Act, 2013 to political parties across the country to first approach the Election Commission with the plea.A bench comprising Justice Surya Kant and Justice Manmohan disposed of the Public Interest Litigation filed by Supreme Court lawyer Yogamaya M. G., granting her …

In Plea To Apply POSH Act To Political Parties, Supreme Court Asks Petitioner To Approach Election Commission
2 weeks, 1 day ago

In Plea To Apply POSH Act To Political Parties, Supreme Court Asks Petitioner To Approach Election Commission

Live Law  

The Supreme Court on Monday disposed of a PIL seeking the application of the Sexual Harassment of Women at Workplace Act, 2013 to political parties by asking the petitioner to first approach the Election Commission of India.A bench comprising Justice Surya Kant and Justice Manmohan passed the order on a PIL filed by Supreme. The Supreme Court on Monday disposed …

Petitioner seeking to apply POSH Act to political parties asked to move poll panel
Trending News
2 weeks, 1 day ago

Petitioner seeking to apply POSH Act to political parties asked to move poll panel

India Today  

The Supreme Court on Monday asked a petitioner seeking to apply the Sexual Harassment of Women at Workplace Act, 2013 to political parties, to first approach the Election Commission of India. Hearing the plea, the Supreme Court bench said that it would let the election panel be approached first as it is the competent authority with respect to political parties. …

Sexual Harassment At Workplace | Supreme Court Issues Notice On PIL Seeking Security Of Tenure & Protection For ICC Members In Private Workspaces
2 weeks, 4 days ago

Sexual Harassment At Workplace | Supreme Court Issues Notice On PIL Seeking Security Of Tenure & Protection For ICC Members In Private Workspaces

Live Law  

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 in private workplaces.A bench of Justices Surya Kant and Ujjal Bhuyan passed the order, seeking response. The Supreme Court today issued notice in a public interest litigation seeking security of tenure and protection from retaliation …

Redesign POSH law for the informal sector
3 weeks, 3 days ago

Redesign POSH law for the informal sector

Hindustan Times  

In the recent assembly elections, we were once again inundated with information about how much of a difference the women’s vote made to the outcome. The Sexual Harassment of Women at Workplace 2013 Act, in its present form, has only the local committee mechanism to deal with workplace abuse for informal workers. Female agricultural workers face severe exploitation and violence …

Madras HC directs Tamil Nadu to frame PoSH rules, suggests creating women's development department
1 month ago

Madras HC directs Tamil Nadu to frame PoSH rules, suggests creating women's development department

New Indian Express  

MADURAI: Observing that the state government has not yet notified the rules for the Sexual Harassment of Women at Workplace Act, 2013, the Madurai Bench of Madras High Court directed the government to scrutinise and adopt the model draft rules submitted by the State Women Commission for the Act, after making suitable changes if needed. Stating that the social welfare …

[POSH Act] Majority ICC Reports 'Shockingly' Biased In Favour Of Workplace, Can't Impact Police Report Filed On Victim's Complaint: Kerala HC
1 month, 1 week ago

[POSH Act] Majority ICC Reports 'Shockingly' Biased In Favour Of Workplace, Can't Impact Police Report Filed On Victim's Complaint: Kerala HC

Live Law  

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 2013 will not have an impact against the police report made based on the victim's complaint alleging sexual harassment at workplace. Thus it is held that the report of the ICC is not the final …

Over 10k institutions register for women’s safety at workplaces in Kerala
2 months, 2 weeks ago

Over 10k institutions register for women’s safety at workplaces in Kerala

New Indian Express  

THIRUVANANTHAPURAM: In a step towards ensuring women’s safety at workplaces, Minister for Health and Woman & Child Development Veena George has announced that over 10,307 institutions have registered through the POSH Act Compliance Portal. As per the law, all workplaces having more than 10 employees, whether permanent or temporary, must have ICCs to safeguard women from workplace harassment. Establishment heads …

POSH Act | Complaint Not Served On Respondent, Witnesses Examined In His Absence: Kerala High Court Says ICC Must Observe Natural Justice
9 months ago

POSH Act | Complaint Not Served On Respondent, Witnesses Examined In His Absence: Kerala High Court Says ICC Must Observe Natural Justice

Live Law  

The Kerala High Court recently quashed an inquiry report issued under the Sexual Harassment of Women at Workplace Act and rules made thereunder against an Assistant Engineer who was working in the Kerala State Electricity Board, citing violation of principles of natural justice. Quashing the inquiry report, Justice Basant Balaji stated thus: “The entire proceedings shall be completed in accordance …

Sexual Harassment At Workplace : Delhi Court Pulls Up Standard Chartered Bank For Lapses In ICC Inquiry; Laments Lack Of Awareness About POSH Act
1 year, 4 months ago

Sexual Harassment At Workplace : Delhi Court Pulls Up Standard Chartered Bank For Lapses In ICC Inquiry; Laments Lack Of Awareness About POSH Act

Live Law  

The Industrial Tribunal of Delhi recently criticised the Standard Chartered Bank for procedural lapses in handling a sexual harassment complaint in compliance of Sexual Harassment of Women at workplace Act, 2013. Considering the submissions, the Tribunal opined that, “This practice adopted by Internal Committee is totally against principles of natural justice and any anonymous witness cannot be permitted to be …

Victim Can Invoke PoSH Act When Sexually Harassed By Man Working In Department Other Than Her Own: Delhi High Court
1 year, 5 months ago

Victim Can Invoke PoSH Act When Sexually Harassed By Man Working In Department Other Than Her Own: Delhi High Court

Live Law  

The Delhi High Court has ruled that the scope of Sexual Harassment of Women at Workplace Act, 2013 or PoSH Act is not limited to cases where a woman employee is sexually harassed by another employee working in her own office or department but also extends to cases where the delinquent employee is employed elsewhere.Analyzing the statute and its. The …

POSH Act | Karnataka High Court Disposes PIL For Establishment Of Internal Complaints Committee In All Educational Institutions
1 year, 6 months ago

POSH Act | Karnataka High Court Disposes PIL For Establishment Of Internal Complaints Committee In All Educational Institutions

Live Law  

The Karnataka High Court on Monday disposed of a PIL seeking directions to the State's Department of Primary and Secondary Education to issue circulars mandating all educations institutes to establish an internal complaint committee in the light of Prevention of Sexual Harassment at Workplace Act. “In view of the directions of the Apex court and further direction to Union of …

BCCI to create new committee to restructure its Prevention of Sexual Harassment (POSH) Policy
1 year, 6 months ago

BCCI to create new committee to restructure its Prevention of Sexual Harassment (POSH) Policy

The Hindu  

The Board of Control for Cricket in India will soon create a new committee to help restructure its Prevention Of Sexual Harassment policy. In the Special General Meeting in Ahmedabad on Saturday, it was decided that joint secretary Devajit Saikia and treasurer Ashish Shelar, both senior legal professionals, will work in tandem with the Board’s legal team to formalise the …

[POSH Act] Institutions Can’t Escape Liability For Dragging On Sensitive Sexual Harassment Complaints: Delhi HC Imposes 1 Lakh Cost
1 year, 10 months ago

[POSH Act] Institutions Can’t Escape Liability For Dragging On Sensitive Sexual Harassment Complaints: Delhi HC Imposes 1 Lakh Cost

Live Law  

The Delhi High Court has observed that institutions cannot escape the liability for dragging on sensitive sexual harassment complaints under Prevention of Sexual Harassment at the Workplace Act and that management and authorities must behave in a responsible manner. Observing that constitution of the Internal Complaint Committee is of utmost importance in such cases, Justice Prathiba M Singh said: “Adjudication …

Colleges Lack Functional Complaint Committee, Demand for Stricter ICC Implementation as Harassment Cases Rise
2 years, 4 months ago

Colleges Lack Functional Complaint Committee, Demand for Stricter ICC Implementation as Harassment Cases Rise

News 18  

Despite the closure of colleges and universities due to Covid-19, the number of sexual harassment complaints is yet to see a downward trend. Year Cases Reported in College Cases Reported in Universities Total Cases Reported 2016-17 18 86 104 2017-18 39 149 188 2018-19 4 75 79 2019-20 54 245 299 2020-21 51 52 103 Reported cases, however, are just …

KHCAA To Consider Resolution Seeking Constitution Of Internal Committee To Redress Sexual Harassment Grievances Of Women Lawyers
2 years, 9 months ago

KHCAA To Consider Resolution Seeking Constitution Of Internal Committee To Redress Sexual Harassment Grievances Of Women Lawyers

Live Law  

The General Body of the Kerala High Court Advocates' Association convened a meeting today afternoon primarily to discuss the resolution moved by Advocate Boby M. Sekhar and 117 other members regarding the constitution of an Internal Committee for redressal of complaints of sexual harassment against women within the Association. In the resolution, it was highlighted that the Sexual Harassment of …

Film Production Houses To Form ICC Under POSH Act, Political Parties Exempted: Kerala HC
2 years, 9 months ago

Film Production Houses To Form ICC Under POSH Act, Political Parties Exempted: Kerala HC

ABP News  

New Delhi: The Kerala High Court issued a plethora of directives on Thursday on the need of establishing Internal Complaints Committees in organisations and production units in the film industry, as well as political parties, Bar and Bench reported. A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly ruled that, in addition to production firms that …

Same-Gender Sexual Harassment Complaints Maintainable Under POSH Act : Calcutta High Court
3 years, 11 months ago

Same-Gender Sexual Harassment Complaints Maintainable Under POSH Act : Calcutta High Court

Live Law  

In a significant verdict, the Calcutta High Court has held that same-gender complaints are maintainable under the Sexual Harassment of Women at Workplace Act, 2013, commonly referred to as the POSH Act.The Court observed that Section 2 of the 2013 Act shows that the term "respondent" brings within its fold "a person", thereby including persons. In a significant verdict, the …

Need Safeguards For Members Of Internal Complaint Committees; PIL Before Bombay HC Seeks Changes To The POSH Act
3 years, 11 months ago

Need Safeguards For Members Of Internal Complaint Committees; PIL Before Bombay HC Seeks Changes To The POSH Act

Live Law  

A public interest litigation has been filed before the Bombay High Court by lawyer Abha Singh and Janaki Chaudhary, a social worker seeking changes to the Sexual Harassment of Women at Workplace Act, 2013. The said Act defines the offence of the sexual harassment in broad terms and provides for the mandatory constitution of Internal Complaints Committees by Companies and …

Non-Constitution Of Internal Committee Under POSH Act In Violation Of Mandate Under Indian Laws; Delhi Court Punishes Srilankan Airlines
3 years, 11 months ago

Non-Constitution Of Internal Committee Under POSH Act In Violation Of Mandate Under Indian Laws; Delhi Court Punishes Srilankan Airlines

Live Law  

A Delhi court recently convicted SriLankan Airlines, holding them in violation of the Sexual Harassment at Workplace Act, 2013.Dev Saroha, Metropolitan Magistrate, Patiala House Courts, Delhi, while answering the question of whether the Company had an internal committee as mandated under section 4 of the Act, functioning in Delhi division or in India. Dev Saroha, Metropolitan Magistrate, Patiala House Courts, …

"ICC Can't Comment On Personal Conduct Of Parties": Delhi High Court Shuns Moral Policing By Internal Committee In Cases Of Sexual Harassment At Workplace
4 years ago

"ICC Can't Comment On Personal Conduct Of Parties": Delhi High Court Shuns Moral Policing By Internal Committee In Cases Of Sexual Harassment At Workplace

Live Law  

The Delhi High Court in a progressive judgment delivered on a writ petition by a female employee of Punjab National Bank has held that the jurisdiction of Internal Complaints Committee established under the Sexual Harassment of Women at Workplace Act, 2013, is limited to allegations of sexual harassment and whether a complaint is made out or not, to that effect. …

Functioning Of Local Committees Under The Sexual Harassment Of Women At Workplace Act
4 years, 5 months ago

Functioning Of Local Committees Under The Sexual Harassment Of Women At Workplace Act

Live Law  

Vishaka Guidelines The legal recourse on the issue of sexual harassment in India came only in the 1990s, though the country signed the Convention on the Elimination of All Forms of Discrimination against Women on 30 July 1980 and ratified it on 9 July 1993. Banka, R : "Delhi High Court Sets Aside LCC's Order on Sexual Harassment Complaint," Hindustan …

POSH Act 2013 : Are There Legislative Gaps Which Need To Be Bridged?
4 years, 5 months ago

POSH Act 2013 : Are There Legislative Gaps Which Need To Be Bridged?

Live Law  

This write up is written in response to the article published here namely Sexual Harassment At The Workplace – Bridging The Legislative Gap For A Better Tomorrow by Riddhika Girimala Shetty and Pranshu Bhutra on 16 Jun 2020, 1) Currently, the Act is only restricted to complaints of sexual harassment of an aggrieved woman. definition of aggrieved woman stated in …

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