![[POSH Act] Majority ICC Reports 'Shockingly' Biased In Favour Of Workplace, Can't Impact Police Report Filed On Victim's Complaint: Kerala HC](/static/images/error.jpg)
[POSH Act] Majority ICC Reports 'Shockingly' Biased In Favour Of Workplace, Can't Impact Police Report Filed On Victim's Complaint: Kerala HC
Live LawThe 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 word in so far as the allegations otherwise made before the police from the work place and for which crime was registered and investigated leading to final report alleging commission of the above offences.” The petitioner, head and Principal of a College is accused of making sexually coloured remarks and demanding sexual favours from the complainant who is also working in the same college. On examining the provisions of the POSH Act, the Court stated that the report or findings of the ICC will have no impact against the police report filed based on the victim's complaint. Court said, “Therefore, the aggrieved person when directly makes a complaint to the police, police registers crime, conducts investigation and files final report finding commission of the offences alleged, the ICC report or its finding against the police report has no bearing on the prosecution case.” In the facts of the case, the Court found that the statement of the complainant was not taken by the ICC but they only took the statement of the accused and a few other teachers. I do not think that ICC report, prepared without even recording the statement of the victim, could supersede the prosecution records to disbelieve the same.” As such, the Court found that a prima facie case was made out and refused to quash the criminal proceedings against the petitioner.
History of this topic
Supreme Court Imposes Cost On States For Failure To Report Compliance With Order Directing Implementation Of POSH Act
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Oral Complaint Can't Substitute Requirement Of Written Compliant For Conducting Inquiry Under POSH Act: Kerala High Court
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In Plea To Apply POSH Act To Political Parties, Supreme Court Asks Petitioner To Approach Election Commission
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SC orders states to form POSH panels in all govt depts
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Ensure PoSH Act compliance, SC tells state govts
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Sexual Harassment At Workplace : Delhi Court Pulls Up Standard Chartered Bank For Lapses In ICC Inquiry; Laments Lack Of Awareness About POSH Act
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Victim Can Invoke PoSH Act When Sexually Harassed By Man Working In Department Other Than Her Own: Delhi High Court
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POSH Act | Karnataka High Court Disposes PIL For Establishment Of Internal Complaints Committee In All Educational Institutions
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Film Production Houses To Form ICC Under POSH Act, Political Parties Exempted: Kerala HC
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'Horrendously Shocking': Kerala High Court Comes Down Heavily On The Police For Inhuman Treatment Of Citizen
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