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IN THE HIGH COURT AT CALCUTTA
JUDGMENT :
HARISH TANDON, J.
1. The prelude to the promulgation of the Sexual Harassment on Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 would give a fair and broad aspect in relation to a subject involving the sexual harassment of a woman at a workplace. The fundamental ethos underlying the constitutional edifice is founded upon the elimination of a gender base discrimination as one of its fundamental principles and to ensure the gender equality in all respect including the right to dignity to all the women at the workplace. Several discourse across the globe on the women’s right and sexual harassment at the workplace gained momentum duly recognized under Article 11 of the Convention of Elimination of All Forms of Discrimination against Women (CEDAW). It was felt to introduce a legislation to eliminate any form of discrimination against the women at the workplace and India being the signatory to such convention as a ratifying State was obligated to legislate in such field. The unprecedented and barbaric act of gang rape suffered by women at the workplace led the Supreme Court to frame a mechanism for preventing and addressing the need of woman on sexual haras
The court established that the assessment of limitation in sexual harassment cases must consider the entire context of the allegations, including subsequent victimization linked to prior harassment.
(1) Limitation – Issue of limitation is ordinarily a mixed question of fact and law and it may not be possible to throw out a complaint at threshold without collecting material on factual aspects rel....
The main legal point established in the judgment is that Section 5 of the Limitation Act applies to appeals under the Sexual Harassment of Women at Workplace Act, and the power of condonation of dela....
The constitution and conduct of the Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) and the Central ....
The PoSH Act mandates the establishment of Internal Committees for addressing sexual harassment complaints, and deficiencies in their formation and function undermine the Act's objectives, requiring ....
The jurisdiction of the Internal Complaints Committee under the POSH Act extends beyond the respondent's workplace, allowing for inquiries at the aggrieved woman's workplace, thus upholding the Act's....
Absence of a written complaint under the Sexual Harassment of Women at Workplace Act nullifies the validity of the inquiry and violates principles of natural justice.
The judgment establishes the application of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in addressing workplace sexual harassment and emphasizes the ....
Point of Law : Employment and Service matter - Disciplinary matters - Prohibition of sexual harassment of working women - Jurisdiction - Grievance of petitioner falls within the ambit of “disciplinar....
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