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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.N.MANJULA
Supraja – Appellant
Versus
State Represented by The Principal Secretary to Government – Respondent
ORDER :
R.N. MANJULA, J.
For the sake of convenient discussion and understanding the contents of this order is divided into seven parts as given below:
| PART-I | Statement about the consent given by the petitioners |
| PART-II | Facts of the case and course of the events leading to the larger interest |
| PART-III | Submissions of the learned counsels of both sides and the Amicus Curiae |
| PART-IV | Discussion on the (i)Special features of the PoSH Act in comparison with the significant features of International legislations on similar subject (ii) March of law (iii) Various guidelines of the Supreme Court (iv) ground realities revealed through field research |
| PART-V | Limitations of legislative measures |
| PART-VI | Preventing factors to achieve the objects of the Act |
| PART-VII | Directions |
PART -I
Statement about the consent given by the petitioners
Before proceeding to the facts and discussion in these matters, the reasons for disclosing the names of the aggrieved women, who are the petitioners in W.P.(MD). No.9747/2024 and W.P. 12601/2024, and who had given complaints alleging sexual harassment in their respective work places have to be stated.
2. When it was assured to the aggrieved women who are the petitioners in W.P.(MD).N
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 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 ....
A written complaint is mandatory for initiating an inquiry under the POSH Act; inquiries conducted without it are illegal.
The main legal point established is that the Presiding Officer of the Internal Complaints Committee must be a higher level woman officer in accordance with Section 4(2)(a) of the Sexual Harassment of....
The Central Complaints Committee's findings on sexual harassment claims were upheld, emphasizing the importance of thorough inquiry and the principle of preponderance of probabilities in disciplinary....
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