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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.JAGADISH CHANDIRA
C.Ve. Shanmugam – Appellant
Versus
Tamil Nadu State Commission for Women, represented by its Chairperson – Respondent
| Table of Content |
|---|
| 1. facts leading to the petition. (Para 1 , 2) |
| 2. petitioner’s arguments on procedural violations. (Para 3 , 4 , 5 , 10) |
| 3. court's observations on compliance with the act. (Para 6 , 8 , 9 , 12 , 15 , 16 , 20) |
| 4. determination of findings based on statutory compliance. (Para 14 , 17 , 21) |
| 5. final decision on the case. (Para 25 , 26) |
ORDER :
The prayer in this writ petition has two limbs. Vide the first limb, the proceedings in Case No.5279 of 2025 on the file of the first respondent Commission initiated pursuant to the complaint made by the respondents 3 and 4 and the recommendation dated 11.11.2025 made by the first respondent Commission to the second respondent (Director General of Police) to initiate criminal prosecution against the petitioner under relevant provisions of the Bharatiya Nyaya Sanhita, 2023 and the Tamil Nadu Prohibition of Harassment of Women Act, 1998, are sought to be quashed. Vide the second limb, a mandamus is sought to forbear the second respondent from proceeding with the aforesaid recommendation made by the first respondent Commission.
2.1. On a complaint dated 14.10.2025 given by the respondents 3 and 4 (private respondents) stating that the pet
Failure to follow procedural requirements by the Tamil Nadu State Commission for Women invalidated their actions and recommendations, allowing the writ petition.
The Telangana State Women's Commission has the authority to issue summons based on information received without requiring a preliminary investigation, as per Sections 16(1)(b) and 16(3) of the Act.
The Nagaland State Commission for Women has the authority to investigate workplace harassment complaints and file reports, enabling criminal actions under relevant laws when evidence suggests. Both c....
The Manipur State Commission for Women has the power to entertain complaints and direct parties to appear for inquiry, but not to adjudicate or determine rights like a Court or Tribunal.
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 National Commission for Scheduled Castes and Scheduled Tribes lacks jurisdiction to investigate individual caste status claims, which violates natural justice principles.
The NHRC lacked jurisdiction to act on the complaint due to the one-year limitation under Section 36(2) of the Protection of Human Rights Act, 1993, and failed to provide due process to the petitione....
The NHRC lacked jurisdiction to take cognizance of the complaint beyond the limitation period specified in the Protection of Human Rights Act, 1993.
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