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Showing posts with the label POSH Act

Supreme Court Expands Jurisdiction Under POSH Act: Complaint Can Be Probed at Complainant’s Workplace

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Background of the Case In a significant judgment strengthening workplace safety for women, the Supreme Court of India has clarified that proceedings under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) can be initiated at the workplace of the complainant , even if the accused employee belongs to a different department or employer . The ruling settles a long-standing ambiguity on the jurisdiction of Internal Complaints Committees (ICCs) and rejects the narrow interpretation that only the ICC of the accused employee’s department can inquire into allegations of sexual harassment. Facts of the Case The appellant was a 2010-batch Indian Revenue Service (IRS) officer . The complainant was a 2004-batch Indian Administrative Service (IAS) officer , posted in the Department of Food and Public Distribution . The alleged incident of sexual harassment took place in May 2023 at Krishi Bhawan, New Delhi , a common government workplace. The ...

Supreme Court Seeks Nationwide Guidelines Against Period Checks at Workplaces and Educational Institutions

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Background of the Case The Supreme Court of India has agreed to examine the need for nationwide guidelines to prevent women and girls from being subjected to invasive “period checks” during menstruation. This direction follows disturbing incidents where employees and students were asked to prove their menstrual status, violating dignity and bodily autonomy. The matter reached the Supreme Court through a petition filed by the Supreme Court Bar Association (SCBA), which highlighted multiple instances of degrading practices across institutions. Triggering Incident: Haryana University Controversy In October 2024, three female sanitation workers at Maharshi Dayanand University (MDU), Rohtak, complained of menstrual sickness. Instead of being granted relief, the supervisors demanded that the women provide photographs of their sanitary pads as proof. The workers were allegedly verbally abused and coerced into taking photographs in a washroom, causing severe humiliation. Following publ...

Supreme Court Bar Association Moves Apex Court Over ‘Proof of Periods’ Incident in Haryana: A Question of Dignity and Rights

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Background of the Case The Supreme Court Bar Association (SCBA) has approached the Supreme Court of India , seeking judicial intervention and an independent probe into a disturbing incident at Maharishi Dayanand University (MDU), Rohtak , where female sanitation workers were allegedly asked to prove that they were menstruating. The petition, filed by the Bar body, calls for strict guidelines to protect women’s right to health, dignity, bodily autonomy, and privacy , especially during menstruation. The plea demands that both the Centre and the Haryana government conduct a detailed inquiry into the matter to ensure accountability and institutional responsibility. The Incident at Maharishi Dayanand University According to reports, the incident occurred on October 26 , just hours before Haryana Governor Ashim Kumar Ghosh was scheduled to visit the MDU campus. Three female sanitation workers employed through Haryana Kaushal Rozgar Nigam Limited alleged that their supervisors fo...