POSH Flashcards
Judge X case
Where there is a complaint of sexual harassment against a judge, the inhouse procedure must be followed.
1. The CJI or CJ must verify the veractiy
2. a 3 member committee probes the matter. Principles of NJ to be followed.
3. CJI or CJ may change as per discretion.
Dr. Malabika Bhattacharjee v Internal Complaints Committe,
Vivekananda College
Sexual harassment cannot be a static concept. Has to be looked at against the social prevailing conditions. The offender can be a woman. Act only says person.
Medha Kotwal case
The court noted in Medha Kotwal that the vishaka guidelines are not being followed. Instructed states to put in standing orders to reflect them. Also clarified that the ICC report is not just a preliminary investigation or inquiry report.
PNB v. Durgesh Kuwar
According to Section 4(2) of the POSH act, one member of the ICC should be an independent member from an NGO. in this case, the independent member was also a panel lawyer of the bank, which is prohibited.
What is the nature of the POSH act?
The posh act is regulatory in nature and not penalising. There are no penal provisions for the perpetrator but for inaction on behalf of the employer.
Vishaka case facts
The facts of the case are as follows:
Bhanwari Devi, a social worker in Rajasthan, was brutally gang-raped as a punishment for trying to prevent a child marriage. Despite evidence, the perpetrators were acquitted, and the incident raised significant concerns regarding the absence of laws protecting women from sexual harassment at the workplace. She was working in an organisation and it was considered to be a workplace because it was a place administered by the State of Rajasthan. Since Vishaka was present there in the course of her employment, there was a degree of vicarious liability on her employer to ensure her safety. The petitioners approached the Supreme Court under Article 32 of the Indian Constitution, seeking enforcement of fundamental rights.
Vishakha held
