Court : Karnataka
Reported in : 2007(5)KarLJ484
..... part of the petitioner dated back to 6 to 7 years. there was overwhelming evidence before the committee to conclude that the petitioner was guilty of the charge of harassment amounting to sexual harassment at a workplace. assuming that in a situation where some of the members of the committee if were persons who had complained earlier against the very person whose conduct ..... and the guidelines issued in the case of vishaka (supra) and being prior to the introduction of the bill (bill no viii of 2006, enacting the working women (prevention of sexual harassment at workplaces) act, 2006 [for short, the act], i have examined the entire case on the touchstone of the judgment of the supreme court and the guidelines issued in the ..... context as per the directions of the second respondent - karnataka state women's commission - the board of management of the first respondent-bank had constituted a committee for complaints against sexual harassment at work place and one ms asha nayak, an advocate, headed the committee. it also transpires that a good number of members of the committee were drawn from the staff ..... into the complaint dated 6-8-2004 [copy at annexure-c], was of the view that the petitioner had been indulged in acts of harassment against the complainant for the past eight years and the harassment amounted to sexual harassment the committee also found that several witnesses who had been examined before the committee also gave vivid description of the exploitative activities on the .....Tag this Judgment!
Court : Chennai
Reported in : (2007)3MLJ492
..... inflicting punishment. but, it is not a case of mere misconduct violating the provisions of the statutes. three students made complaints against their professor and his associates alleging sexual harassment. the committee consisting of four persons, after going through the statements recorded in the enquiry, found that there is a prima facie case against the delinquents, i.e ..... , tiruchirapalli, second respondent herein filed a counter affidavit, wherein it is contended that on receipt of the complaints from the writ petitioners alleging sexual harassment against the 4th respondent dr.s.palanisamy, based on the law laid down by the supreme court in vishaka case vishaka and ors. v. state of rajasthan and ors. ..... as an one-member enquiry officer into the charges levelled against respondents 4 to 7 herein by the petitioners and selvi k. bharathi and selvi p. shanthi, with regard to sexual harassment by the 4th respondent herein against selvi k. bharathi, selvi p. shanthi and 2nd petitioner herein as incompetent, void, wholly without jurisdiction. 6. the registrar, bharathidasan university ..... , shanthi also gave complaint. after finding that if the allegations made in the complaints were proved, it would amount to an offence punishable under the provisions of the sexual harassment of women at their work place (prevention) act, 2000, the respondents 1 and 2 herein decided to constitute an enquiry committee comprising of four persons. the said .....Tag this Judgment!
Court : Mumbai
Reported in : 2007(2)ALLMR717; 2007(1)BomCR417
..... with the appropriate authority. in particular, it should ensure that victims, or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. the victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.5. disciplinary action: where such conduct amounts to misconduct in employment ..... above and the absence of enacted law to provide for the effective enforcement of the basic human right of gender equality and guarantee against sexual harassment and abuse, more particularly against sexual harassment at work place, we lay down the guidelines and norms specifiedhereinafter for due observance at all work places or other institutions, until a ..... of democracy established in accordance with the provisions of the constitution. present writ petition aimed at seeking redress to the grievance of three lady teachers about their sexual harassment cannot be equated with the litigation in the reported matter. shri v.d.sapkal, learned counsel, while representing principal and vice principal, has challenged the maintainability ..... 1977 and the rules framed thereunder, maharashtra universities act, 1994, to provide for disqualification, suspension of trustees and members of the educational institutions on the ground of sexual harassment, their vicarious liability in respect of such acts of any of the trustees/members or staff, stoppage of government aid, punishment for misconduct, withdrawal of recognition or .....Tag this Judgment!
Court : Delhi
Reported in : 163(2009)DLT557
..... establishes the binding nature of the declaration, and its universality to the workplace (the court even recognized that 'physical contact' is not an essential feature of sexual harassment). that sexual harassment at the workplace is an unacceptable behavior, by employers and co-employees alike, is now an established part of the judicial and legal lexicon. whenever found, the ..... the appropriate victim's perspective would be that of a reasonable man....we note that the reasonable victim standard we adopt today classifies conduct as unlawful sexual harassment even when harassers do not realize that their conduct creates a hostile working environment.... to avoid liability under title vii, employers may have to educate and sensitize their ..... from having to accommodate the idiosyncratic concerns of the rare hyper-sensitive employee, we hold that a female plaintiff states a prima facie case of hostile environment sexual harassment when she alleges conduct which a reasonable women would consider sufficiently severe or pervasive to alter the conditions of employment and create an abusive working environment....of ..... - particularly section 10(1)(e) and (f) are sufficiently broad to encompass jurisdiction to enquire into specific allegations concerning women's issues, which include complaints of sexual harassment at the workplace, aimed at informing appropriate government authorities, to ensure suitable remedial action. it is submitted that though vishaka does not expressly assign any role to .....Tag this Judgment!
Court : Delhi
Reported in : 135(2006)DLT346
..... on specific complaints. iv. the committee shall further ensure that:a) the victims or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. the victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.b) the guidelines of govt. of india on the subject matter are ..... the ccs (cca) rules. 26. in the present case the departmental complaint committee has exonerated the petitioner. the state complaint committee has found the petitioner guilty of sexual harassment. if the departmental complaint committee is deemed to be the inquiring authority then the petitioner cannot be removed from service as the departmental complaint committee does not find ..... delhi.22. the state complaint committee was to perform the following functions:i. monitor work of departmental committees set up for registering and inquiring into the complaints of sexual harassment within the departments, for time bound disposal.ii. register and inquire into the complaints made directly to the committee.iii. render advice to appropriate authority on its own ..... cordial relationship with a co-worker i.e. smt. vinita tiwari. respondent no. 2 was also served with a similar show cause notice for making false accusation of sexual harassment against mr. sandeep khurana and for breaching office discipline, decorum and decency and for failing to maintain formal, officious and cordial relationship with a co-worker. however, respondent .....Tag this Judgment!
Court : Orissa
Reported in : 97(2004)CLT782
..... a complaint with the appropriate authority.in particular, it should ensure that victims, or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. the victims of sexual harassment should have the option to seek transfer or the perpetrator or their own transfer.5. disciplinary action :where such conduct amounts to misconduct in employment ..... of its members as women with intimation to the petitioner. the petitioner will file her complaint before the said complaints committee indicating therein her specific allegations of sexual harassment by the principal shri saroj kumar tripathy and shri tripathy will be given reasonable opportunity to defend himself against those allegations. the complaints committee will be constituted ..... pressure or influence from senior levels, such complaints committee should involve a third party, either ngo or other body who is familiar with the issue of sexual harassment.the complaints committee must make an annual report to the government department concerned of the complaints and action taken by them.the employers and person-in-charge ..... . mohapatra explained that because of these facts, the petitioner has become frustrated and is levelling baseless allegations against the principal. he finally argued that the allegations of sexual harassment are all false and have been made by the petitioner to escape disciplinary proceedings initiated against her and the decision of the supreme court in visakha's case .....Tag this Judgment!
Court : Orissa
Reported in : 2001(I)OLR134
..... complaint with the appropriate authority.in particular, it should ensure that victims, or witnesses are not victimised or discriminated against while dealing with complaints of sexual harassment. the victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.5. disciplinary action :where such conduct amounts to misconduct in employment ..... regard should be created in particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in a suitable manner.10. third party harassment :where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person in charge will take all steps necessary and ..... judgment held that in absence of enacted law to provide for the effective enforcement of the basic human right of gender equality and guarantee against sexual harassment and abuse, more particularly against sexual harassment at work places, the following guidelines and norms were specified and laid down for due observance of all work places or other institutions, until ..... , published and circulated in appropriate ways.(b) the rules/regulations of government and public sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender.(c) as regards private employers steps should be taken to include the aforesaid prohibitions in the .....Tag this Judgment!
Court : Delhi
Reported in : 125(2005)DLT284; 2006(3)SLJ225(Delhi)
..... other factors, the manifest imbalance results in a disproportionate order.39. there is no gainsaying the importance of displaying sensitivity while considering appropriate penalty for a proved misconduct of sexual harassment. the measure adopted by the employer has to not merely be subjective, unlike other instances of misconduct; it services a wider purpose of assuring a safe workplace, ..... (cedaw), set up under the convention, adopted in january 1992 general recommendation no. 19 on violence against women. paras 17 and 18 recognized the ill effects of sexual harassment at the workplace, and subsequently provided for measures, to be taken by respective states for elimination of such practices. such practices have to be outlawed not only because ..... cannot be ruled out.32. vishaka and its subsequent application, by the supreme court, in the apparel export promotion case, were aimed at ensuring a workplace safe from sexual harassment, and protection of female employees from hostile circumstances in employment, on that account. the elaborate guidelines, evolved and put in place were a sequel to the court's ..... there has been a substantial change in the law. every employer is under an obligation to ensure safety of women employees, and provide mechanisms to deal with complaints of sexual harassment at the workplace. these requirements are not formal; the underlying purpose is to outlaw behavior that is unwanted or unacceptable. the employer thereforee is under a corresponding obligation .....Tag this Judgment!
Court : Supreme Court of India
Reported in : (2013)1SCC297
..... complaint with the appropriate authority.in particular, it should ensure that victims, or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. the victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.5. disciplinary action:where such conduct amounts to misconduct in employment as ..... protect women from any form of indecency, indignity and disrespect at all places (in their homes as well as outside), prevent all forms of violence domestic violence, sexual assault, sexual harassment at the workplace, etc; and provide new initiatives for education and advancement of women and girls in all spheres of life. after all they have limitless potential ..... regard should be created in particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in a suitable manner.10. third-party harassment:where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person-in- charge will take all steps necessary and ..... orders) rules, 1959.mizoramthe state of mizoram has amended civil services conduct rules and also constituted central complaints committee to look into complaints pertaining to cases of sexual harassment of working women at all workplaces for preservation and enforcement. a notification has been issued giving necessary directions to all private bodies.sikkimthe amendments in the civil .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1999SC625; 1999(1)CTC316; [1999(81)FLR462]; (1999)2GLR951; JT1999(1)SC61; (1999)ILLJ962SC; 1999(1)SCALE57; (1999)1SCC759; 1SCR117; 2000(1)SLJ65(SC); 1999(1)LC508(S
..... with the punishment imposed by the departmental authorities. the act of the respondent was unbecoming of good conduct and behavior expected from a superior officer and undoubtedly amounted to sexual harassment of miss x and the punishment imposed by the appellant, was, ihus, commensurate with the gravity of his objectionable behavior and did not warrant any interference by the ..... behavior of respondent did not cease to be outrageous for want of an actual assault or touch by the superior officer. in a case involving charge of sexual harassment or attempt to sexually molest, the courts are required to examine the broader probabilities of a case and not get swayed by insignificant discrepancies or narrow technicalities or dictionary meaning of ..... cultural rights contains several provisions particularly important for woman. article 7 recognises her right to fair conditions of work and reflects that women shall not be subjected to sexual harassment at the place of work which may vitiate working environment. these international instruments cast an obligation on the indian state to gender sensitive its laws and the courts are ..... unreasonably interfering with her work performance and had the effect of creating an intimidating or hostile working environment for her.28. there is no gainsaying that each incident of sexual harassment, at the place of work, results in violation of the fundamental right to gender equality and the right to life and liberty - the two most precious fundamental rights .....Tag this Judgment!