Kavitha Gupta's blog

Mere Physical Contact Without Sexual Overtones Would Not Amount To Sexual Harassment At Workplace : Delhi HC [Read Judgment] BY: APOORVA MANDHANI NOVEMBER 2, 2017 1:36 PM 2.5K SHARES Change Font Size The Delhi High Court, on Tuesday, refused to ca... The Delhi High Court, on Tuesday, refused to categorize every unwelcome physical contact as sexual harassment. Justice Vibhu Bakhru explained, “Undoubtedly, physical contact or advances would constitute sexual harassment provided such physical cont... Read more at: http://www.livelaw.in/mere-physical-contact-without-sexual-overtones-not-amount-sexual-harassment-workplace-delhi-hc-read-judgment/

This judgment reinforces the quasi-judicial authority of ICC to take action against the perpetrator without interference of the Court on Sexual Harassment matters if the ICC's decision is based on clear evidence and principles of natural justice. Interesting read! India : Delhi HC Judgement Upholds Termination Of Senior Executive For Sexual Harassment At Workplace Last Updated: 27 January 2016 Article by Sunil Kumar Singhania & Partners LLP, Solicitors and Advocates A recent judgement of the Delhi High Court comes as a major landmark in India in validating the order of termination of the employee's services on the basis of the Internal Complaints Committee (ICC) of a company, upholding charges of Sexual Harassment by a junior female staff complaining of Sexual Harassment by him. The High Court rejected the male supervisor's Petition challenging the findings and conclusions of the ICC. Among the various reasons recorded in the order, the Court rule...

One of the interesting judgment of Madras High Court wherein the company paid nearly Rs. 1.68 crores for non-constitution of the sexual harassment committee.   In this case, the HC held that it is the duty of the employer to provide safe environment and the court  rejected the argument that the vicarious liability of the employer is not applicable as the grievance is between co-worker and worker.   This case law reminds that even a company could be liable for huge damages if it fails to takes appropriate action.   I am sure this is just a beginning and will open doors for aggrieved person to seek damages from the company apart from the perpetrator for any wrong doing. In the recent case of ISG Novasoft Technologies Ltd. Vs. Mr. Justice T.N.C. Rangarajan, the High Court of Madras (“HC”) has directed  a company to pay compensation of Rs. 1.68 crores for not constituting the Committee to deal with sexual harassment issues (“Vishakha Committee”)  as mandated by...