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HomePublications – Deeksha Rai

Posts in category: Publications – Deeksha Rai

Kerala High Court ruling on voyeurism and privacy expectation

Kerala HC held that watching a woman and photographing her is not voyeurism under Section 354C IPC unless done in circumstances where she would expect privacy.

08/11/2024
by POSHequili

Facts of the Case According to the prosecution, on May 3, 2022, at approximately 4:30 a.m., the de facto complainant was standing outside her hous ...

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Bombay High Court ruling on Section 509 paperweight case

Bombay HC Quashes FIR Against Man Accused Under Section 509 For Moving Hands Over Nude Lady-Shaped Paperweight

18/10/2024
by POSHequili

Facts of the Case: Facts of the Case:Contentions of the Parties:Court's Observations:Court’s Order: The case involves an application under Sect ...

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Supreme Court of India hearing marital rape case 2024

Proceeding To Criminalize Marital Rape Has Begun in Supreme Court.

18/10/2024
by POSHequili

On October 17, 2024, the Supreme Court of India commenced hearings in Hrishikesh Sahoo v. State of Karnataka & Ors. (SLP(Crl) No. 4063-4064/2022) ...

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POSH Training

What is POSH Training?

14/10/2024
by POSHequili

The Government of India passed the Sexual Harassment of Women (Prevention, Prohibition and Prevention) Act (POSH) in 2013. The Act places the onus on ...

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Bombay HC grants relief to law student facing harassment allegations

Bombay HC Cautions Against ‘Academic Death,’ Grants Relief to Law Student Facing Multiple Sexual Harassment Allegations

11/10/2024
by POSHequili

Facts of the Case: The case revolves around a law student ('X') from Maharashtra National Law University (MNLU) who was expelled after being found ...

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Kerala HC quashes FIR against teacher in sexual assault case

Kerala HC Rules Physical Contact During Resistance Not ‘Unwelcome Sexual Overture’ and Quashes FIR Against Teacher

11/10/2024
by POSHequili

The sole accused in Crime No.675 of 2024 from Kalamassery Police Station, Ernakulam, filed a petition under Section 528 of the Bharatiya Nagarik Sura ...

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Responding To Sexual Harassment In Atypical Workplaces

Responding To Sexual Harassment In Atypical Workplaces 

24/09/2024
by POSHequili

Introduction A recent incident of workplace sexual harassment reported through X (formerly Twitter) has highlighted the concerns emerging in the c ...

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Andhra Pradesh High Court emphasizes proportionate punishment and judicial oversight in disciplinary actions.

Punishment Should be Proportionate, Courts can interfere where the Punishment is not Proportionate: Andhra Pradesh High Court

20/09/2024
by POSHequili

Introduction The petitioner is X, a Junior Assistant with Andhra Pradesh Special Police (APSP), Kurnool, who sought through a writ petition to qua ...

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Madras High Court dismisses writ petition citing private parties' exemption under Article 226.

Madras High Court dismissed the Writ Petition on the ground that the Respondents were private parties, and a Writ will not lie against them.

20/09/2024
by POSHequili

Introduction: The petitioner, thus, approached the present Hon’ble Court under Article 226 of the Constitution of India and filed a writ petition ...

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Delhi High Court holds institutions accountable for delays in sensitive complaint resolution.

Institutions cannot escape liability for dragging on these sensitive complaints: Delhi High Court

20/09/2024
by POSHequili

Introduction This case involves a petition revising the decision of Respondent to review a sexual harassment case that was at first heard and dism ...

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Madhya Pradesh High Court dismisses sexual harassment charges due to dying declaration.

Lack of reliable evidence in Dying Declaration leads to dismissal of charges in a Sexual Harassment Case: Madhya Pradesh High Court

13/09/2024
by POSHequili

Introduction: The case arises out of a petition under Section 482 of the Cr. P. C. seeking to quash the order of an Additional Sessions Judge, Bho ...

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Kerala High Court POSH Act ruling protecting women seeking employment.

Contrary to Kerala High Court’s Observation, the POSH Act Does Provide Protection for Women Seeking Employment

13/09/2024
by POSHequili

Facts of the Case: Several writ petitions were filed before the Kerala High Court regarding the inaction of the State Government on the Justice He ...

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West Bengal State Assembly passes new anti-rape bill

West Bengal’s New Anti-Rape Bill

06/09/2024
by POSHequili

The West Bengal government recently passed the "Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024" in the State Assembly. In ...

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Supreme Court developments in RG Kar Medical College Hospital case

Supreme Court Developments in RG Kar Medical College Hospital Case

23/08/2024
by POSHequili

Citation: Re: Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata and related issues | SMW(Crl) 2/2024 Facts of ...

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Bombay High Court ruling on offensive language in emails and social media under IPC 509

Bombay High Court held that offensive language used in emails or on social media can be subject to penal action for insulting a woman’s modesty.

23/08/2024
by POSHequili

Facts of the Case On August 21, 2024, the Bombay High Court addressed the issue of whether written insults, such as those conveyed through email o ...

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Justice Hema Committee report on challenges in the Malayalam film industry

Justice Hema Committee Report

23/08/2024
by POSHequili

Facts of the Case: The Justice Hema Committee report, which was publicly released on August 19, 2024, was initiated by the Kerala Government in 20 ...

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Supreme Court deliberating on POSH Act dashboards for transparency.

Supreme Court is contemplating requiring States and UTs to set up online dashboards that provide information about internal committees under the POSH Act.

16/08/2024
by POSHequili

Facts of the Case: The case Aureliano Fernandes Versus State Of Goa And Others pertains to the implementation of the Sexual Harassment of Women at ...

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Punjab & Haryana High Court warns about the impact of false sexual harassment

The Punjab & Haryana High Court stated that false sexual harassment allegations impose a significant psychological burden on innocent individuals who is accused.

09/08/2024
by POSHequili

Facts of the Case: The case revolves around a woman who filed a petition before the Punjab & Haryana High Court, seeking the registration of a ...

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Calcutta HC ruling on Section 354A IPC and female accused

Calcutta HC Held that Sexual Harassment under Section 354A of IPC Is Inapplicable to Female Accused

02/08/2024
by POSHequili

Facts of the Case: The petitioner/accused filed a criminal revision application under Sections 482 and 401 of the Code of Criminal Procedure, 1973 ...

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Gujarat Court ruling on personal details case, not sexual harassment

Gujarat Court Holds That Asking Personal Detail from An Unknown Woman Is Inappropriate but Not Sexual Harassment.

26/07/2024
by POSHequili

Facts of the Case In this case from Gandhinagar, the applicant was booked under Section 354A of the Indian Penal Code (IPC) for allegedly asking a ...

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What is Article 361

What is Article 361 and How Does it Grant Immunity to Presidents and Governors from Criminal Charges, Including Sexual Harassment?

03/05/2024
by POSHequili

Recent Incident: Governor of West Bengal CV Ananda Bose has been accused of sexual harassment by a contract employee at the Raj Bhavan in Kolkata. ...

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