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Kerala High Court observed that “The materials placed by the prosecution prima facie disclosed the existence of all ingredients constituting the alleged offences.”
The Supreme Court attributed the reluctance on the part of victims of Sexual Harassment at workplace to report the misconduct to, (i) uncertainty about who to approach under the Act for redressal of their grievance; and (ii) lack of confidence in the process and its outcome.
The Court was of the view that the petitioner’s utterances towards the victim and the allegations stated in the FIR, prima facie attract the penal provisions related to sexual harassment.
This order will not stand in the way of the Committee constituted under the Chairmanship of Justice K.Kannan (Retd.) to enquire into the matter as per the terms of reference and there will also be no fetters on the law enforcing agency from proceeding with the investigation in accordance with law.
by Tanya Agarwal†
The Karnataka High Court while expressing its shock over unlikeliness of sexual abuse in open places, quashed the charges of sexual harassment and fraud against the petitioner
Referring to the auto driver expressing his liking to the minor girl without any sexual intent, Bombay High Court granted anticipatory bail holding that he prima facie deserves protection from arrest.
In 2012, Pondicherry District Collector had initiated inquiry against the Aurobindo Ashram Trust following allegations of sexual harassment, suicide of inmates and serious malpractices in the functioning of the school run by the Ashram, made by an inmate, Vishnu Lalit Singh, and a then MLA Ashok Anand.
Kerala High Court directs college authorities to constitute a ‘Collegiate Students Redressal Committee’ after the Internal Complaints Committee report found the student guilty of sexual harassment, without giving him an opportunity of being heard. The Court noted that teachers must be encouraged to instill virtues and values in students from primary level.
The legislation in its own wisdom have planned to use the state machinery to investigate into all those offences, in which the women are poor victims of the atrocities committed by male.
If the act is not obscene, or is not done in any public place, or the song recited or uttered is not in or near any public place or that it caused no annoyance to others, no offence under Section 294(b) of IPC is committed.
In a case where a physics teacher was accused of sexual harassment and molestation of a minor girl, the Delhi High Court held that in dealing with such matters, paramount consideration must be given to the well-being of the child whose mental psyche was vulnerable, impressionable and in a developing stage.
Former Chief Justice of the Bombay High Court, Justice Dipankar Datta, was sworn in as a Supreme Court Judge. His appointment now raises the judicial strength of the Supreme Court to 28 out of total strength of 34 judges
Gujarat High Court denied showing any leniency while deciding bail application of accused charged with offences under POCSO Act.
If the Court would allow such an interpretation, then this provision would become redundant, and a floodgate of law graduates, who may not be enrolled with the bar councils to become an ‘advocate’ but are still practicing law, would pour in. The purpose of keeping the proceedings fact-based and free expert legal advisory, would be lost.
Sessions Court, Borivali Division, Mumbai: In a case filed by a minor girl against the accused for offences under Sections 354, 354-D,
Madras High Court: In a criminal original petition filed under Section 482 of the Code of Criminal Procedure (CrPC) for
Patna High Court: In a writ petition concerning the transgender community, the division bench of Sanjay Karol, CJ. and S. Kumar, J.
Kerala High Court: In a disturbing case where a German National, who came to India on a 1-year visa for NGO volunteer
“The facts of this litigation are quite heart-breaking and at the same time, more disturbing is the utterly incomprehensible impugned judgment of the High Court discharging the accused of the offence of rape essentially on the ground of delay in the registration of the FIR.”