PoSH Case Law 2 Awareness PPT V11

DISCLAIMER

This online course content on ‘Prevention of Sexual Harassment

(PoSH) at Workplace’ is designed and laid out exclusively for

academic purposes only. The information and documents

included herein have been sourced from various sources and

Atyaasaa Consulting Foundation does not confirm the

authenticity of the same.

The views and opinions expressed herein have pure academic

value and the same may not be used for any legal purpose in

any judicial or quasi-judicial process. Atyaasaa Consulting

Foundation is not a replacement of a formal legal firm .

PREVENTION OF SEXUAL HARASSMENT

PROHIBITION AND REDRESSAL

CASE LAWS

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (prevention, prohibition and redressal) Act, 2013

Case law 2

U.S. Verma, Principal and D.P.S.

Case name

Faridabad vs. National Commission for

Women, Ms. Jayashri Kannan and Ors.

Non-Compliance with the Vishakha

Case matter

guidelines

Delhi High Court

Court

Vishakha guidelines; National

Acts and

Commission under the Protection of

sections

Human Rights Act 1993; National

Commission for Women Act 1990 Sec.10

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (prevention, prohibition and redressal) Act, 2013

Petitioners

U.S. Verma, Principal and D.P.S.

Faridabad

Ms. Jayshri Kannan, Ms. Shayista Jabeen

Raza, Ms. Shrini Kaul, Ms. Anju Gupta

and National Commission for Women

National Commission for Women and Ors.

Respondent

U.S. Verma and Ors.

Honourable Justice S. Ravindra Bhat

Judge

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLAC E (prevention, prohibition and redressal) Act, 2013

Case brief

Complainant – 03 lady teachers and 01 staff member

of the school

Principal in his reply denies the charge and alleges

false complaint owing to non performance and

likely removal of the 04 ladies

DPS appoints a 02 members committee of Dr.

Kamala Chowdhary and Ms. Sharada Nayak and this

committee files a final report to DPS management

holding the Principal guilty

CONTINUED…

DPS management appoints another committee

under Ms. Sharada Nayak

The complainant women refuse to appear before

this committee alleging bias and non compliance

with Visakha guidelines

Sharada committee prepares a draft report

exonerating the Principal of the charges

The complainant women appeals to the NCW for

justice and NCW takes up the case for hearing but

the respondent (the Principal) refuses to appear

before the NCW

CONTINUED...

The NCW also recommends termination of the

Principal

Based on the material evidence and the say filed by

the women the NCW pronounces the Principal guilty

The Principal and the DPS go into appeal with the

CJM and CJM upholds the decision of the NCW

The Principal and the DPS go into appeal in Delhi

High Court and the 04 women also go into an

appeal in Delhi High Court

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (prevention, prohibition and redressal) Act, 2013

Judgement

NCW cannot adjudicate

DPS having good credibility and repute did not act

in line with the same in this case

Vishakha guidelines not followed

Justice delayed, hence partial compensation

D.P.S. to pay amount of

 INR 2.5 lakhs to each of the petitioners

 INR 1.0 lakh to the fourth employee

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (prevention, prohibition and redressal) Act, 2013

Learning outcomes

Vishakha guidelines are sacrosanct while dealing

with the cases of sexual harassment

National Commission for Women have no

adjudicating powers

Procedural bungling causes delay in pronouncing

justice with an inherent potential of denying it

ultimately

Denial of justice can be partially mitigated through

award of financial compensation to the

REFERENCE MATERIAL

Case law (complete )

Case law (brief)

STAY CONNECTED

Atyaasaa Consulting Foundation

#501/D-5, Elite Gardens, Aundh

Pune - 411007 India

Tel: (+91) 20 2589 6445

Email: fountationinfo@atyaasaa.com

Website: www.atyaasaa.com

Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11

Made with FlippingBook - professional solution for displaying marketing and sales documents online