Best Sexual Harassment Lawyers in India

After a sexual harassment complaint has been acknowledged and reviewed, the next decisive step under the POSH Act, 2013 is issuing a notice to the respondent. This stage is where the principles of natural justice come into play no individual can be judged without being informed of the allegations against them and given an opportunity to respond. For the Internal Committee (IC), this step is critical in ensuring fairness, transparency, and credibility in the inquiry process. 1. Timeline for Sending the Notice The POSH Act requires that the IC send a copy of the complaint to the respondent within 7 working days of receiving it. This ensures the process begins without undue delay and that the respondent is formally made aware of the allegations. 2. Contents of the Notice A well-drafted notice must strike a balance between clarity and confidentiality. It should typically include: A copy of the complaint (with sensitive personal details redacted, if necessary). A summary of allegations aga...

In a significant ruling highlighting the importance of timely action and procedural diligence under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 ( POSH Act ), the Calcutta High Court in Bidyut Chakraborty v. Visva-Bharati University & Others emphasized that delay in initiating action on sexual harassment complaints can defeat the very purpose of the law. The Court made it clear that both Internal Committees (ICs) and employers have an obligation to act promptly and decisively when such allegations arise. The case revolved around a senior university official, Bidyut Chakraborty, who faced allegations of sexual harassment raised by a woman employee. The complainant approached the Court after the university authorities delayed taking appropriate action on her complaint, effectively stalling the initiation of the formal inquiry under the POSH framework. The inaction led the complainant to seek judicial intervention to ensure enforcement...

Posh Act 2013 A recent FIR brought against two MNC employees that had already been cleared of all allegations by the PoSH Committee was dismissed by the Delhi High Court. An intern had allegedly been sexually harassed by the two workers. The PoSH Committee cleared the responders, nonetheless, after finishing the investigation. The legal issue that the Court was trying to resolve is a key part of this ruling: Can the FIR against the accused still stand if the PoSH Committee clears them of all charges? The Court noted that: The Committee was established as soon as the FIR was filed and the inquiry proceedings were held, 2. The Complainant informed the PoSH Committee shortly after that she did not wish to pursue her complaint, and 3, despite the Complainant failing to appear for cross-examination, the Committee continued the proceedings. 4. The PoSH Act, 2013, provisions were properly followed throughout the inquiry process, and  5. The committee issued the Final Report based on the m...