Case Law Details
Bhuwan Chandra Pandey vs Union Of India And Others (Uttarakhand High Court)
More than two decades have elapsed since the Supreme Court passed a landmark judgment in case of Vishakha vs. State of Rajasthan AIR 1997 SC 301, and formulate the famous ‘Vishakha guidelines‘, which inter alia providing guidance for the resolution of complaints through internal complaint mechanisms in cases of sexual harassment by women employees.
It was also recommended that the Central and state governments shall adopt legislation to assure that employers in the private sector observe the guidelines properly. Still, it was only in 2013, when the Nirbhaya case caused a massive outcry that the central government was forced to enact the Sexual Harassment of women at Workplace (Prevention, Prohibition and Redressal) Act or commonly referred to as POSH amongst a swerve of other common reforms intending to address sexual violence issues against the women.
However, it is still a sad fact that despite the legislative reforms created by the POSH Act and Vishaka guidelines, there is still no unanimity regarding the standards on the evidence presented and evidentiary and the procedures to be followed during the course of examination/inquiry.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
