-The Hindu Sexual harassment cases usually have a marked power imbalance between the victim and the accused; this may well affect the negotiation scenario, with the victim being unable to hold her own In recent times, the issue of sexual harassment of women at the workplace has assumed prominence with serious allegations being made against a former Supreme Court judge, whose court pronounced verdict on huge scams, and the editor of a...
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Mind the legal gap -Upendra Baxi
-The Indian Express The Justice Ganguly case shows up some lacunae. For one, the sexual harassment act will have to be changed to extend to unpaid interns. There is immense pressure from women activists, the media and some political parties for retired Supreme Court justice, A.K. Ganguly, to resign as the chairperson of the West Bengal Human Rights Commission for allegedly harassing a young intern. The courage of the young intern in...
More »The Unbearable Wrongness Of Koushal vs Naz Foundation -Gautam Bhatia
-Outlook Today's Supreme Court judgment that reverses the Delhi High Court judgment of 2009 is both constitutionally preposterous and morally egregious "If there is one constitutional tenet that can be said to be underlying theme of the Indian Constitution, it is that of ‘inclusiveness'. This Court believes that Indian Constitution reflects this value deeply ingrained in Indian society, nurtured over several generations... Where society can display inclusiveness...
More »Understanding Article 370 -Amitabh Mattoo
-The Hindu Article 370 was and is about providing space, in matters of governance, to the people of a State who felt deeply vulnerable about their identity and insecure about the future. At the Bharatiya Janata Party's recent Lalkar rally in Jammu, its prime ministerial candidate, Narendra Modi, called for a debate on Article 370. This is encouraging and suggests that the BJP may be willing to review its absolutist stance on...
More »Verma panel did a rethink on Vishakha guidelines -Manoj Mitta
-The Times of India The outrage over the Delhi gang rape spurred the enactment of two laws relating to gender reforms. The one widening the definition of rape and enhancing penalties for a range of sexual crimes was largely based on the recommendations of the Justice J S Verma Committee, which had been appointed post Nirbhaya. But when it came to the other law, which deals with sexual harassment at the...
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