Tamil Nadu Becomes First Indian State to Mandate LGBTQIA+ Sensitisation in Medical Education.
Facebook, WhatsApp is Workplace Under Posh Law: Delhi High Court
Departmental Exoneration No Shield in Sexual Harassment cases.
Conundrum of Gender identities (sensitive data) in Educational Institutions.
The State of Tamil Nadu becomes the first to take a significant step toward inclusive healthcare to mandate LGBTQIA+ sensitisation and transgender health training across all levels of medical education.
The Tamil Nadu Medical Council (TNMC) has directed that every Continuing Medical Education (CME) Programme must now include sessions on- Inclusive healthcare practices, Ethical responsibilities of healthcare professionals toward sexual and gender minorities
The POSH Act was enacted with the core objective of protecting women from sexual harassment at workplace and ensuring a safe, dignified and respectful working environment.
But this immediately raises an important question- what exactly constitutes a ‘workplace’ under the Act and where does its ambit end? Can inappropriate interactions on these platforms also fall within the ambit of ‘workplace’ under the POSH Act?
The Hon’ble Delhi High Court has delivered several crucial legal issues regarding the scope of the workplace under the POSH Act.
The Hon’ble Delhi High Court has reaffirmed that being cleared in a departmental or ICC inquiry cannot automatically absolve an accused in a sexual harassment case. The Court emphasized that internal findings and criminal trials operate in distinct spheres with different objectives and standards of proof.
In this article, the authors have discussed the facts, key issues the precedents laid down by the court including the dictum where the sole testimony of the Complainant is sufficient to bring a conviction against the accused.
India has made a remarkable progress in recognizing the rights of transgender persons. Yet, despite legal reforms, true inclusion of transgender persons in educational institutions remains a challenge. The gap between policy and practice continues to impact thousands of students who deserve dignity, safety and equal opportunities.
In this article, the authors delve into the impact of NLSA Judgment on Education sector, various rights that the transgender persons have in an educational setting, the issue of sexual harassment and privacy and the conflict between the POSH Act and the Transgender Act.
