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Time of India
07-07-2025
- Politics
- Time of India
HC: Bar councils don't employ advocates, so no POSH panel
Mumbai: The Bombay HC Monday said the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, will not apply to complaints by advocates to bar councils as there is no employer-employee relationship between them, reports Rosy Sequeira. Tired of too many ads? go ad free now Hearing a petition seeking direction to bar councils to constitute committees to address sexual harassment complaints against advocates, a bench of Chief Justice Alok Aradhe and Justice Sandeep Marne said the POSH Act will apply to cases where there is a relationship of employer and employee, and the bar councils cannot be said to be "employer of advocates". However, the Act will be applicable to employees of the bar councils. Chief Justice Alok Aradhe and Justice Sandeep Marne were hearing a petition by UNS Women Association seeking direction to the Bar Council of India (BCI) and Bar Council of Maharashtra and Goa (BCMG) to constitute a permanent grievance redressal committee of women advocates in all state bar council offices and bar associations to address sexual harassment complaints against advocates as per the Supreme Court's Oct 2012 directions in Medha Kotwal Lele's case. The petition also sought implementation of the POSH Act and a committee of lawyers, NGOs, and retired women judges to review and look into lacunas in the Act. Senior advocate Milind Sathe, for BCMG, and advocate Shekhar Jagtap, for BCI, submitted that there is no employer-employee relationship between advocates and bar councils. Hence, the establishment of an internal complaints committee (ICC) is not applicable as per POSH Act. Tired of too many ads? go ad free now They said there is a provision for local committees headed by the district collector to receive complaints of sexual harassment for a workplace having fewer than 10 employees. However, neither ICC nor the local committees can be invoked by women advocates. Sathe said under Section 35 of the Advocates Act, 1961, there is remedy for professional and other misconduct. The judges referred to sections of the POSH Act relating to the constitution of ICC and local committees and also considered the definition of employer. In the order, they said it is evident that these provisions will apply to a case where there is a relationship of employer and employee. Therefore, neither BCI nor BCMG "can be said to be employer of advocates" and "therefore the 2013 Act will not apply to advocates," they added. However, the POSH Act will be applicable to employees of BCI and BCMG. Sathe and Jagtap said BCMG and BCI have constituted ICCs to address grievances of their employees. Additional govt pleader Jyoti Chavan said local committees have also been established. The judges noted that as far as the grievance of women advocates is concerned, there is a forum available under Section 35 of the Advocates Act. Disposing of the PIL, they said no further order is required to be passed.
India Gazette
07-07-2025
- Politics
- India Gazette
Farmers' convention in Shimla highlights widespread damage from four-lane projects in Himachal; call for long-term movement and rehabilitation
Shimla (Himachal Pradesh) [India], July 7(ANI): A convention of farmers and landowners affected by four-lane highway expansion projects across Himachal Pradesh was held in Shimla on Monday, jointly organized by the Himachal Pradesh Kisan Sabha, other farmers' groups, property owners, and activists associated with CITU. The gathering aimed to formulate a long-term strategy to raise voices against what participants called the 'destructive and unscientific' widening of national highways, which has resulted in land loss, displacement, and a threat to lives and livelihoods in several districts. The meeting saw participation from residents of nine panchayats located between Kaithlighat and Dhalli on the Shimla National Highway, among others. Farmers from affected zones across the state also joined the discourse, voicing concerns over inadequate compensation, damage to their homes, and environmental degradation resulting from unregulated hill-cutting and debris dumping by private contractors and the National Highways Authority of India (NHAI). Speaking to ANI, Kuldeep Singh Tanwar, President of Himachal Pradesh Kisan, said, 'Despite being near the state capital Shimla, the quality and monitoring of developmental works here are extremely poor.' 'Today's convention included affected residents from nine panchayats between Kaithlighat and Dhalli. The goal was to plan long-term agitation strategies and take the issue to both the state government and NHAI. The issue is not limited to Shimla it stretches from Parwanoo to Dhalli, and extends to all zones where highway, railway, hydroelectric and transmission projects are underway. These projects are impacting Himachal's delicate hill ecology and affecting small and marginal farmers,' he added. Tanwar pointed out that due to unscientific road cutting, heavy rainfall, and vibrations from machinery, several buildings have either collapsed or developed severe cracks. He cited the example of a multi-storey building in Bhattakufer (Shimla) that recently collapsed. 'Ranjana Verma's five-storey house in Bhattakufer was completely destroyed. We demand her immediate rehabilitation and compensation. Many other buildings have also become unsafe. In some cases, residents are unable to retrieve their belongings. Structural and non-structural cracks need to be assessed by a third-party expert body,' Tanwar said. He added,'If only a state-level engineers' committee is formed, it might not be acceptable to NHAI or the Government of India. Without proper structural evaluation, people will suffer endlessly. This must be treated with urgency and fairness.' Speakers at the event raised questions about the compensation formula that has been applied so far. Under the 2013 Act, they argued, affected farmers are entitled to four times the market value (Factor-2 compensation), not just double (Factor-1), which has been the prevailing practice. Tanwar noted, 'The Himachal High Court on May 22 struck down a 2015 notification that had capped compensation rates. Therefore, all acquisitions post-April 1, 2015 must now be recalculated under Factor-2.' He urged both the state and central governments to take swift action and implement the compensation promise made in the election manifestos of both the BJP and the Congress. 'We are determined to push forward the voice of the common people, especially small farmers, whose land and homes are being erased in the name of development,' Tanwar said. 'Rain not the cause, highway cutting was': says Victim Ranjana Verma, who lost her house and collapsed last week due to heavy rain, reportedly because of unscientific cutting on the Highway. 'My house collapsed, but not primarily due to rainfall. For over 18 months, the highway widening work was happening just above my home. The constant hill-cutting and vibrations from machinery severely destabilized the building. Iron bars used for slope protection caused tremors that ran through the structure. Rain was only a minor factor. It had only just begun. The real cause is unchecked construction,' she told ANI. Verma, who has now been rendered homeless, said she is not alone. 'Several others in Bhattakufer are living under constant fear. We want the government to provide all affected families with proper housing. This is not just about me it is about justice for everyone living in danger.' She warned that nearly a dozen buildings are marked unsafe and are at risk of collapsing one after another. The lack of demarcation, dumping, and unclear acquisition leaves farmers in the dark. Yogesh Verma, a farmer from Dhogi village panchayat, said, 'There is no clarity on how much land has been taken. While compensation is being deposited into our accounts, there is no proper demarcation on the ground. Debris dumping is severely damaging our small farms, pasturelands, and common village areas.' He added that due to the slope cutting for the four-lane expansion, both the upper and lower areas of his farmland have suffered. 'The agricultural system is completely broken. I don't know what logic was used to acquire the land. Under the 2013 Land Acquisition Act, an Environmental Impact Assessment and a resettlement plan should have been mandatory.' Verma emphasized that even though only one bigha or half a bigha may be affected on paper, it often amounts to the total landholding of a farmer in Himachal Pradesh. 'Every person's damage should be individually assessed. The company must take responsibility. Homes built above the four-lane zone are in constant danger from machinery-induced vibrations even if they fall outside the officially acquired width,' he added. Though Monday's convention involved nine panchayats, organizers said this was just the beginning. A wider movement will be launched soon to represent all affected regions. (ANI)
The Hindu
07-06-2025
- The Hindu
Govt. asks Commissioners of ULBs in Andhra Pradesh to ensure no person is engaged in manual scavenging
Following the directions issued by the Andhra Pradesh High Court as part of its judgment on April 23, the Municipal Administration and Urban Development (MA&UD) Department has asked the Commissioners of all the Urban Local Bodies (ULBs) to ensure the strict implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The court had emphasised the need for timely payment of compensation and provision of full rehabilitation measures, including employment to the spouse, free education to children, and appropriate skill training to the kin of the deceased sewer workers. Following the directions, the department had on June 6, 2025, directed the Commissioners of all the ULBs in the State to see to it that no person was engaged in manual scavenging and that all cleaning operations were fully mechanised. 'Manual entry into sewers or septic tanks shall be strictly prohibited under all circumstances,' an official release said. The release added that in exceptional cases, where manual intervention was unavoidable, prior approval must be obtained from the Commissioner concerned and all prescribed safety equipment must be provided in accordance with the PEMSR Act, 2013. In the event of death in a sewer or septic tank, irrespective of whether the deceased was employed directly, indirectly, or through a contractor, an ex gratia of ₹30 lakh shall be mandatorily paid to the next of kin by the agency concerned, the release said. The department also asked the Commissioners to ensure that FIRs were promptly registered against any individual, agency, or contractor under relevant sections, and set up a dedicated helpline or mechanism for reporting violations and grievances related to manual scavenging. The Commissioners had been asked to create awareness among municipal staff, contractors, and the public on the legal prohibitions and penalties associated with manual scavenging, and the rights and rehabilitation measures available to the affected persons. The 2013 Act deals with the provisions of sanitary latrines, identification of manual scavengers and their rehabilitation, responsibilities of local authorities for elimination of insanitary latrines, implementation mechanism, procedure for trial, vigilance committees and miscellaneous.
The Hindu
13-05-2025
- Politics
- The Hindu
Congress govt. is no different if anti-people development policies continue, says NAPM
There must be no hope that a government, such as the one by Congress, which replaced the decade-old autocratic rule by Bharat Rashtra Samithi would be any better. 'The Congress government is no different, it continues the anti-people and anti-nature model of development, and hence civil society must be alive to rebut its way and strengthen people's movements in Telangana,' said the Telangana People's Joint Action Committee (TPJAC). Along with National Alliance of People's Movements (NAPM), the Committee on Monday, with several grassroot leaders voiced against the 'destructive and anti-people' developmental framework of the State government in a roundtable held here at Sundarayya Vignana Kendram. According to rights activist G. Haragopal, who chaired the meeting, only people's movements can stop such a development model and cause an alternate development model to emerge. 'People's lives will be put in danger if the government continues environmental destruction in the name of development. It must re-think its design. Congress was believed to behave in a different way, but it is doing the same thing as the previous government,' he said. Leaders who stood up for various people's movements — Saraswathi Kavula on Mucherla Pharma City, retired IICT scientist K. Babu Rao on ethanol distilleries, Kiran Vissa on farmers' rights, Meera Sanghamitra and Nikitha on Damagundam Navy Radar Station, suspended headmaster Vijaya Kumar on Dilawarpur ethanol plant, and several legal and land rights activists — presented the ground situation, and their before-after experience with Congress leaders. 'We walked the Bharat Jodo Yatra, we rallied against BRS ways. Several Congress leaders too visited Mallannasagar, Mucherla, and Yadadri Thermal Power Plant, and objected to KCR's Land Acquisition Act of 2017, liquor sale in Telangana, and many other anti-people issues. But those very Congress leaders don't take calls, give us appointments now. Congress continues land acquisition like KCR, and in many ways behaves like BRS,' they said. According to TPJAC's Ravi Kanneganti: 'It is true that some representatives, who are not here, believe that criticising the Congress government would benefit BJP and BRS. But it is clear — the role of civil society is to stand with the people and their struggles and not with any party.' The collective made four demands: High-polluting industries such as ethanol, pharma and thermal projects must not be encouraged in the State; land acquisition must be done as per the 2013 Act; a fourth future city is unnecessary and the proposals must be withdrawn; and permission for Navy Radar Station to Indian Navy in Damagundam must be cancelled.
Time of India
30-04-2025
- Politics
- Time of India
Supreme Court sets July to hear matter over Lokpal's jurisdiction in examining complaints against judges
Live Events (You can now subscribe to our (You can now subscribe to our Economic Times WhatsApp channel The Supreme Court on Wednesday decided to hear in July arguments over an order of anti-corruption ombudsman Lokpal to examine complaints against sitting high court judges Justice B R Gavai , who was heading a special bench comprising Justices Surya Kant and Abhay S Oka, said the matter will have to go before another bench."It is something for the chief justice to decide," Justice Oka said, "it is a matter of propriety.""We will have it somewhere in July," Justice Gavai apex court was dealing with a suo motu proceeding initiated over the Lokpal's January 27 order on two complaints filed against a sitting additional judge of the high complaints allege the judge influenced an additional district judge in the state and a judge of the same high court slated to deal with a suit filed against the complainant by a private company to favour the private company, it was alleged, was earlier a client of the high court judge in question while he was practising as an advocate at the top court had on February 20 stayed the Lokpal's order, saying it was "something very, very disturbing" and concerned the independence of the then issued notices and sought responses from the Centre, the Lokpal registrar and the hearing the matter on March 18, the apex court said it would examine the issue over the jurisdiction of Lokpal in entertaining complaints against sitting high court asked senior advocate Ranjit Kumar to assist it as an amicus curiae in the general Tushar Mehta, appearing for the Centre, said a high court judge would never fall within the ambit of the Lokpal and Lokayuktas Act, its order, the Lokpal directed the complaints and relevant materials received in its registry in the two matters to be forwarded to the office of the Chief Justice of India for his consideration."Awaiting the guidance of the Chief Justice of India, consideration of these complaints, for the time being, is deferred until four weeks from today, keeping in mind the statutory time frame to dispose of the complaint in terms of Section 20 (4) of the Act of 2013," said the Lokpal bench headed by Justice A M Khanwilkar on January Lokpal added, "We make it amply clear that by this order we have decided a singular issue finally -- as to whether the judges of the high court established by an Act of Parliament come within the ambit of Section 14 of the Act of 2013, in the affirmative. No more and no less. In that, we have not looked into or examined the merits of the allegations at all."The order noted it would be "too naive" to argue that a high court judge would not come within the ambit of expression "any person" in clause (f) of section 14 (1) of the 2013 Act.
