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Respect to women who survive this, even more respect to women who can make even an inch of a difference in bringing in change. And empathy to the women who have become hard and cynical (and then stereotyped, having tried to survive this.
I'm sorry for this incident. @OP, I hope you find the support you need.
So the company that terminated me from company suddenly was just abfew days after I wrote to senior management how HR was in collusion with the sexual harassers and had refused to give me the final report in my complaints of harassment.
In r
More than nine months after her 18-year-old brother was lynched and her mother disrobed and thrashed allegedly by those threatening her to withdraw the sexual harassment case, the woman has died under suspicious circumstances and her uncle has been murdered.
w Delhi: A young Dalit woman’s refusal to withdraw a sexual harassment complaint against four influential men in Madhya Pradesh’s Sagar district in 2019 has brought devastating consequences to her and her family.
===========================================
Hungary's first female president resigned after a controversial pardon she granted in a pedophilia case threatened to taint Prime Minister Viktor Orban months before local and European elections. Katalin Novak, a rare woman in high office in Hungary after Orban tapped her for the largely ceremonial role in 2022, announced she was quitting in a televised speech on Saturday. Novak last year pardoned the deputy director of a children's home who had coerced children to withdraw testimonies against his boss, who had sexually abused them. Her speedy resignation, just over a week after the first report of her clemency emerged, may limit the political damage to Orban ahead of European Parliament and municipal polls.
Suno Draupadi Shastra Utha Lo by Pushyamitra
This poem written in 2012 after the Nirbhaya case
सुनो द्रोपदी शस्त्र उठालो, अब गोविंद ना आयेंगे
----------------------------------------------
छोडो मेहँदी खड्ग संभालो
खुद ही अपना चीर बचा लो
द्यूत बिछाये बैठे शकुनि,
मस्तक सब बिक जायेंगे
सुनो द्रोपदी शस्त्र उठालो, अब गोविंद ना आयेंगे |
कब तक आस लगाओगी तुम,
बिक़े हुए अखबारों से,
कैसी रक्षा मांग रही हो
दुशासन दरबारों से |
स्वयं जो लज्जा हीन पड़े हैं
वे क्या लाज बचायेंगे
सुनो द्रोपदी शस्त्र उठालो, अब गोविंद ना आयंगे |
कल तक केवल अँधा राजा,
अब गूंगा बहरा भी है
होठ सी दिए हैं जनता के,
कानों पर पहरा भी है |
तुम ही कहो ये अश्रु तुम्हारे,
किसको क्या समझायेंगे?
सुनो द्रोपदी शस्त्र उठालो, अब गोविंद ना आयंगे |
~ पुष्यमित्र उपाध्याय
The poem says, (translation)
"Leave the henna, hold your sword firmly,
Save your own honor.
Shakuni sits, spreading his deceitful game,
All heads will be put up for sale.
Listen, Draupadi, raise your weapon, for Govinda won't come now.
How long will you rely on false hopes,
From the corrupt newspapers?
What kind of protection are you seeking,
From the court of Dushasana?
Those who themselves lack shame,
How will they save your honor?
Listen, Draupadi, raise your weapon, for Govinda won't come now.
Until yesterday, only the blind king (Dhritarashtra) ruled,
Now even the deaf are in power.
The people have given their voice,
But they have fallen on deaf ears.
Who will understand your tears,
And whom will they explain to?
Listen, Draupadi, raise your weapon, for Govinda won't come now.
A judge refuses to frame an issue of sexual harassment on a woman's application..This us an actual Court of fer.Even presuming this order to be right but on a human level its just a slap in the face of a victim of sexual harassment.
RCUDA)No. 200/2017
Exh. O-
BEFORE SHRI. D. R. DANDE, PRESIDING OFFICER,
THIRD LABOUR COURT, MUMBAI.
REFERENCE (IDA) NO. 200/2017
CNR NO. MHLC01001032-2017
M/s. J. P. Morgan Services India
Private Limited. . First Party
V/s.
Smt. Praggna Pujara .. Second Party
In the matter of application for framing additional issues.
Coram : D. R. Dande, Presiding officer.
Appearances : Shri. Prashant Tawade, Representative for First
party.
: Second Party in person
ORDER BELOW EXH.U-55
(Passed on: 17/12/2022)
1) This is an application moved by workman for framing additional issues and for keeping matter at the stage of documents,so parties can admit or deny the documents filed or to be filed by each other.
2) Read the application. Perused say.
3) Heard both sides.
4) Gist of the application is that, despite of specificpleadings, Court has not framed proper issues. Therefore, for deciding controversy between the parties, it is necessary to frame additional issues. It is also the contention of the workman that,
Court after framing issues has directly posted the matter for evidence of second party. So opportunity of admission and denial
of the documents or stage for filing documents is dropped by the Court. Hence it is necessary to keep the matter for filing
documents.
Applicant second party has prayed for framing following additional issues.
(1) Whether 1st party proves it complied principles of natural justice and followed due processes and applicable laws on the
2™ party's complaints of harassment prior to termination?
(2) Whether 2” party female workman proves she was harassed, sexually and/or non sexually, by 1st party's officials/staff ?
Whether the 2nd party proves termination of 2nd party by the1st party was a retaliatory punitive victimization and unfair
labour practice against 2™ party for escalating and asserting rights of redressal and report/s in her complaints/ reporting of
harassments?
(3) Whether 1st party proves the termination order of 14/11/2016 to be termination simpliciter? Whether 1st party's proves
termination ground of loss of confidence to terminate 2nd party workman as legal, justified and valid grounds?
5) In support of her application, second party has relied on following authorities-
(i) J. K. Iron And Steel Co. Ltd. V/s. The Iron and Steel Mazdoor
Union, (SC), 1956 AIR 231
Gi) Shankar Bhimrao Kadam and Ors V/s. Tata Motors Limited
(Bom.H.C) in Writ Petition no. 5566/2017 , decided on 26" February
2022.
ii) Shri. Sunil Pralhad Khomane & Ors V/s. M/s. Bajaj Auto Ltd, Akurdi, Pune (Bom. H.C) in Writ Petition no. 4502 of 2006, decided
on 1* February.
(iv) Maddala Sai Lakshmi Vs. Medisetti Lakshmi Harass ma (Andhra Pradesh H. C) decided on 2°? March-2006- 2006 (4) ALD
46, 2006(3) ALT 708-11
(v) Makhan Lal Bangal V/s. Manas Bhunia and Ors (S.C) , decided on 3“ January 2001- 2001 (1) SCR 17.
(vi) The Agricultural Produce Marketing Committee Banglore V/s. The State of Karnataka & Ors (S.C), Civil Appeal No. 1345-
1346 of 2022 decided on 22/03/2022.
I have carefully gone through the above authorities.
6) Application is opposed by the first party by filing detail say at Exh. C-33. Gist of the say filed by the first party is that,
Court has considered the pleadings of the parties and framed proper issues. Therefore, there is no need to frame additional
issues. Present application by the second party is entirely baseless and an attempt to delay a hearing on the merits of the matter. The second party by the said application is merely seeking to abuse the due process of this Court and is attempting to have this Court frame further/additional issues for which the second party has filed
no pleadings in support. Therefore framing of any of the issues as sought by the second party would amount an overreach, inasmuch
as it is fundamental principle of law that a court my only decide the issues of law and fact as pleaded by the parties before it. The
present application ought to therefore be dismissed at the verythreshold itself.
7) Before touching to the merits of the case, I would like to mention here scope and jurisdiction of Labour Court while
deciding Reference made by Government. In that regard, two authorities of Hon'ble Supreme Court are important.
One of the questions which fell for consideration for Hon'ble Supreme Court in Delhi Cloth and General Mills Co. Ltd. vs. The
Workmen and Others (AIR 1967 SC 469) was that what are the powers of the appropriate Government while making a reference
and the scope and jurisdiction of Industrial Tribunal under Sections 10 of the Act. Hon'ble Justice Mitter, speaking for the Bench, held
as under:
"(8) Under_S. 10(1)(d) of the Act, it is open to the appropriate Government when it is of opinion that any industrial dispute exists to
make an order in writing referring "the dispute or any matter appearing to be connected with, or relevant to the dispute,.....to a Tribunal for adjudication” under_s. 10(4) "where in an order referring an industrial
dispute to a Labour Court, Tribunal or National Tribunal under this section or in a subsequent order, the appropriate Government has specified the points of dispute for adjudication, the Labour Court or the Tribunal or the National Tribunal, as the case may be, shall confine its
adjudication to those points and matters incidental thereto.”
(9) From the above it therefore appears that while it is open to the appropriate Government to refer the dispute or any matter appearing to be connected therewith for adjudication, the Tribunal must confine its
adjudication to the points of dispute referred and matters incidental thereto. In other words, the Tribunal is not free to enlarge the scope of the dispute referred to it but must confine its attention to the points specifically mentioned and anything which is incidental thereto. The word ‘incidental’ means according to Webster's New World Dictionary : “happening or likely to happen as a result of or in connection with
something more important; being an incident; casual; hence, secondary or minor, but usually associated :
"Something incidental to a dispute” must therefore mean something happening as a result of or in connection with the dispute or associated with the dispute. The dispute is the fundamental thing while something
incidental thereto is an adjunct to it. Something incidental, therefore,
cannot cut at the root of the main thing to which it is an adjunct to Hon'ble Supreme Court in the case of Oshiar Prasad & Ors
vs Emp. In Rel.To Mgt.of S.C.Washery ... on 2 February, 2015
(Bench: Hon'ble Justice Fakkir Mohamed Kalifulla and Hon'ble Justice Abhay Manohar Sapre) has relied on the case of Delhi Cloth &
General Mill (cited supra) and observed in paragraph no. 25 as
follows-
“25. It is thus clear that the appropriate Government is empowered
to make a reference under Section 10 of the Act only when's "Industrial dispute exists” or "is apprehended between the parties”.
Similarly, it is also clear that the Tribunal while answering the reference has to confine its inquiry to the question(s) referred and
has no jurisdiction to travel beyond the question(s) or/and the terms of the reference while answering the reference. A fortiori, no inquiry can be made on those questions, which are not specifically referred to
the Tribunal while answering the reference.”
So on perusal of above two authorities, it is ample clear that Labour Court has to confine its enquiry to the question referred
and _ has no jurisdiction to travel beyond the question referred to it.
Let me now re-produce the question referred by Government to this Court for adjudication.
8) Let me now re-produce the issues framed by me.
1) Whether the second party proves that, she falls under the
category of workman as defined under section 2(s) of the I. D.
Act, 1947?
2) Whether the second party proves that, dispute between her
and first party is Industrial Dispute within a meaning of
Section 2(k) of the I. D. Act?
3) Whether the second party proves that, her services were
illegally terminated by the first party w.e.f. 14/11/2016?
RCUDA)No. 200/2017
6
4) Whether the reference is maintainable?
5) Whether the second party is entitled for reinstatement in her
original post with continuity of services, full back wages
w.e.f. 14/11/2016 alongwith other consequential benefits ?
6) What award?
This Court keeping in the mind settled legal position regarding scope of the enquiry framed above issues.
9) So far as proposed additional issue no. 1 is concerned, second party workman is praying for framing issue that whether
first party has followed the laws applicable to second party in the complaint of harassment prior to termination?
In my view this issue is beyond the scope of the enquiry pending before this Court. Whether first party has followed
applicable laws is not a question before this Court. So, there is no need to frame additional issue as prayed by the second party.
10) So far as proposed second issue is concerned, it is pertinent to note that workman has to prove before the Court that,
she is illegally terminated from service without following due procedure of law. In that regard, Court has framed issue no. 3.
Scope of the issue no. 3 is very wide. It covers all alleged harassment at the hands of first party and its officers. She has to
prove that, she is victimized and first party has adopted unfair labour practices. So proposed issue no. 2 is covered by issue no.3.Workman has to prove that she is illegally terminated from theservice,so issue no.3 is framed by this Court .
11) Turning towards the proposed third issue. During the enquiry, second party has to prove that her termination is illegal
and first party has to justify the action of termination. So proposed issue no. 3 is also covered by issue no.3 framed by this Court.
There is no need to frame additional issue no.3 as prayed by second party. Again I have to mention that scope of Issue no. 3 framed by this Court is very wide.
12) So far as question of posting matter for the stage of documents is concerned. Both the parties have already filed
number of documents on record. Workman has already filed document below list Exh. U-6, Exh.U-40, Exh.U-46, Exh.U-51 and
Exh. U-54. However, if one or more documents remained to be
filed, workman can file it/them with her affidavit of examination in chief and prior to facing further examination in chief, other party can admit or deny said documents and the documents already filed. Considering the fact that, matter is time bound by Hon'ble
Supreme Court, we have to expedite enquiry. Accordingly, enquiry is expedited. Liberty is granted to parties to file documents on next
date. In short, there is no merit in the application . Accordingly, it is liable to be rejected. Hence following order is passed.
ORDER
1) Application stands rejected.
Digitally signed by
DNYANESHWAR
RAMESHRAO DANDE
Date: 2022.12.21
11:30:53 +0530
Date- 17/12/2022 (D.R. Dande)
Presiding Officer
SSA Third Labour Court, Mumbai.
Do get their law firm registrations cancelled.But getting even the permanently cancellation is next to impossible unless you take up Criminal prosecution of these Advocates.Just recently the Bombay High Court denied anticipatory bail to a lawyer for forging a bail order.The law firms actions are criminal offenses too.
It takes a lot of time for all these things to come out.And thats because comments like this are meant to prevent them from coming out.
If this is the rumoured burial of a POSH complaint inside " merit based " law firm like Trilegal I completely believe every word written above.In all sexual harassment cases there is an attempt to intimidate victims and if that doesnt work they go after the family.Hi tell you that apart from cancelling the law firms license you should seek cancellation of every Advocates sand who you can identify directly or indirectly committing such cheap crimes.They are rapists in every sense of the term.LAW FIRMS LIKE THIS are NOT JUST PIMPS ,ThEY ARE VULTURES (actually worse tgan vultures, because vultures don't make perpetual retirement income at live victims.They at least have the decency for people to die naturally.)I wouldn't be the least surprised if any T1 law firm even big names like Trilegal or CAM or JSA are up these criminal misconducts.
Rape Survivor Forced To Compromise, Thrown Off Car
==================================================
AGRA: A 25-year-old woman, who was reportedly gang-raped at a homestay in Agra in November 11, was forced to sign "compromise documents" and subsequently thrown out of a speeding car on Sunday. She was discovered lying unconscious on the road, police said.
According to the police, the survivor recounted that she was invited for a meeting by a friend at a restaurant on Sunday, during which her drink was spiked. Subsequently, she was coerced into signing a compromise letter in favour of the gang-rape accused, currently incarcerated. Following this, she was ejected from a moving car.
DCP Suraj Kumar Rai stated on Monday, "The woman was taken to the hospital for a medical examination and further treatment. She was unable to communicate effectively. An FIR will be registered soon, and appropriate action will be taken based on the received complaint."
The woman had been employed at a guesthouse for 18 months. Five individuals, including the manager, were recently apprehended and incarcerated, according to the police.
Earlier, distressing videos, purportedly featuring the woman, circulated online, where she could be seen crying and pleading: "I have four daughters; they are all very young. Please save me. See what they did to me" (pointing to her torn clothes).
Then these lawyers will hold press conference about the pro-bono work they do for women victims or NGOs or the latest fashion being they will keep sermons of how they pay highest salary to associates because they believe in "meritocratic culture"
Seen and read many cases whenever the lawyers and LAW firms that specializes in these crimes and filthy cheap offenses of stalking, 24*7 spying on women and sending men to rape the victim if she refuses to withdraw or refuses a forceful settlement hide behind their Advocate robes and demand "PROOF", destroying the victims family eligibility to get a house and then when victins is looking for rental houses go there posing or calling victim up as fake real estate agents to trap the victim, checking every letter or packages to the victims house (that fingerprints get scanned because the victim knows that every letter or parcel or package that comes to the her house contains the unauthrised stalker's fingerprint),sending their own known circle of lawyers to offer " advice"to victim into making her fslsely believe she doesn't gave a "strong case", sending their own interns to follow the victim sbd her family in Court rooms, tracking and hacking the phones of victim and her family (when the accused's company is a billionaire global financial TECH giant,you gave easy access to hackers) etc .
There is no perfect crime and no perfect criminal.There maybe not " proof" but there is enough to show a witch hunt on a victim.Enough to point the fingers at the accused company and these law firms.
These same law firms and lawyers,who by the way are even hacking the victim phone, will even make these large statement in loud volume ,on websites like LI where the victim posts these realities anonymously, of " We put her to the highest standard of proof" ,"Tell her to prove" etc.These pimps are not being led or directed by pan chewing bouncers, but in many a cases are being told directions by woman partners holding a Equity partner title in T1 law firms returned as Foreign LLMs holders who don't have any concept of decency.It is women who lead such cases because should the law firm ever get caught for such cheapness and perversion they can hide their offenses and perversion saying a women partner will not do thus to another women and if proved they can ask fir leniency in the womanhood of the Disputes Equity partner.UFF THE IRONY!!!
But reality of this pimp-ring which includes even "public"ity interest lawyers that everything is a planned movie,knowing that this is outright criminal acts, including having women partners execute the 24*7 stalking, the dragging of widowed mothers of victims into cases and implicating the family in false cases while on public platforms these very sane T1 law firms and these women partners will lead round table conferences on gender equalization in India,Arbitration matters etc.
The truth does come out.One can maintain a perfect record of all these circumstance and instances especially if your life is endangered whichever it automatically will be if you are fighting a gigantic corporation with this kind of lawyers or law firm.If something happens to the victim or family the first necks to be caught or investigated should be these " lawyers" of such a law firm.
THIS IS NOT ADVOCACY,ITS RAPE ALBEIT A MENTAL RAPE ON ENTIRE FAMILY of VICTIM.THE SUPREME REALITY IS SUCH LAW FIRMS ARE NOT JUST THE PIMPS OF RAPISTS AND SEXUAL HARASSERS,THEY ARE THE RAPISTS TOO.
THAT IS THE REAL BUSINESS OF THESE LAW FIRMS AND THEIR "FAT FEES" is SAME AS CRIME OR PIMP MONEY.
There are threats by society with the name's, law firm's names.There are morphed fake "pornish" videos circulated of me in my locality.There is proof of watchmen giving out my family's movement information.There is enough to show my family being trapped in false cases to keep the family entangled in legal mess so as to make us succumb to blackmail and fierce me into withdrawal or sexual harassment case.There is proof of this pervert law firm digging up my sexual history and approaching my college or school friends , acquitances and old colleagues.I have proof of an ex boyfriend repeatedly chasing me and attempting to extract information about my case.He also kept trying to restart the relationship with attempts to get "intimate photos and videos", I never let that happen and I had lost all interest in life (that's why the law firm then made fake videos of me to circulate in.my locality ).I have proof of payoffs to a supposed friend who kept telling me to "move on" and give up my sexual harassment case.This was even before i had filed my complaint,so they have been ohysically aurveilling and soying on me from the time I was still employed with the company.I have proof of another friend who was my confidante when I discovered that his employers real estate cases
Regarding this thread https://www.legallyindia.com/convos/topic/316245-reality-of-sexual-harassment-cases
You are called upon to immediately delete all comments naming me or referencing me in this thread failing which a criminal case will be initiated against you and this website.
The following comment by me should instead be published.
"Regarding Ms Seema Sapra - She faces a threat to her life on account of two main reasons. The first are her whistle-blower corruption and fraud complaints against General Electric Company which have not been investigated. The second are her sexual assault and harassment complaints against two prominent lawyers. These have also not been investigated.
This platform has repeatedly been used to spread disinformation against her and to target her. Any attempt to do that again will result in a court proceeding.
Also, Ms Seema Sapra has never filed a PIL. She has filed writ petitions as an aggrieved person. Not PILs.
Ms Seema Sapra does not want her cases or her situation discussed on Legally India due to an ongoing criminal conspiracy and attempts to murder her for which she has initiated proceedings in the Delhi High Court and the Supreme Court. Further information can be sought directly from her at seema.sapra@gmail.com"
Seema Sapra
This is indeed Seema Sapra
https://www.google.com/amp/s/en.themooknayak.com/amp/story/sexual-violence/female-civil-judge-in-uttar-pradesh-seelse euthanasia.
Sexual ViolenceFemale Civil Judge in Uttar Pradesh Seeks Euthanasia Over Workplace Harassment
==============================================================================
In her plea, she questions her ability to deliver justice to others when she feels hopeless herself.
Satya Prakash Bharti
Published on: 15 Dec 2023, 4:18 pm
-
Banda- In Uttar Pradesh, a woman civil judge in Banda has written a poignant letter to Chief Justice of India (CJI) DY Chandrachud, seeking euthanasia. The three-page letter expresses her disillusionment with the Protection of Women from Sexual Harassment (POSH) Act, stating that it is a significant falsehood where her concerns go unheard.
She also mentioned an incident from her Barabanki posting, where she faced misconduct from the Bar Association office bearers, the letter reveals her physical and mental distress, compelling her to seek permission to end her life. She accuses the District Judge of unreasonable demands, highlighting concerns about women's workplace safety. Chief Justice DY Chandrachud has expedited an investigation, acknowledging the seriousness of the matter.
The junior division judge experienced humiliation in a crowded court a year ago on October 7, 2022. She documented this incident, in the official records, suggesting mental exploitation.
According to the record, at 11:10, the judge began her judicial duties when Bar General Secretary Ritesh Kumar Mishra, Senior Vice President Mohan Singh, and other officials, along with advocates, entered the courtroom, disrupting the judicial proceedings. The advocates reportedly threatened the judge, questioning her support and accusing her of having a troubled mins
....
Law firms and lawyers employ such witness and victim intimidation practices outside Court and pressure them to withdraw these cases or give hostile or false testimony.This is real but since it happens outside the Courts the interference in administration of justice does not come on record.
Law firms doing this for big clients,which definitely make it commercially viable, is already well known in legal circles.And where companies get involved, the law firm violating laws is pretty much a norm since the law firm will not want to lose the company as client.
I am willing to believe that you were subjected to harassment at first instance, but to say a law firm is sending someone to rape you or spying on your family 24x7?
Law firms do not engage in such practices because its not commercially viable or necessary for them to make money
In my 20 years in the legal field I know of no such service provider 😐
Fantastic claims need very high levels of proof
Seen the movie Damini?its just the tip of the iceberg of the real problems faced by women in sexual assault and sexual harassment cases.Amrish Puri will seem like a saint when I tell you what my opponent law firm in my sexual harassment case is upto which is in Court defending the ex employer for dismissing me for making complaints of sexual harassment.The ex employer company is a global brand.
I am being stalked ,followed and spied on 24*7 by goons and agents of this law firm and its lawyers.Not just me,but my entire family is being stalked and spied upon by these pimps of the sexual harassers (they are not worthy of being called lawyers or law firm)This law firm even sent a drug addict to rape me.I escaped and filed complaint with Policeman -THEY NEVER EVEN REGISTERED A FIR.They are now implicating me and my family in false cases teaming up with my Housing society and interfering in a 30 year old legal matter. They are bribing Court staff and clearly they have some far too "supportive" Judges(at High Court).My issue is they are bent on driving me to suicide since I refused to take money and "settle the case".
I have no agency and no Court to help me because they are stalking me ,approaching the lawyers I go to and threatening /driving my lawyers to ensure I don't get legal advise and legal representation.
The Lower Court Judge gives the company and its lawyers red carpet treatment,so getting Contempt reference is impossible.I have been told in hushed whispers by lawyers who declined my case saying "too busy" (dont want to get involved in a case where they say they are facing "pressures")that for the illegal and criminal a activities of law firm its best to file complaint at Bar Council and seek cancellation of license.
Any advice?