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    Power Dynamics and the ICC: Structural Limitations of the POSH Act
    (INTEGRITY EDUCATION INDIA, 2026) Faiz Osmani
    In order to offer a prompt, civil remedy for workplace harassment, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was passed. However, this chapter argues that the statute’s foundational reliance on an “Internal” Complaints Committee (ICC) is constitutionally fragile when applied to rigid corporate hierarchies. Section 4 of the Act unintentionally establishes a structural conflict of interest that disproportionately benefits senior management by requiring that the ICC be established by the company and made up mostly of workers. This chapter presents a critical legal analysis of the “Subordinate Judge” paradox found in Section 4(2), where a Presiding Officer, despite being at a senior level, is frequently required to decide complaints against a superior or a professional peer who is a friend or who they depend on for career advancement. It asserts that the ICC is no longer a neutral tribunal but rather an extension of the employer’s defense strategy due to this infringement of the principle of Nemo iudex in causa sua, which states that no one should be a judge in their own cause. The chapter also criticizes the legislative shortcomings of having just one external member, whose disapproval can be readily overruled by the internal majority. This chapter emphasizes the Chilling Effect that unchecked management power has on the inquiry process through a qualitative analysis of recent High Court rulings where inquiry findings were struck aside because of procedural prejudice. In order to guarantee a fair trial free from workplace hierarchies, the chapter ends with a proposal for legislative changes to the POSH Act that would require the externalization of inquiry panels in cases involving top executive responders.
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    Mass Surveillance and the Constitutional Right to Privacy
    (Book Rivers, 2026) Faiz Osmani
    The chapter examines the constitutional legitimacy of mass surveillance programmes in the digital era through the lens of the right to privacy as a fundamental right. Studying the landmark Indian Supreme Court decision in Justice K.S. Puttaswamy v. Union of India (2017), as well as European Court of Human Rights jurisprudence and Court of Justice of the European Union decisions such as Digital Rights Ireland, this chapter argues that while the state possesses a legitimate security interest, mass or bulk surveillance can only survive constitutional scrutiny if it strictly satisfies the three-level Doctrine of Proportionality: legality, legitimate aim, and proportionality stricto sensu. The chapter further examines how the collection of communications data generates a chilling effect on the fundamental rights of free speech and association. It concludes by proposing a Privacy-by- Design legislative framework that could reconcile the imperatives of national security with the inviolable constitutional core of human dignity.
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    Right to Repair and E-Waste: A Legal Analysis
    (MJS PUBLISHING HOUSE, 2025) Faiz Osmani
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    Ethical Dilemmas In Healthcare Legislation
    (Nitya Publications, 2025) Faiz Osmani