Prevention of Sexual Harassment

In a notable judgment upholding the principles of procedural fairness under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 ( POSH Act ), the Bombay High Court in Saurabh Kumar Mallick v. The Comptroller & Auditor General of India & Others highlighted the critical need for Internal Committees (ICs) to conduct impartial, transparent, and legally sound inquiries. The Court emphasized that while the POSH Act aims to protect women from harassment, it equally mandates adherence to natural justice for both complainants and respondents. The case involved Saurabh Kumar Mallick, a senior official, who challenged the findings of an Internal Committee that had found him guilty of sexual harassment. Mallick argued that the inquiry was conducted in violation of the principles of natural justice, including denial of opportunity to present his defense, absence of cross-examination, and lack of proper documentation of evidence. The Bombay High Cou...

Sexual harassment of women in workplaces is one of the major hurdles in gender equality. In an effort to enable a safe and inclusive workplace for women, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the rules therein (POSH Laws) were brought into force. The Prevention of Sexual Harassment (POSH) at workplace Act is applicable to every workplace, establishment, company or organization with more than 10 employees. What is Sexual Harassment? Sexual Harassment of a woman is the most daunting and demoralizing experience that an individual can go through at their workplace. It degrades the work environment and is a humongous hurdle for gender equality. It outrightly reduces an employee’s will to work and disrespects the fundamental rights guaranteed to individuals by the Constitution of India. What is POSH Act? The victims of sexual harassment face several physiological effects, such as stress, shame, guilt, depression and no employee woul...