The Supreme Court has widened the ambit of the POSH Act, significantly strengthening workplace safety protections for women.

Background

• Filing of the Complaint: A 2004-batch Indian Administrative Service (IAS) officer alleged that an IRS officer sexually harassed her at her workplace.
  • Subsequently, a complaint under the POSH Act was presented before the ICC constituted under section 9 of the Act at the aggrieved woman’s department.
• Jurisdictional Challenge: The accused officer challenged the ICC’s jurisdiction before the Central Administrative Tribunal (CAT), claiming that only his own department’s ICC could inquire into the matter. 
  • The CAT, as well as the Delhi High Court, rejected his plea.
  • On further appeal, the Supreme Court examined the case.

Key Highlights of the Supreme Court Ruling

• Dr Sohail Malik vs Union of India case: The Internal Complaints Committee (ICC) formed in one department can entertain a complaint of sexual harassment under the POSH Act against an employee of a different department.
• Section 11 of the POSH Act: Section 11, which uses the phrase “where the respondent is an employee,” was held to be procedural and not jurisdictional.
  • The court clarified that “where” does not mean a physical place, but a situation or condition—meaning the ICC must conduct the inquiry as per the service rules applicable to the respondent, or follow prescribed procedures if no such rules exist.
• Rationale Linked to the Act’s Objective: Limiting jurisdiction to the accused’s department would create procedural and psychological barriers for aggrieved women.
  • Such an interpretation would defeat the social-welfare objective of the POSH Act.
• Role of the Internal Complaints Committee: The ICC’s role is confined to conducting a fact-finding inquiry.
• Employer’s Obligation under Section 13: Once the inquiry report is submitted, the employer of the respondent must act on it under Section 13 of the POSH Act.
  • The findings of an ICC constituted in another department remain binding.
• Right of Appeal: If the employer ignores the ICC’s findings, the aggrieved woman has a statutory right of appeal.

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