Why in the News?
Recently, Supreme Court in Dr. Sohail Malik v. Union of India & Anr case 2025 has expanded the ambit of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 or PoSH, Act 2013.
More on the News
- Supreme Court held that a woman harassed at workplace by a person outside her organisation may file a complaint with Internal Complaints Committee (ICC) of her own workplace, and not before ICC of third party's establishment.
- It enables ICC constituted at aggrieved woman's workplace to exercise jurisdiction over an employee of a different workplace.
Key Provisions of PoSH Act 2013
- POSH Act is drawn from the judgment of Supreme Court in Vishaka v. State of Rajasthan (1997).
- Section 16 of the Act prohibits publication or making known contents of complaint and inquiry proceedings to keep the identity of the woman filling complaint confidential.
Key Definitions | |
Sexual Harassment | It includes anyone or more of following unwelcome acts or behaviour (whether directly or by implication), namely:
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Workplace |
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Aggrieved Woman | It covers all women, irrespective of their age or employment status and whether in organized or unorganized sectors, public or private. It also covers clients, customers and domestic workers as well. |
Grievance Redressal Mechanism | |
Complaints Committee
| Internal Complaint Committee (ICC) and Local Complaints Committee (LCC)
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Procedure of filing complaint |
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Conciliation |
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Inquiry into Complaint |
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Action against perpetrator |
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Appeal |
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False complaint |
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Issues associated with implementation of PoSH Act 2013
- Non-constitution of Internal Committees (ICCs): Many institutions either do not form ICCs or constitute them improperly (e.g., absence of external member), undermining the law's core enforcement mechanism.
- E.g., 16 out of the 30 national sports federations in the country had not constituted an ICC to date.
- Informal/unorganised sector: In informal economy, where employer-employee structures are unclear, PoSH act protections become difficult to access and enforce.
- Nearly 80% of India's women workers are employed in the informal sector
- Procedural ambiguity: Ambiguities in law about how to conduct inquiries, and limited awareness in women employees about who to approach in case of facing harassment etc. hinders its effective implementation.
- Under-reporting: Victims often do not report due to stigma, fear of retaliation, and career consequences; lack of awareness about rights and procedure further reduces reporting.
- Evidence-related difficulties: Sexual harassment often occurs privately, making proof difficult; lack of clarity and standardisation in handling evidence can weaken both victim protection and fairness to the accused.
- Grey areas: ICC face difficulty in addressing grey areas in harassment cases as distinction between inappropriate behaviour and miscommunication is unclear. Further, cultural differences, personal perceptions and varying interpretation complicate the process.
Other Steps taken to prevent Crime against Women
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Way Forward
- Standardise inquiry procedures: Training for ICC members on inquiry process, principles of natural justice, handling sensitive testimonies, and drafting reasoned reports, so inquiries become legally robust and humane.
- Independence of ICC: Strengthen safeguards when allegations involve senior management (CEO level), including stronger role for external member and mechanisms to reduce organisational pressure to ensure impartiality and ICC decisions credibility.
- Victim protection: Create stricter internal protocols to prevent leaks, along with penalties for breach and victim-support measures (no retaliation, safe work environment during inquiry) to improve reporting and fairness.
- Sensitization programs: To address unconscious biases and promoting a culture of respect and empathy within organisation to build trust and safe work environment.
- Strengthen evidence handling protocol: ICCs should adopt robust procedures to collect and assess evidence, including verified documentary proof (emails, texts, records) and carefully cross-checked witness statements.
Conclusion
The recent judicial expansion of the PoSH Act's ambit marks a decisive step towards closing accountability gaps in an increasingly interconnected and fluid world of work. Going forward, sustained institutional commitment, continuous sensitisation, and procedural rigour are essential to transform PoSH from a reactive redressal mechanism into a proactive guarantee of safe, inclusive, and equitable workplaces for all women.
