Supreme Court held that when a woman is subjected to sexual harassment at the workplace by a person who is not part of her own organisation, she is entitled to file her complaint before the Internal Complaints Committee (ICC) of her own workplace.
- This judgement (Sohail Malik Case) enables the ICC constituted at the aggrieved woman's workplace to exercise jurisdiction over an employee of a different workplace.
About PoSH Act
- PoSH is drawn from the Vishakha Guidelines laid out by the Supreme Court in 1997 to ensure safety of women at workplaces.
- Coverage: It provides protection to any woman in a workplace (whether employed or not) and woman employed in a dwelling place or house.
- Sexual Harassment: It includes unwelcome acts or behaviour that are sexually colored, creating a hostile or intimidating work environment.
- Expanded Workplace Definition: It applies to all workplaces, including government, private, and non-governmental organizations, as well as any organization, institution, undertaking, establishment, hospitals, house or any place visited by employee during employment including transportation.
- Internal Complaints Committee (ICC): Act provides for constitution of ICC at every workplace employing more than 10 persons.
- Local Committee (LC): Where workplace does not have an IC, district officers shall constitute a LC to receive and redress complaints.
- Penalties: Penalties may include a monetary fine or termination of employment, depending on the severity of the offense.
