Reach out to us on +917331194540 (Mon-Fri, 10:30 am - 5:00 pm except govt. holidays)

WhatsApp
Phone
1
2
3

What are the important judgements under POSH Act?

The POSH Act, or the Prevention of Sexual Harassment at Workplace Act, 2013 is a comprehensive law that addresses sexual harassment at the workplace in India. Here are some of the important judgments passed under the POSH Act:

  • Vishakha vs. State of Rajasthan: This is a landmark judgment that led to the enactment of the POSH Act. The Supreme Court held that sexual harassment at the workplace violates a woman’s fundamental right to equality and right to life and liberty.
  • Apparel Export Promotion Council vs. A.K. Chopra: This case established that employers are liable for sexual harassment by their employees, and that they must take proactive steps to prevent and address sexual harassment in the workplace.
  • The Internal Complaints Committee of Tata Consultancy Services vs. Tanuja Priya Bhat: In this case, the Bombay High Court held that an employer must provide a safe working environment, free from sexual harassment, and that the employer is responsible for ensuring that the Internal Complaints Committee is constituted and functions effectively.
  • Poornima Advani vs. Union of India: This case held that the POSH Act applies to government organizations, and that the government must ensure that all its offices and workplaces have Internal Complaints Committees in place to address complaints of sexual harassment.
  • Sanchayani Sharma vs. National Insurance Company Ltd: In this case, the Delhi High Court held that sexual harassment need not be physical in nature and can also include verbal or non-verbal conduct, such as unwelcome advances, comments or gestures.
  • Madhu vs. State of Kerala: In this case, the Supreme Court held that sexual harassment need not be proved beyond reasonable doubt and can be established on the basis of a preponderance of probabilities.
  • Anjali Bhardwaj vs. Union of India: This case dealt with the issue of sexual harassment of women in government departments and held that all government departments must set up Internal Complaints Committees to address complaints of sexual harassment.
  • ICICI Bank vs. Vinod Kumar: This case held that employers cannot absolve themselves of liability for sexual harassment by claiming that the perpetrator was not an employee of the organization but a third party or a contractor.
  • Kamaljeet Kaur vs. Punjab and Sind Bank: In this case, the Delhi High Court held that the employer must ensure that the Internal Complaints Committee is constituted and functions effectively, failing which it may be held liable for negligence.
  • Vinita Srivastava vs. Sahara India Real Estate Corporation Ltd: This case emphasized the need for employers to adopt a zero-tolerance policy towards sexual harassment at the workplace and take effective steps to prevent and address such incidents.

These judgments have been instrumental in shaping the interpretation and implementation of the POSH Act in India.