Supreme Court Expands Jurisdiction Under POSH Act: Complaint Can Be Probed at Complainant’s Workplace

Background of the Case

In a significant judgment strengthening workplace safety for women, the Supreme Court of India has clarified that proceedings under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) can be initiated at the workplace of the complainant, even if the accused employee belongs to a different department or employer.

The ruling settles a long-standing ambiguity on the jurisdiction of Internal Complaints Committees (ICCs) and rejects the narrow interpretation that only the ICC of the accused employee’s department can inquire into allegations of sexual harassment.

Facts of the Case

  • The appellant was a 2010-batch Indian Revenue Service (IRS) officer.

  • The complainant was a 2004-batch Indian Administrative Service (IAS) officer, posted in the Department of Food and Public Distribution.

  • The alleged incident of sexual harassment took place in May 2023 at Krishi Bhawan, New Delhi, a common government workplace.

  • The IAS officer lodged an FIR the following day and filed a complaint before the Internal Complaints Committee (ICC) of her own department.

  • The ICC initiated proceedings and summoned the accused officer.

Legal Challenge by the Accused Officer

The accused officer challenged the ICC’s jurisdiction, arguing that:

  • Under Section 11 of the POSH Act, an inquiry can be conducted only by the ICC of the department where the respondent (accused) is employed.

  • Since he belonged to the Department of Revenue, only its ICC could lawfully inquire into the complaint.

Proceedings Before CAT and High Court

  • The Central Administrative Tribunal (CAT) rejected the jurisdictional challenge.

  • The Delhi High Court, in June 2023, upheld the CAT’s decision.

  • The officer then approached the Supreme Court.

  • While allowing the inquiry to continue, the Supreme Court initially directed that the ICC’s final report be kept in a sealed cover pending adjudication.

  • The inquiry was completed, and the report was submitted to the Court.

Key Legal Issue Before the Supreme Court

Whether the ICC at the complainant’s workplace has jurisdiction to inquire into allegations of sexual harassment when the accused employee belongs to a different department or employer.

Supreme Court’s Interpretation of the POSH Act

Interpretation of Section 11 – “Where the Respondent is an Employee”

The Court rejected the appellant’s argument that the word “where” in Section 11 refers to the physical workplace of the accused.

  • The bench held that “where” refers to a condition or situation, not a geographical limitation.

  • Section 11 is procedural, not jurisdictional.

  • It merely prescribes how an inquiry is to be conducted (as per applicable service rules), not which ICC alone has authority.

Expansive Definition of “Workplace” Under the POSH Act

The Court relied heavily on Section 2(o) of the POSH Act, especially:

Section 2(o)(v)

“Any place visited by the employee arising out of or during the course of employment, including transportation provided by the employer.”

The Court held that:

  • Parliament intentionally adopted a broad and inclusive definition of workplace.

  • Sexual harassment is actionable wherever work-related interaction occurs, including inter-departmental spaces and official premises like Krishi Bhawan.

  • Limiting jurisdiction to the accused’s department would lead to absurd consequences and defeat the Act’s purpose.

Protection of Complainant-Centric Access to Justice

The Supreme Court observed that forcing an aggrieved woman to approach the ICC of the accused’s department would:

  • Create procedural and psychological barriers.

  • Compel her to seek justice in an alien and potentially hostile workplace.

  • Undermine the social-welfare objective of the POSH Act.

The Court reaffirmed that the POSH framework is designed to ensure:

  • Accessibility

  • Safety

  • Institutional support for complainants

Role of ICC vs Role of Employer Clarified

The Court clarified a crucial distinction:

  • ICC’s role: Fact-finding inquiry and preparation of a report.

  • Employer’s role (Section 13): Acting on the ICC’s findings and imposing disciplinary measures.

Even if:

  • The ICC is constituted in a different department,

  • The employer of the accused is statutorily bound to act on the ICC’s report.

If the employer fails to comply, the aggrieved woman has a statutory right of appeal under the POSH Act.

Constitutional Provisions Involved

Article 14 – Equality Before Law

Ensures non-discriminatory access to justice mechanisms.

Article 15(3) – Protective Discrimination

Empowers the State to make special provisions for women.

Article 21 – Right to Life and Dignity

Sexual harassment violates the right to live with dignity and a safe working environment.

Key Judicial Precedents Relied Upon

Vishaka v State of Rajasthan (1997)

  • Recognised sexual harassment as a violation of Articles 14, 15, and 21.

  • Laid the foundation for workplace harassment law in India.

Medha Kotwal Lele v Union of India (2013)

  • Strengthened enforcement of anti-sexual harassment mechanisms.

  • Emphasised accountability of employers and institutions.

Apparel Export Promotion Council v A.K. Chopra (1999)

  • Affirmed zero tolerance towards sexual harassment at the workplace.

The present judgment builds upon these principles by ensuring procedural accessibility and institutional effectiveness.

Supreme Court’s Final Ruling

  • The appeal was dismissed.

  • The Court held that:

    • ICCs at the complainant’s workplace have full jurisdiction.

    • ICCs can also inquire into incidents at any place visited during the course of employment.

    • Jurisdiction is not restricted by departmental boundaries.

Significance of the Judgment

  • Removes jurisdictional hurdles in POSH complaints.

  • Strengthens complainant-centric interpretation of workplace safety law.

  • Ensures uniform application of POSH protections across government and institutional silos.

  • Reinforces India’s constitutional commitment to gender justice.

Conclusion

This judgment marks a decisive step in aligning the procedural architecture of the POSH Act with its constitutional and social-welfare objectives. By prioritising the complainant’s access to justice over technical jurisdictional arguments, the Supreme Court has reaffirmed that workplace safety for women cannot be compromised by bureaucratic boundaries.

Location: Pune, Maharashtra, India

Comments

Post a Comment

Popular posts

Father of RG Kar Victim Loses Faith in Legal System Amid Allegations of CBI Inconsistencies

Image
  A Father’s Frustration with the System The father of the 31-year-old postgraduate doctor who was raped and murdered at Kolkata’s RG Kar Medical College on August 9, 2024, has publicly expressed his deep disillusionment with the Indian legal system. In a powerful and emotional statement, he told ANI that the Central Bureau of Investigation (CBI) has presented contradictory reports in two different courts—the Calcutta High Court and Sealdah District Court. “This is not just a failure of investigation—this is a betrayal. Even Supreme Court judges could not believe the differences in what the CBI is saying. We had faith in the agency, but now, we are losing all hope,” he stated. Allegations of Withheld Evidence The father alleged that the CBI is deliberately withholding key details about the case, despite reportedly knowing who the perpetrators are. He believes the answers lie in his daughter’s phone, which the CBI claims it does not possess—an assertion he disputes. According t...
Read more

Bill Gates Applauds India's 'Namo Drone Didi' Program: A Game-Changer in Rural Empowerment and Agri-Tech

Image
Microsoft Founder Bill Gates Lauds India’s Namo Drone Didi Program In a strong endorsement of India’s evolving rural development model, Microsoft founder Bill Gates has praised the Namo Drone Didi initiative, launched in 2023 by the Government of India. The program empowers rural women by training them to operate drones for agricultural purposes, thereby boosting productivity, reducing manual labor, and enhancing socio-economic inclusion. Gates shared a detailed video and blog highlighting his interaction with three "Drone Didis" from Bihar— Sangita Devi , Sumintra Devi , and Kajol Kumari —during his visit to Delhi last month. He applauded the initiative's early success and expressed optimism about its future scalability. What is the Namo Drone Didi Program? Launched under the vision of Prime Minister Narendra Modi, the Namo Drone Didi scheme is part of a broader strategy to promote women-led development and precision agriculture . It aims to provide 15,000 dro...
Read more

Flight Operations Disrupted Amid India-Pakistan Tensions: Air India and IndiGo Cancel Multiple Flights on May 13, 2025

Image
🔹 Flight Cancellations Announced by Air India On Tuesday, May 13, 2025 , Air India officially announced the cancellation of two-way flight operations to and from the following eight airports : Jammu Leh Jodhpur Amritsar Bhuj Jamnagar Chandigarh Rajkot The airline posted a statement on its official X (formerly Twitter) account, stating: "In view of the latest developments and keeping your safety in mind, flights to and from Jammu, Leh, Jodhpur, Amritsar, Bhuj, Jamnagar, Chandigarh and Rajkot are cancelled for Tuesday, 13th May." Air India further assured passengers that they are closely monitoring the situation and will provide timely updates as operations resume in the coming days. 🔹 IndiGo Follows with Six Airport Cancellations Following Air India's decision, IndiGo Airlines also issued a travel advisory cancelling its flight operations for May 13, 2025, at the following six airports : Jammu Amritsar Chandigarh Leh ...
Read more

Equality Before Law

Image
                            Equality Before Law                                                   Introduction The rule of law was firstly introduced by A.V. Dicey in  his book "The Constitution Of England" in which there is rule which only prevails is law in which all are equal. In simple word if any wrong is being done which is not justifiable  by law committed by anyone that may be president, prime minister, or any individual are punishable because there is supremacy of law. Supremacy of law means the government which is power or the people who elected the government all will be treated equally before law.  Article 14 The Indian Constitution 1949, Article 14 guarantees "Equality before law The State shall not deny to any person equality before the law or the...
Read more

Your Complete Online Guide to Land Records and Services in Bihar

Image
Introduction: The Shift Towards Digital Land Governance India’s land management system has traditionally relied on manual records maintained at local government offices. While foundational to governance and ownership, this manual system often led to bureaucratic delays, land disputes, and lack of transparency. Recognizing these issues, state governments across India have progressively adopted digital systems to make land-related services accessible, transparent, and efficient. Bihar Bhumi Portal: A Digital Leap in Land Management One of the leading examples of this digital transformation is Bihar’s Bihar Bhumi portal ( https://biharbhumilrc.com/ ), developed and maintained by the Revenue and Land Reforms Department of Bihar . The portal has become a centralized platform providing a wide range of land-related services to citizens, eliminating the need for in-person visits to land offices. Purpose and Vision The key objective behind launching the Bihar Bhumi portal was to empower...
Read more

Rights of a Arrested Person in India

Image
One of the basic and important feature of our legal system in benefits goes to arrested person on the principal of presumption of innocence of the accused person until he/she found guilty at the end of trail on legal evidence. Rights include the rights of the accused at the time of arrest, at the time of search and seizure, during the process of trail and the like. In well known case of Meneka Ghandhi v. UOI it was interpreted that the procedure adopted  by the state must be fair, just and reasonable. The certain rights which arrested person need to know are as follows: 1. Right To Silence "it was essentially right to refuse to answer and incriminate oneself in the absence of proper charge. Not initially, the right to refuse to reply to proper charge." the Justice Malimath Committee. The dependent if he so desires can be witness in his trial. His confession in police station is not admissible in court. Only to the magistrate is admissible. The Indian constitution guarantees e...
Read more

Evolution of Constitution under Article 14 to 18

Image
 Evolution of Constitution under Article 14 to 18 INTRODUCTION The idea of equality referenced under Article 14 to Article 18 upgrades a more extensive idea and a more extensive part of the examination as the subject of equity itself shapes a vital and powerful idea in itself. The idea of fairness overwhelms the exceptionally two significant ideas of equivalent security of law and equity under the steady gaze of the law. Likewise, the idea of uniformity wins in a wide range of establishments and accommodates equivalent freedoms for people with the abrogation of unapproachable and nullification of titles. The idea is a more extensive methodology as it is significant for society to look to each individual with a similar methodology regardless of his sexual orientation, rank, and religion. The law is visually impaired and is equivalent for each individual as it says that balance wins for each individual and each individual has the option to be secured by the law. Evolution  The f...
Read more

Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

Image
Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...
Read more

Delhi High Court Grants Bail to Former Bank Manager Accused of Defrauding Woman of ₹13 Crores

Image
Delhi High Court Grants Bail to Former Bank Manager  Accused of Defrauding Woman of ₹13 Crores  The Delhi High Court has granted bail to Varun Vashista , a former bank manager accused of embezzling over ₹13 crores from a customer’s account while working at ICICI Bank's Vikas Puri branch. The bail was approved by Justice Amit Mahajan on November 12, 2024, after considering the evidence and facts of the case.   Details of the Case The allegations against Vashista stem from his role as a branch manager. The complainant and her husband had entrusted him with managing their investments, amounting to ₹13.5 crores, between 2019 and 2023.   The complainant discovered in January 2024 that nearly ₹12 crores had been **siphoned off** from her account. Key allegations include:   - Creation of Fake Fixed Deposits: The accused reportedly created fraudulent fixed deposit accounts in the complainant’s name.   - Misappropriation of Funds: Funds were tr...
Read more

Exploring Articles 236 to 238 of the Indian Constitution: A Contemporary Discourse

Image
Exploring Articles 236 to 238 of the Indian Constitution: A Contemporary Discourse Introduction : The Indian Constitution, as the guiding framework of the nation, is a living document that requires periodic review and adaptation to meet the needs of a rapidly changing society. Articles 236 to 238 of the Indian Constitution pertain to the High Courts in the states and Union territories. In this article, we delve into a discussion surrounding these articles, analyzing their relevance in the modern era, and exploring relevant case laws that highlight their significance in contemporary India. Article 236: Interpretation : Article 236 deals with the interpretation of the provisions related to High Courts in Part VI of the Indian Constitution. In the modern era, this article plays a pivotal role in ensuring that the functioning and jurisdiction of the High Courts are correctly understood and implemented. One of the landmark cases that has shaped the interpretation of this article is the case...
Read more