POSH Compliance in India

In a significant ruling that reinforced the importance of implementing the Prevention of Sexual Harassment (POSH) Act in its true spirit, the Allahabad High Court delivered a decisive judgment in the case of Sanjeev Kumar v. State of Uttar Pradesh (2021). This judgment emphasized that the non-compliance or delay in constituting an Internal Complaints Committee (ICC) by an organization is a serious violation of the Act and infringes upon the fundamental rights of employees. The Crux of the Case The case arose from a writ petition filed by Sanjeev Kumar, an employee of the Uttar Pradesh Power Corporation Limited (UPPCL), who alleged that despite repeated requests, the organization had failed to constitute an ICC as mandated by the POSH Act. Kumar contended that this non-compliance not only violated the provisions of the Act but also infringed upon the fundamental rights of employees, including their right to a safe and secure work environment. The Allahabad High Court's Ruling In it...

In a landmark ruling that reinforced the Protection of Sexual Harassment (POSH) Act's commitment to creating safe and secure workplaces, the Supreme Court of India delivered a groundbreaking judgment in the case of Harish Dhandharia v. Chairman, Ahmedabad Stamp Vendors Association (2019). This decision expanded the scope of the POSH Act , ensuring that its provisions apply not only to employees but also to any third party or outsider who enters the workplace premises, including customers, clients, or visitors. The Background of the Case The case arose from a petition filed by Harish Dhandharia, a stamp vendor and member of the Ahmedabad Stamp Vendors Association. Dhandharia alleged that he had been subjected to sexual harassment by the association's chairman during a meeting held at the association's premises. However, when he approached the Internal Complaints Committee (ICC) constituted by the association, his complaint was dismissed on the grounds that he was not an empl...