SC widens POSH Act coverage

SC Expands Jurisdiction Under POSH Act Provisions

Why in the News ?

The Supreme Court has ruled that inquiries under the POSH Act can be conducted not only at the accused employee’s department but also at the complainant’s workplace or any location visited during employment, significantly strengthening women’s safety at workplaces across India. This ruling marks a significant step in environmental jurisprudence and environmental democracy, as it promotes a safer and more equitable work environment.

Supreme Court’s Key Ruling on POSH Jurisdiction:

• The Supreme Court Bench, led by Justices JK Maheshwari and Vijay Bishnoi, clarified that proceedings under the Prevention of Sexual Harassment (POSH) Act, 2013 can be initiated at multiple workplaces, not just the accused employee’s department.
• The Court rejected the claim that only the Internal Complaints Committee (ICC) of the accused’s department has jurisdiction.
• It emphasised that such a narrow view would create “procedural and psychological barriers” for women, forcing them to pursue complaints in unfamiliar or intimidating workspaces.
• The ruling ensures that redressal mechanisms remain accessible, safe, and aligned with the POSH Act’s environmental jurisprudence of protecting women.
• The Court stressed that the term “where the respondent is an employee” is procedural, not jurisdictional, and must not restrict where an ICC inquiry can be conducted.

Case Background and Court’s Interpretation

• The judgement came during an appeal by a 2010-batch IRS officer, who challenged the jurisdiction of the ICC at the Department of Food and Public Distribution, where a 2004-batch IAS officer filed a complaint of sexual harassment.
• The incident occurred at Krishi Bhawan, New Delhi, in May 2023. The complainant lodged an FIR and approached her own department’s ICC for redressal.
• The accused argued that only the ICC of his own department—the Department of Revenue—could investigate, citing the need for ex post facto approval.
• The CAT and the Delhi High Court rejected this argument; the Supreme Court has now settled the issue conclusively, emphasizing that ex post facto or retrospective environmental clearances cannot be applied in such cases.
• The Court held that “workplace” under the POSH Act includes any location visited in the course of employment, including transit, making jurisdiction broad and victim-centric.
• The inquiry in the present case has been completed, and the report was submitted to the Court in a sealed cover.