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ARTICLE · 17 DECEMBER 2025

Creating 'Hostile Work Environment' Does Not Fall Under Scope Of POSH Act: Kerala High Court

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The Kerala High Court's 2025 judgment marks a pivotal development in the jurisprudence surrounding the scope of the Sexual Harassment of Women at Workplace Act, 2013, POSH Act in India, drawing a clear line between ‘hostile work environments' and ‘actionable sexual harassment' under the statute.

IndiaEmployment and HR
Anuradha Gandhi
Anuradha Gandhi
Surbhi Gandotra
Surbhi Gandotra
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The Kerala High Court's 2025 judgment marks a pivotal development in the jurisprudence surrounding the scope of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, POSH Act in India, drawing a clear line between 'hostile work environments' and 'actionable sexual harassment' under the statute. This article examines the judgment, analyzes the reasoning of the Division Bench, and contextualizes its implications for workplace anti-harassment framework.

Introduction: Framing the Issue

At its heart, the Kerala High Court's decision in X v. Abraham Mathai & Ors. (WA 1622/202) addresses 'whether acts creating a hostile work environment, when not accompanied by sexual conduct, qualify as "sexual harassment" within the meaning of Section 2(n) of the POSH Act'.

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