In this client update, we have provided an overview of the
recent developments in relation to the Sexual Harassment of Women
at Workplace (Prevention, Prohibition and Redressal) Act, 2013
("POSH Act"). Primarily, the Supreme
Court ("SC"), in 2 (two) cases, has
provided guidance on the good practices that a private
establishment may adopt while formulating procedures to be followed
by the statutory inquiry body, i.e., the Internal Complaints
Committee ("IC"), and has also
deliberated on the scope of the definition of an "aggrieved
woman". Further, the Ministry of Corporate Affairs
("MCA") imposed a high penalty on a
private establishment ("Entity") due to
its failure to incorporate the statement on the constitution of the
IC under the POSH Act in its board reports1 thus,
highlighting the need for companies to diligently adhere to the
provisions under the POSH Act and the Companies Act, 2013
("Companies Act") to avoid any kind of
financial or legal repercussions.
