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ARTICLE · 04 AUGUST 2023

Validity Of Interdepartmental Inquiry Under POSH Act

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Over the years, the provisions of the POSH Act have become stirring points for various debates on its scope and applicability under changing scenarios.

IndiaEmployment and HR
Anuradha Gandhi
Anuradha Gandhi
Rachita Thakur
Rachita Thakur
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Introduction

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the "POSH Act") came into being a decade ago but still suffers from certain lacunae that often leads to twisting the letter of the law and negatively affects the spirit too.

Over the years, the provisions of the POSH Act have become stirring points for various debates on its scope and applicability under changing scenarios. The intent of the POSH Act is to curtail the instances of sexual harassment however, in certain circumstances, ambiguity as to the scope of the POSH Act steeps in.

In Dr Sohail Malik v. Union of India & Anr., the question as to whether a female official sexually harassed by another government official from a different department is entitled to Redressal as per the provisions of the POSH Act was put before the court to analyze and decide on.

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