Posh Act 2013

In a landmark judgment, the Delhi High Court delivered a resounding verdict that extended the applicability of the Prevention of Sexual Harassment (POSH) Act to government organizations, including constitutional bodies like the Comptroller and Auditor General of India (CAG). The case of Saurabh Kumar Mallick v. Comptroller & Auditor General of India (2018) was a pivotal moment in ensuring that the principles of the POSH Act are upheld across all spheres of employment, irrespective of the nature or status of the organization. The Crux of the Case The case arose from a petition filed by Saurabh Kumar Mallick, an Assistant Audit Officer employed with the CAG, who alleged that he had been subjected to sexual harassment by a superior officer. Mallick claimed that despite filing a formal complaint, the CAG failed to take appropriate action or constitute an Internal Complaints Committee (ICC) as mandated by the POSH Act. The CAG, in its defense, argued that as a constitutional body, it w...

In a monumental step towards safeguarding the rights and dignity of women in the workplace, the Supreme Court of India delivered a groundbreaking judgment in the case of Vishaka & Others v. State of Rajasthan in 1997. This landmark decision not only brought the issue of sexual harassment at the workplace into the spotlight but also laid down a comprehensive set of guidelines, known as the Vishaka Guidelines, that would serve as the foundation for future legislation addressing this critical issue. The Genesis: Seeking Justice for Bhanwari Devi The case originated from the brutal gang-rape of Bhanwari Devi, a social worker employed in Rajasthan's Bhateri village. Devi's courageous efforts to prevent a child marriage within the community led to her being brutally assaulted and raped by influential members of the village. This horrific incident sparked a nationwide outcry and prompted several women's rights organizations, led by Vishaka and others, to file a Public Interes...

Conciliation is a method of resolving a conflict between parties by the use of a mediator. Only if the aggrieved party demands it, the Internal Complaints Committee (ICC) will facilitate conciliation as a means of resolving workplace sexual assault complaints. Before conducting an investigation under section 11, the ICC should attempt to resolve the dispute between the aggrieved woman and the respondent by conciliation. It should be remembered that the respondent has no right to request conciliation) and that “no monetary settlement” shall be used as a ground for conciliation. Where a settlement has been reached, the ICC shall report the terms of the agreement and forward them to the employer, who shall proceed in accordance with the advice. The ICC shall supply the aggrieved woman and the respondent with copies of the resolution as reported. Where a settlement is arrived at, no further inquiry shall be conducted by the ICC.  Conciliation is a mechanism used by the ICC to offer a ...