MP High Court: ICC to lead investigations under the Act.
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MP High Court: ICC to lead investigations under the Act.
In the case of Dr. Sajan Kurien Mathew v The State of Madhya Pradesh & others, (W.P. No. 1662 of 2026) the Hon’ble MP High Court held that a university cannot bypass the Statutory mechanism prescribed under the POSH Act, by appointing an independent inquiry officer to investigate allegations pertaining to sexual harassment.
On extensive examination of legal framework of the Act, the Court observed that complaints of sexual harassment at workplace must be investigated exclusively by the Internal Complainants Committee under the POSH Act. Allowing an employer to create parallel enquiry authority other than the ICC or LCC to enquire into the allegations of sexual harassment of a woman at workplace would clearly frustrate the object of the POSH Act.
Bombay HC: Shared Commute to Work Not a Workplace.
In the case of Sidhesh Satpute V. State Bank of India & Ors (W.P. No. 1213 of 2024), the Bombay HC clearly highlighted the necessary presence of a clear and undeniable relationship between the alleged incident of sexual harassment and the employer, in order to conclude an offence of Sexual Harassment under the Act.
In the instant case, the shared transportation availed of by the petitioner & the respondent was provided by neither of their employers, but was rather a general means of transportation opted independently by both the parties. The Court observed that ‘in order to fall within the meaning of workplace u/s 2(o)(v) of the Act, the transportation has to be provided by the employer’.
National Commission for Women (NCW): Robust Workplace Safety Mechanisms and POSH Audits.
The NCW has issued an advisory to all States and Union Territories calling for effective implementation of comprehensive measures under the POSH Act, by every organization whether Government or private, organized or unorganized.
Key provisions of the advisory pertain to POSH Monitoring cells, Mandatory Annual POSH Audits, Nodal officers at grassroot levels, Effective utilization of the SHe- Box portal, Training and Sensitization programs, Awareness campaigns in the unorganized sector, Special Training programs for IC & LC members and so on.
The profound objective of this advisory is thus to move POSH beyond a mere HR checklist and to foster an environment of dignity, accountability and safety ensuring that every workplace becomes a safe, inclusive and gender sensitive space, wherein every woman feels secure and empowered.
SHe-Box 2.0: Enhanced implementation of complaint mechanisms
The Ministry of Women and Child Development has announced the launch of SHe-Box 2.0 under the umbrella of Mission Shakti program. This marks a significant milestone in the journey of creating safe, secure and empowered workplaces for women. SHe Box serves as a digital platform for the effective implementation of the POSH Act.
The She Box 2.0 is a robust technology driven platform that offers several advantages over the previous version such as Single Window Access System for women across all the sectors, Enhanced coordination among stakeholders, Improved governance and accountability, Decentralized monitoring mechanisms, Integration of local committees at District level and so on.
The primary objective behind the upgraded version is thus to ensure effective tracking, timely redressal of grievance, provide a secure, effective, confidential and user-friendly interface with easy accessibility to diverse user groups across the country and the like.