---
title: "Supreme Court Refuses To Include Retaliation Or Victimisation Of The Complainant Or Witnesses As A Facet Of Sexual Harassment Under The POSH Act"
date: 2023-08-25
author: "King Stubb & Kasiva"
url: https://ksandk.com/newsletter/sc-no-retaliation-in-sexual-harassment/
---

# Supreme Court Refuses To Include Retaliation Or Victimisation Of The Complainant Or Witnesses As A Facet Of Sexual Harassment Under The POSH Act

Posted On - 25 August, 2023 • By - King Stubb & Kasiva

The Supreme Court[[1]](#_ftn1), while refusing to entertain a Public Interest Litigation (PIL) seeking issuance of directions to protect complainants/witnesses/other persons in cases of complaints of sexual harassment from acts of retaliation/victimization by the accused persons or concerned organizations, observed that such general order would create a new offence under the POSH Act. The court  
remarked that the petitioner had to show specific instances where complainants/witnesses/other persons in cases of complaints of sexual harassment were being harmed by acts of retaliation/victimization by the accused persons. 

---

[[1]](#_ftnref1) Writ Petition(s)(Civil) No(s). 644/2023

---

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