POSH Act Can Be Invoked By The Aggrieved Woman Working In a Department Against a Man Working In Another Department: Delhi High Court

Posted On - 17 August, 2023 • By - King Stubb & Kasiva

The Delhi High Court[1] has ruled that the scope of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act) is not limited to cases where a woman employee is sexually harassed by another employee working in her own office or department but also extends to cases where the delinquent employee is employed elsewhere. The court observed that under Section 13(3)(i), which requires the internal committee, on its finding that the complaint of sexual harassment has been proved, to recommend to the employer to take action for sexual harassment as misconduct in accordance with the service rules applicable to the respondent. The provision, therefore, caters to a situation in which the respondent is governed by independent service rules. If he is, the internal committee, which finds against him, would recommend, to his employer, to take action against him in accordance with the service rules to which he is subject.

[1] W.P.(C) 8624/2023 & CM APPL. 32735/2023, CM APPL. 32736/2023