A Person Of Legal Background Cannot Represent The Respondent In An Inquiry Into The Complaint Of Sexual Harassment

A writ petition was filed by an employee against whom the allegations of sexual harassment at the workplace was made by the complainant under the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, seeking the leave of the court to allow him to be represented by an advocate/counsel of his choice in the inquiry into the allegations of sexual harassment by the inquiry committee under the POSH Act.

The court in its decision upheld Rule 7(6) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013, which restricts representation by a legal practitioner in the inquiry by the inquiry committee. The court observed that if such prayer by the petitioner is allowed that will create prejudice for the complainant whose case is also being considered by the internal committee without the aid of the legal practitioner or next friend.