Can an Internal Committee (IC) can inquire into a sexual harassment complaint when the accused works in another organization or department?
This question often arises in third party sexual harassment cases and has been a recurring concern for employers and IC Members.
In a recent ruling, the Supreme Court has provided a much need clarity by affirming that the IC at the aggrieved woman’s workplace does have the jurisdiction to inquire into the complaint, even when the respondent is from a different organization or workplace.
If you also have had this same concern or have ever wondered which IC has jurisdiction in such cases, our latest article breaks down the ruling, the reasoning and what it means for employers and IC members in practice.
Read the article for clarity and key takeaways: https://ssrana.in/posh-law/articles/internal-committee-of-the-aggrieved-womans-workplace-has-jurisdiction-third-party-sexual-harassment/
What if a teacher and a student were in a consensual relationship -one that continued years after the student left the institution- and no criminal complaint was ever filed?
Can such a relationship be labelled as sexual harassment? Can a teacher be dismissed solely on the grounds of morality?
The recent High Court ruling answers these questions-drawing a sharp line between consent and coercion and ethics and legality.
To know what the court held and why it matters- read our detailed article: https://ssrana.in/posh-law/articles/consensual-teacher-student-relationship-a-moral-lapse-or-sexual-harassment/
Over 25 years after the Vishaka guidelines and over a decade since the enactment of the POSH Act, the Supreme Cort had issued a sharp reminder: non-compliance with POSH Law is still widespread and unacceptable.
Taking a firm stand, the Apex Court had:
- Directed all High Courts to report on the constitution of Internal/Gender Sensitization Committees across courts, tribunals, bar associations and allied bodies;
- Ordered all States and Union Territories to appoint District and Nodal Officers, as mandated under the POSH Act
- Pulled up authorities for inadequate awareness of the SHe-box portal, stressing the need for wider public outreach.
The message is quite clear: POSH Compliance is a binding statutory obligation and non-negotiable.
To understand why this intervention matters and what it means for every organization/institutions and administrators- read our article: https://ssrana.in/posh-law/articles/supreme-court-flags-gaps-in-posh-compliance-reiterates-statutory-duty-to-ensure-safe-workplaces/
