Creating ‘Hostile Work Environment’ does not fall under the scope of POSH Act: Kerala High Court
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The Kerala High Court has clarified that creating a ‘hostile work environment’ alone does not fall within the scope of the POSH Act unless it involves sexual harassment. This judgment reinforces the Act’s specific focus on safeguarding against sexual misconduct in the workplace. To bring clarity to this, we have examined a judicial pronouncement by the Kerala High Court that reinforces this interpretation of the law.
For over a decade, the POSH Act, 2013, has been the backbone of India’s efforts to create safer workplaces. Yet, the gap between law and practice remains wide.
In August 2025, the Hon’ble Supreme Court of India made a more decisive move to bridge this gap. In a directive issued by Hon’ble Mr. Justices B.V. Nagarathna and K.V. Viswanathan, in the landmark case of Aureliano Fernandes v. State of Goa & Ors., ordered a district-wise survey across the country to verify whether employers in both public and private sectors have complied with the POSH Act’s requirements.
The Court’s Directive Dated August 2025:
- District-Level Surveys
- Survey reports to be submitted to the Hon’ble Supreme Court and the State and UT authorities.
- States and Union Territories must upload data to the online She-Box
- Non-compliant employers to face stringent regulatory consequences as per section 26 of the POSH Act
In a recent decision by the Hon’ble Supreme Court in V.P. v. N.K.C dismissed a sexual harassment appeal as time-barred but ordered the judgment be permanently recorded in the Vice-Chancellor’s resume.
The judgment underscores the importance of institutional accountability, even when legal technicalities prevent formal redress under the POSH Act.
The issue before the Supreme Court in the present appeal was -“Whether the Division Bench of the High Court is justified in non-suiting the appellant on the ground that her complaint was barred by limitation.”
Faced with a critical question, whether POSH act extends protection to female Advocate, the Apex Court of the Country sends a notice to the Bar Council and Bar Association for reply. It will be interesting to see how the case unfolds!
To explore the development journey of POSH Act through the landmark case that led to the implementation of the Act to High Court directions on the constitution of ICs and what it entail women lawyers seeking protection from sexual harassment, click on the link below to our article on this.
