Supreme Court expands PoSH Act jurisdiction

Context of the judgment

Supreme Court expands PoSH Act jurisdiction: The Supreme Court of India delivered a significant interpretation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in December 2025.
The ruling arose from the Sohail Malik case, addressing a legal gap in inter-organisational harassment cases.

The Court held that a woman subjected to sexual harassment by a person not employed in her organisation can still approach the Internal Complaints Committee (ICC) of her own workplace.
This expands the jurisdictional scope of ICCs beyond organisational boundaries.

Key legal expansion under PoSH

Earlier interpretations created ambiguity when the alleged offender belonged to a different workplace.
The Supreme Court clarified that access to redressal mechanisms cannot be denied merely due to the offender’s institutional affiliation.

The judgment empowers the ICC of the aggrieved woman’s workplace to inquire into complaints against employees of other organisations.
This ensures continuity, accessibility, and institutional responsibility.

Static GK fact: The Supreme Court of India was established on 26 January 1950 under Part V, Chapter IV of the Constitution.

Strengthening the concept of workplace

The Court reaffirmed that the definition of workplace under PoSH is expansive and not restricted to physical office premises.
Any location linked to employment falls under the Act’s protection.

This includes offices, field locations, client sites, training venues, and transportation provided by the employer.
The ruling aligns judicial interpretation with legislative intent.

Static GK Tip: Indian labour laws increasingly adopt a functional definition of workplace rather than a territorial one.

PoSH Act foundations

The PoSH Act, 2013 is rooted in the landmark Vishakha Guidelines (1997) issued by the Supreme Court.
These guidelines were framed under Articles 14, 15, 19, and 21 of the Constitution.

The Act provides protection to all women, irrespective of employment status.
It also extends to women working in dwelling houses or domestic settings.

Static GK fact: The Vishakha case was the first judicial recognition of sexual harassment as a violation of fundamental rights.

Internal and Local Committees

Every workplace with more than 10 employees must constitute an Internal Complaints Committee.
The ICC is the primary body for inquiry, conciliation, and recommendation of action.

Where an ICC is absent, the Local Committee (LC) constituted by the District Officer assumes jurisdiction.
The Supreme Court ruling strengthens ICCs as frontline institutions for justice.

Static GK Tip: The ICC must include a woman Presiding Officer and an external member for impartiality.

Penalties and compliance

The PoSH Act prescribes penalties ranging from monetary fines to termination of service, based on the gravity of misconduct.
Employers may also face penalties for non-compliance or failure to constitute an ICC.

The judgment reinforces the preventive and remedial nature of the law.
It places institutional accountability above procedural loopholes.

Significance of the ruling

The decision closes a major enforcement gap in workplace harassment cases.
It reinforces that women’s safety cannot be constrained by organisational silos.

By prioritising access to justice, the Supreme Court has strengthened the protective framework of PoSH 2013.
The ruling marks a decisive shift toward victim-centric interpretation of labour laws.

Static Usthadian Current Affairs Table

Supreme Court expands PoSH Act jurisdiction: