PoSH Law India Update - August '25 Edition

Dive into the key ruling and legal updates in the August '25 edition of PoSH Law India update.

1. SC Orders District-Wise PoSH Compliance Survey

   In Aureliano Fernandes v. State of Goa & Ors. (Diary No. 22553), the Supreme Court directed all States and Union Territories to conduct a district-wise survey within six weeks to ascertain whether government and private institutions have constituted Internal Committees under the POSH Act, 2013. The Court warned that non-compliant entities risk non-renewal of licenses. It emphasized that Labour Commissioners and District Officers must ensure data collection and upload details on the SHe-Box portal. The Court noted that only Andaman & Nicobar had completed such a survey so far, but since the order, several States have issued notifications initiating the inquiry process.

   
   

2. Delhi Court Staffer Cleared in Viral Video Case

   
   

   In Department v. Ms. A (Inquiry Report), a departmental inquiry exonerated a Delhi court staffer accused of misconduct in connection with a viral sexually explicit video allegedly involving a District Judge. The Inquiry Officer found no evidence of wrongdoing, stressing that the digital evidence was unreliable, witnesses could not authenticate the clip, and expert testimony lacked credibility. The report underscored the need for strict safeguards in handling digital material and cautioned against reputational harm from unverified allegations affecting women’s character.

   
   

3. Kerala HC Suspends Judicial Officer Over Sexual Harassment Allegation

   In Re: Udayakumar V., the Kerala High Court suspended a judicial officer serving at the Motor Accidents Claims Tribunal, Kollam, following allegations of sexual impropriety by a litigant. The officer had earlier been transferred from the Family Court, Chavara after similar allegations. Disciplinary proceedings have been initiated under the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960, with the Court noting “grave allegations of misconduct.”

   
   

4. Delhi HC Upholds ICC Verdict Against DU Professor for Sexual Harassment

   
   

   In Dr. Amit Kumar v. University of Delhi, the High Court dismissed a plea challenging the Internal Committee’s findings holding a Delhi University professor guilty of sexually harassing students and an alumnus. The Court upheld his compulsory retirement, observing that he was given fair hearing and due process, and that the messages relied upon were profane. Stressing that teachers are mentors shaping young students’ futures, the Court held that sexual harassment by teachers has a damaging impact on students’ psyche and cannot be excused on technicalities.

   
   

5. SC Issues Notice on Bringing Bar Councils Under PoSH Act

   
   

   In Seema Joshi v. Bar Council of India & Ors. (W.P.(C) No. 805/2025), the Supreme Court issued notice to the Union of India and the BCI on a PIL seeking to extend PoSH Act protections to women advocates. The petition argues that Bar Councils, Bar Associations and courts fall within the definition of “workplace,” and must constitute Internal Committees to hear complaints from women lawyers. It challenges the Bombay High Court’s July 2025 ruling that confined PoSH to employees of Bar Councils and Bar Associations, excluding advocates. The Court has sought responses while clarifying procedural objections.