Dive into the key rulings and legal insights in the Feb '25 edition of PoSH Law India updates.
On February 11, 2025, the Supreme Court of India in Aureliano Fernandes v. The State of Goa and Ors., Diary No. 22553-2023, imposed a fine of ₹5,000 on several states for failing to comply with its December 3, 2024 Order regarding the implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act). The Court had previously issued comprehensive directives to ensure effective enforcement of the POSH Act, emphasising the need for decentralisation, particularly in the private sector, which has been hesitant in forming Internal Committees (ICs). Despite these directives, many states did not submit compliance affidavits, leading to the imposition of costs. The Court has granted additional time for compliance, subject to the payment of the imposed costs.
Read the Order here.
The Kerala High Court in Petitioner v The Kerala State Financial Enterprises Ltd. and Others has ruled that an Internal Committee (IC) cannot proceed with a complaint under the POSH Act if the allegations do not constitute 'sexual harassment' as defined in Section 2(n) of the Act. Justice D. K. Singh emphasised that without such allegations, the IC lacks jurisdiction to take cognizance of the complaint. In the case reviewed, the complaint involved accusations of abusive language and recording a conversation without consent, but did not include claims of physical advances, requests for sexual favours, or other conduct of a sexual nature. Consequently, the Court set aside the IC's notice, stating that the complaint could not be addressed under the POSH Act.
Read the Judgment here.
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