PoSH Law India Updates - March '25 Edition

Dive into the key rulings and legal insights in the Mar '25 edition of PoSH Law India updates.

1. The Bombay High Court in Vinod Narayan Kachave v. The Presiding Officer (ICC) & Anr. ruled that commenting on a woman's hair length and volume, and singing a related song, does not constitute sexual harassment under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). This decision came while quashing a case against a private sector bank employee Vinod Kachave, who during a June 2022 training session, remarked to a female colleague, "you must be using a JCB to manage your hair," and sang "Yeh Reshmi Zulfe." The Court emphasised that such remarks, while potentially unwelcome, do not meet the legal criteria for sexual harassment, which requires behaviour of a sexual nature that violates the dignity of the individual. This decision clarifies the boundaries of what constitutes sexual harassment in the workplace, indicating that not all inappropriate or unprofessional comments fall under its purview.

   Read the Order here.

2. The Kerala High Court in Thomas Antony v. State of Kerala has directed the State Government to formulate guidelines ensuring the anonymity of complainants during inquiry proceedings under the PoSH Act. The Court noted the absence of mechanisms within the PoSH Act to protect complainants' identities during such proceedings. Emphasizing the fundamental right to privacy, the Court asserted that complainants are entitled to have their identities anonymized in the public domain. However, it clarified that this anonymity should not prejudice the rights of the accused employee in defending the inquiry. The Court referenced the Bombay High Court's 2021 decision in P v. A & Others, which issued guidelines to protect victims' privacy under the PoSH Act during court proceedings, suggesting these could serve as a reference for the State Government.

   Read the Order here.

3. The National Commission for Women's (NCW) fact-finding committee investigated the January 7, 2025, murder of BPO employee Shubhada Kodare at WNS Global Services in Pune. The Committee identified significant lapses in the Company's security protocols and compliance with the PoSH Act. The NCW recommended a comprehensive overhaul of safety measures, including enhanced surveillance, mandatory safety audits, regular employee training on workplace safety and conflict resolution, and the strengthening of internal grievance committees. NCW recommended institutionalising ‘bharosa kendras' in all Pune stations under the District Collector’s leadership to support victims of trauma and violence.

   Read the Press Release here.