Keywords: PoSH Act, ICC, CAT
Delhi High Court on 3rd July 2023 declared that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH act) is applicable in cases where the complainant and the accused work in different departments. [1]
The Division Bench of Justices C Hari Shankar and Manoj Jain extenuated that there exists no provision in the Act limiting its application. They further stated that such a limitation would ultimately undermine the essence and philosophy of the statute.
The case at hand involved an Indian Revenue Service officer, Sohail Malik who challenged a sexual harassment notice issued to him by the Internal Complaints Committee (ICC). The complaint was made by an Indian Administrative Service Officer. Malik argued that the ICC of one department lacked jurisdiction to conduct an inquiry against an officer from a different department.
The Bench rejected Malik’s argument and clarified that Section 11(1) of the Act is not restrictive in its application as that would go against the constitutional imperative of equal treatment and safety for women in the workplace.
Consequently, the court declined to quash the ICC notice and upheld the decision of the Central Administrative Tribunal (CAT), which had earlier dismissed Malik’s plea, thus setting a precedent in safeguarding women’s rights and underlining a commitment to creating a safe and inclusive work environment. [2]
Written by- Ananya Upadhye, College name – ILS Law College, Pune, Semester- 6 an intern under Legal Vidhiya
[1] Dr Shohail Malik v UOI and Anr
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