Topic
The Delhi High Court ruled that the POSH Act does not replace an employer’s service rules and that a Voluntary Cessation of Service order cannot be invoked to retaliate against an employee who files a harassment complaint. This safeguards complainants’ job security and entitles them to back-wages and compensation.
Bombay High Court at Goa rules that the Internal Complaints Committee (ICC) cannot shield the identity of a known instigator of a false sexual harassment complaint under the POSH Act. The court directed the ICC to amend its findings to explicitly name the principal who coerced the complainant, ensuring transparency and accountability in workplace harassment proceedings.
The Supreme Court has ruled that when serious sexual offence allegations are met with credible counter-claims of extortion, anticipatory bail cannot be denied solely on the basis of gravity. This shifts the legal calculus in workplace harassment cases, requiring courts to weigh the credibility of both sides before denying liberty, and sets a new precedent for balancing natural justice against stigmatic accusations.