Supreme Court: Under which circumstances, Complaint of sexual harassment becomes time barred?

 Section 9 of the Act postulates that any aggrieved woman may make a complaint, in writing, of sexual harassment at the work place to the Local Committee within a period of three months from the date of incident, and in the case of series of incidents, within a period of three months from the date of the last incident. The second proviso to Section 9 provides that the LCC may for reasons to be recorded in writing, extend the time of making the complaint not exceeding three months, if it is satisfied that the circumstances prevailing prevented the woman from filing of the complaint within the period prescribed.{Para 13}

14. In other words, a complaint of sexual harassment is mandatorily required to be filed within a period of three months from the date of the last incident of such harassment or within a further extended period of three months, i.e., within a maximum period of six months from the date of the last incident of sexual harassment.

15. No doubt, the issue of limitation is ordinarily a mixed question of fact and law and it may not be possible to throw out a complaint at the threshold without collecting material on the factual aspects relating to the limitation. Nonetheless, where a complaint on the simple reading of the averments made therein appears to be patently barred by limitation, it can be rejected at the very first instance on the analogy of Order VII Rule 11 Code of Civil Procedure, without even calling the other side to participate in the proceedings.

23. The last incident of actual sexual harassment took place in April 2023. The subsequent incident of August 2023, whereunder the Appellant was removed as Director of CFRGS, with no financial implications arose out of a complaint received from the Central Government undertaking i.e. NFCG wherein Appellant was specifically named. The said action was taken completely independently on the basis of the complaint of NFCG alleging that the project report was not submitted within time and that the amount sanctioned for the project be refunded. It may be pertinent to note that the MoU was signed by the Appellant with the NFCG and the bank account was also under her control.

24. In view of the above, the incident of removal of Appellant as the Director of CFRGS cannot be attributed as an act of sexual harassment in connection with the previous incidents. It was based upon the report of NFCG, an independent body.

25. The inquiry into the project funds was taken up by the Executive Council and it was a collective decision and not a unilateral action of the Vice-Chancellor. Thus, the said act would also not amount to an act of sexual harassment in conjunction with the previous reported acts.

26. The actions taken against the Appellant in August 2023, are administrative in nature and does not create a gender based hostile environment, and hence, fall short of being actions amounting to acts of sexual harassment.

27. It would be important to refer to the expressions "in relation to" or "connected with" used in Section 3(2) of the Act. The use of the above expression clearly demonstrates that there has to be a direct link between the action complained of and an overt act of sexual harassment. In view of what has been said above, we find no such direct link between the last incident of sexual harassment which happened in April 2023, and those referred to subsequently in August 2023 or December 2023.

29. The alleged act of harassment of April 2023, was a complete act in itself and had not continued thereafter. The administrative measures of August 2023, were independent and were collective decisions of the NFCG and the Executive Council which cannot be solely attributed to the Vice-Chancellor. The said decision may have caused inconvenience to the Appellant or may have given an impression that they are in line with previous acts of harassment, but they were not part of the continued sexual harassment. The subsequent events have no connection to the earlier act of sexual misconduct and as such, fall clearly out of the preview of acts or behaviours amounting to sexual harassment. In this way, the incident of April 2023, remains the last event related to sexual harassment.

32. In view of the aforesaid facts and circumstances as well as the discussion, we are of the view that the Division Bench of the High Court committed no error of law in restoring the decision of the LCC that the complaint of the Appellant is time barred and is liable to be dismissed.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 11786 of 2025.

Decided On: 12.09.2025

Vaneeta Patnaik Vs. Nirmal Kanti Chakrabarti and Ors.

Hon'ble Judges/Coram:

Pankaj Mithal and P.B. Varale, JJ.

Author: Pankaj Mithal, J.

Citation: 2025 INSC 1106, MANU/SC/1270/2025.

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5 Game-Changing Lessons from the Supreme Court Case That Redefined Workplace Safety in India

 

Introduction: When Two Laws Collide

What happens when a law designed to protect women at the workplace clashes with the strict disciplinary rules for government officers? This question stood at the center of a landmark 2025 Supreme Court case, Dr. Sohail Malik v. Union of India. This pivotal judgment was not just about a dispute between two officers; it was a battleground where two powerful legal frameworks collided, and the outcome has reshaped the landscape of workplace justice in India.

1. The Entire Case Pivoted on a Single Word: 'Where'

The case began when an IAS officer in the Department of Food and Public Distribution filed a sexual harassment complaint with her department's Internal Complaints Committee (ICC) following an incident at her workplace, Krishi Bhavan. The accused, Dr. Sohail Malik, an IRS officer from the Revenue Department, made a powerful legal argument: the complainant's ICC had no jurisdiction over him. He contended that he was governed exclusively by his department's service rules (the CCS CCA Rules, 1965).

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Important provisions of Criminal minor Acts(Part 2)

 

1) Important provisions of Maharashtra Control of Organised Crime Act, 1999

https://www.lawweb.in/2024/06/important-provisions-of-maharashtra.html

2) Important provisions of Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999

https://www.lawweb.in/2024/07/important-provisions-of-maharashtra.html

3) Important provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

https://www.lawweb.in/2025/01/important-provisions-of-sexual.html

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What are key provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and how it is different from Vishaka guidelines?

 Key Provisions of the POSH Act

1. Definition of Sexual Harassment

The POSH Act defines sexual harassment broadly, including unwelcome acts such as:

- Physical contact and advances.

- Demand or request for sexual favors.

- Making sexually colored remarks.

- Showing pornography.

- Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

2. Applicability

The Act applies to:

- All workplaces in India, including public and private sectors.

- Women of any age, whether employed or not, who allege to have been subjected to sexual harassment.

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Important provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

[Act 14 of 2013 as amended up to Act 23 of 2016 and updated as of 30th April 2024]

An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto

Whereas sexual harassment results in violation of the fundamental rights of a woman to equality under Articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under Article 21 of the Constitution and right to practice any profession or to carry on any occupation, trade or business which includes a right to a safe environment free from sexual harassment;

And whereas the protection against sexual harassment and the right to work with dignity are universally recognised human rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on the 25th June, 1993 by the Government of India;

And whereas it is expedient to make provisions for giving effect to the said Convention for protection of women against sexual harassment at workplace;

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Supreme Court: Enquiry under POSH Act is to be conducted afresh if there is violation of principle of natural justice

 In fact, the glaring defects and the procedural lapses in the inquiry proceedings took place only thereafter, in the month of May, 2009, when 12 hearings, most of them back-to-back, were conducted by the Committee at a lightning speed. On the one hand, the Committee kept on forwarding to the Appellant, depositions of some more complainants received later on and those of other witnesses and called upon him to furnish his reply and on the other hand, it directed him to come prepared to cross-examine the said complainants and witnesses as also record his further deposition, all in a span of one week. Even if the medical grounds taken by the Appellant seemed suspect, the Committee ought to have given him reasonable time to prepare his defence, more so when his request for being represented through a lawyer had already been declined. It was all this undue anxiety that had led to short-circuiting the inquiry proceedings conducted by the Committee and damaging the very fairness of the process. {Para 73}

74. For the above reasons, the Appellant cannot be faulted for questioning the process and its outcome. There is no doubt that matters of this nature are sensitive and have to be handled with care. The Respondents had received as many as seventeen complaints from students levelling serious allegations of sexual harassment against the Appellant. But that would not be a ground to give a complete go by to the procedural fairness of the inquiry required to be conducted, more so when the inquiry could lead to imposition of major penalty proceedings. When the legitimacy of the decision taken is dependent on the fairness of the process and the process adopted itself became questionable, then the decision arrived at cannot withstand judicial scrutiny and is wide open to interference. It is not without reason that it is said that a fair procedure alone can guarantee a fair outcome. In this case, the anxiety of the Committee of being fair to the victims of sexual harassment, has ended up causing them greater harm.

75. This Court is, therefore, of the opinion that the proceedings conducted by the Committee with effect from the month of May, 2009, fell short of the "as far as practicable" norm prescribed in the relevant Rules. The discretion vested in the Committee for conducting the inquiry has been exercised improperly, defying the principles of natural justice. As a consequence thereof, the impugned judgment upholding the decision taken by the EC of terminating the services of the Appellant, duly endorsed by the Appellate Authority cannot be sustained and is accordingly quashed and set aside with the following directions:

(i) The matter is remanded back to the Complaints Committee to take up the inquiry proceeding as they stood on 5th May 2009.

(ii) The Committee shall afford adequate opportunity to the Appellant to defend himself.

(iii) The Appellant shall not seek any adjournment of the proceedings.

(iv) A Report shall be submitted by the Committee to the Disciplinary Authority for appropriate orders.

(v) Having regard to the long passage of time, the Respondents are directed to complete the entire process within three months from the first date of hearing fixed by the Committee.

(vi) The procedure to be followed by the Committee and the Disciplinary Authority shall be guided by the principles of natural justice.

(vii) The Rules applied will be as were applicable at the relevant point of time.

(viii) The decision taken by the Committee and the Disciplinary Authority shall be purely on merits and in accordance with law.

(ix) The Appellant will not be entitled to claim immediate reinstatement or back wages till the inquiry is completed and a decision is taken by the Disciplinary Authority.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 2482 of 2014

Decided On: 12.05.2023

Aureliano Fernandes Vs. State of Goa and Ors.

Hon'ble Judges/Coram:

A.S. Bopanna and Hima Kohli, JJ.

Author: Hima Kohli, J.

Citation: AIR 2023 SC 2485,MANU/SC/0572/2023.

Read full Judgment here: Click here.

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Leading Supreme Court Judgment on Prevention of Sexual harassment Act (POSH ACT 2013)

O. DIRECTIONS

79. To fulfil the promise that the PoSH Act holds out to working women all over the country, it is deemed appropriate to issue the following directions:

(i) The Union of India, all State Governments and Union Territories are directed to undertake a time bound exercise to verify as to whether all the concerned Ministries, Departments, Government organizations, authorities, Public Sector Undertakings, institutions, bodies, etc. have constituted ICCs/LCs/ICs, as the case may be and that the composition of the said Committees are strictly in terms of the provisions of the PoSH Act.

(ii) It shall be ensured that necessary information regarding the constitution and composition of the ICCs/LCs/ICs, details of the e-mail IDs and contact numbers of the designated person(s), the procedure prescribed for submitting an online complaint, as also the relevant rules, Regulations and internal policies are made readily available on the website of the concerned Authority/Functionary/ Organisation/Institution/Body, as the case may be. The information furnished shall also be updated from time to time.

(iii) A similar exercise shall be undertaken by all the Statutory bodies of professionals at the Apex level and the State level (including those regulating doctors, lawyers, architects, chartered accountants, cost accountants, engineers, bankers and other professionals), by Universities, colleges, Training Centres and educational institutions and by government and private hospitals/nursing homes.

(iv) Immediate and effective steps shall be taken by the authorities/ managements/employers to familiarize members of the ICCs/LCs/ICs with their duties and the manner in which an inquiry ought to be conducted on receiving a complaint of sexual harassment at the workplace, from the point when the complaint is received, till the inquiry is finally concluded and the Report submitted.

(v) The authorities/management/employers shall regularly conduct orientation programmes, workshops, seminars and awareness programmes to upskill members of the ICCs/LCs/ICs and to educate women employees and women's groups about the provisions of the Act, the Rules and relevant Regulations.

(vi) The National Legal Services Authority(NALSA) and the State Legal Services Authorities(SLSAs) shall develop modules to conduct workshops and organize awareness programmes to sensitize authorities/managements/employers, employees and adolescent groups with the provisions of the Act, which shall be included in their annual calendar.

(vii) The National Judicial Academy and the State Judicial Academies shall include in their annual calendars, orientation programmes, seminars and workshops for capacity building of members of the ICCs/LCs/ICs established in the High Courts and District Courts and for drafting Standard Operating Procedures (SOPs) to conduct an inquiry under the Act and Rules.

(viii) A copy of this judgment shall be transmitted to the Secretaries of all the Ministries, Government of India who shall ensure implementation of the directions by all the concerned Departments, Statutory Authorities, Institutions, Organisations etc. under the control of the respective Ministries. A copy of the judgment shall also be transmitted to the Chief Secretaries of all the States and Union Territories who shall ensure strict compliance of these directions by all the concerned Departments. It shall be the responsibility of the Secretaries of the Ministries, Government of India and the Chief Secretaries of every State/Union Territory to ensure implementation of the directions issued.

(ix) The Registry of the Supreme Court of India shall transmit a copy of this judgment to the Director, National Judicial Academy, Member Secretary, NALSA, Chairperson, Bar Council of India and the Registrar Generals of all the High Courts. The Registry shall also transmit a copy of this judgment to the Medical Council of India, Council of Architecture, Institute of Chartered Accountants, Institute of Company Secretaries and the Engineering Council of India for implementing the directions issued.

(x) Member-Secretary, NALSA is requested to transmit a copy of this judgment to the Member Secretaries of all the State Legal Services Authorities. Similarly, the Registrar Generals of the State High Courts shall transmit a copy of this judgment to the Directors of the State Judicial Academies and the Principal District Judges/District Judges of their respective States.

(xi) The Chairperson, Bar Council of India and the Apex Bodies mentioned in sub-para (ix) above, shall in turn, transmit a copy of this judgment to all the State Bar Councils and the State Level Councils, as the case may be.

80. The Union of India and all States/UTs are directed to file their affidavits within eight weeks for reporting compliances. List after eight weeks.

 IN THE SUPREME COURT OF INDIA

Civil Appeal No. 2482 of 2014

Decided On: 12.05.2023

Aureliano Fernandes Vs. State of Goa and Ors.

Hon'ble Judges/Coram:

A.S. Bopanna and Hima Kohli, JJ.

Author: Hima Kohli, J.

Citation: AIR 2023 SC 2485,MANU/SC/0572/2023.

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Whether Person Facing Sexual Harassment Enquiry Can Be Represented By Lawyer Or Next Friend Before ICC

Petitioner seeks to be represented in the said enquiry proceedings by a person of legal background. In this regard, he is aggrieved by an e-mail communication dated 23rd September 2022 received from ICC wherein his request to engage an advocate was declined on account of an express bar to legal representation under Rule 7(6) of Rules. {Para 5}

18. Nevertheless, in the opinion of the court, once the Petitioner gave up the challenge to the provision, he cannot be permitted to seek an alternate prayer in the nature of relief (iv) above in absence of any enabling provision under the Act or Rules which entitles the Petitioner to be represented, as the bar under Rule 7(6) would certainly apply.

19. If the Court would allow such an interpretation, then this provision would become redundant, and a floodgate of law graduates, who may not be enrolled with the bar councils to become an ‘advocate’ but are still practicing law, would pour in. The purpose of keeping the proceedings fact-based and free expert legal advisory, would be lost. That apart, there is also merit in the observation that this will create a prejudice for the complainant, whose case is also being considered by the internal committee without the aid of the legal practitioner or next friend.

 IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 14547/2022

JOHNEY REBERIO Vs  UNION OF INDIA & ORS

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

Date of Decision: 14th October, 2022

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Bombay high court clarifies that its guidelines in POSH Act do not apply to all cases under POSH Act.

  The directions had to be confined to this particular case.

They could not possibly have had any larger or wider applicability for the simple reason that any such Rules of general applicability would have to be approved by the Full Court. A delegation of the authority of the Full Court would have to be in a manner known to law. A Single Judge hearing a particular matter within his rostered assignment has no authority or jurisdiction to issue any rules binding the entire Court. It is only the Full Court or the Hon’ble the Chief Justice which or who can do that. Very possibly, such Rules might even have been required to be notified in the official gazette. None of this was in contemplation at any time on 24th September 2021. {Para 5}

7. Ms Jaising agrees that this sufficiently addresses her clients’

concerns in the Interim Application. She therefore does not press

the Application. It is disposed of in these terms. 

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION (L) NO. 2215 OF 2022

IN

SUIT NO. 142 OF 2021

Forum Against Oppression of Women …Applicant

In the matter between

P ...Plaintiff  Vs A & Ors …Defendants

CORAM: G.S. PATEL, J

DATED: 17th March 2022

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Whether Mere Discrimination On Ground Of 'Sex' Without Sexual Undertones will amount to Sexual Harassment Under POSH Act?

Apparently, the 2013 Act does not contemplate a

situation of discrimination on the basis of sex whereas it

specifically deals with sexual harassment in the workplace.

The very concept of  sexual harassment in a workplace against a woman should start from an express or implied sexual advance, sexual undertone or unwelcome behaviour which has a sexual tone behind it without which provisions of Act 2013 will not apply. In Anil Rajagopal

(supra) also, this Court had while interpreting 2013 Act had

arrived at the very same finding.

14. In the result, we do not think that Anil Rajagopal

(supra) requires any reconsideration. We would only clarify that

any form of sexual approach or behaviour that is unwelcome will

come under the definition of 'sexual harassment' and it is not

confined to any of the sub clauses mentioned in Section 2(n),

which of course will depend upon the materials placed on record

and on a case to case basis. But it is made clear that in order to

take action under the 2013 Act, the acts complained of should

come within the purview of S.2(n) and Section 3 of the Act or any

other form of sexual treatment or sexual behaviour on the part of the respondent.

 IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

 MR.JUSTICE A.M.SHAFFIQUE

&

 MR. JUSTICE GOPINATH P.

Dated:  02ND DAY OF DECEMBER 2020 

WP(C).No.9219 OF 2020(B)

DR.PRASAD PANNIAN Vs THE CENTRAL UNIVERSITY OF KERALA

Author: Shaffique, J.

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