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Supreme Court of India 2025-12-10 dismissed

DR. SOHAIL MALIK vs UNION OF INDIA & ANR

Bench: 2 — J.K. Maheshwari, Vijay Bishnoi

In Brief

A senior IAS officer filed a complaint with her department's Internal Complaints Committee (ICC) alleging sexual harassment by an IRS officer from a different department. The respondent challenged the ICC's jurisdiction, arguing only his own department's ICC could inquire. The Supreme Court upheld ICC jurisdiction at the complainant's workplace, holding that the POSH Act's broad definitions of "workplace," "employee," and "respondent" apply across departmental boundaries. The Court emphasized that the POSH Act, a victim-centric social welfare legislation, must be interpreted purposively to protect women's constitutional rights to dignity and equality. Technical jurisdictional restrictions would undermine the statute's protective purpose. The Court clarified that the ICC conducts a fact-finding inquiry, with the respondent's employer taking final disciplinary action based on findings transmitted under Section 13.

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Sexual Harassment at Workplace POSH Act, 2013 Gender Justice Workplace Protection Internal Complaints Committee Administrative Law Service Law Constitutional Law Statutory Interpretation Inter-departmental Jurisdiction

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