Rrecent judgment of the Madras High Court has emphasised on a nuanced approach to fairness, appreciation of evidence, and procedural justice in sexual harassment inquiries. The decision also seeks to strengthen victim-centric jurisprudence to ensure that workplaces remain safe and harassment-free.1
Brief facts :
The employer filed a writ petition before the Madras High Court challenging the order of the Principal Labour Court, Chennai, which set aside the recommendations of the Internal Complaints Committee (ICC) regarding allegations of sexual harassment against the respondent (alleged harasser) working in a managerial position. The ICC constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act) had conducted an inquiry and found the respondent guilty of inappropriate behaviour.
The complainants alleged that the respondent engaged in unwelcome conduct, including physical proximity, inappropriate verbal remarks, and inquiries about personal matters. Based on its findings, the ICC...