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Showing posts from July, 2025

Madhya Pradesh High Court Clarifies Conciliation is Mandatory Under POSH Act Before Formal Inquiry

In a significant judgment reinforcing the principles of fairness and restorative justice under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 ( POSH Act ), the Madhya Pradesh High Court in the case of Dr. Kali Charan Sabat vs. Union of India & Others (W.P. No. 10021/2024) has held that conciliation under Section 10 of the Act is mandatory before an Internal Committee (IC) proceeds with a formal inquiry, provided the complainant is open to conciliation. The case arose when Dr. Kali Charan Sabat challenged the initiation of an inquiry by the Internal Committee without being given the opportunity for conciliation as envisaged under the POSH Act. The petitioner argued that Section 10 of the Act provides for a mechanism where, upon receipt of a complaint, the IC must offer conciliation to the aggrieved woman before resorting to a full-fledged inquiry. The failure to follow this mandatory step, according to the petitioner, was a violation o...

Who is the Inventor of POSH Law and Is It Good for the Corporate World?

In today’s corporate world, a safe, respectful, and inclusive workplace is not just a goal — it's a necessity. One of the most significant steps taken in India toward ensuring workplace dignity was the introduction of the POSH Law , formally known as The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. But who really invented this law, and is it effective in making the corporate world a better place? Let’s explore. Who is the Inventor of POSH Law? While no single person is credited as the "inventor" of the POSH Law, its roots trace back to a landmark judgment by the Supreme Court of India in the Vishaka vs. State of Rajasthan case in 1997. This judgment laid the foundation for what would later become formal legislation in 2013. The credit for initiating and shaping the POSH law goes to: Vishaka Group of NGOs: A collective of women's rights groups that filed the petition. Justice Verma Committee: Formed after the Nirbhaya cas...