HR Law Hotline: Employer vs. Managerial Control: Understanding Liability in POSH Cases

Employer vs. Managerial Control: Understanding Liability in POSH Cases

This article was first published in lexology.com (September, 18, 2025).

With increasing sensitivity towards workplace harassment against women, there have been growing judicial precedents on the extent and application of the anti-sexual harassment law in India. Recently, the Delhi High Court (“Court”) in X v. Akademi,[1] contemplated the competent authority for a sexual harassment complaint against a senior employee holding position of ‘Secretary’ in Akademi and acting as an executive head and administrator-in-charge in respect of termination of the aggrieved woman, who was a probationer. This article seeks to provide insights into the Court’s decision and the underlying factors that led to its judgment, while examining key facets of POSH compliance, institutional responsibility, and the evolving judicial approach towards ensuring safer workplaces for women in India.

INTRODUCTION

India’s anti-sexual harassment law, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”), was enacted as a legislative action pursuant to the Supreme Court’s directions in Vishaka & Ors v. State of Rajasthan & Ors.[2] It serves as a landmark legislation ensuring safe and dignified workplaces for women, and protection against sexual harassment of women by outlining preventive measures, complaint mechanisms and accountability of employers in addressing complaints of sexual harassment. Yet, in practice, internal redressal systems often falter, with institutions failing to appropriately address and provide redressal to complainants, thus falling short of the institutions’ obligations in upholding the spirit of the law.

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Authors

- Somya Bhargava, Kajol Pokkhriyal and Deepti Thakkar

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