Case Studies

The rulings that shaped POSH in India.

Educational breakdowns of landmark cases every Internal Committee, HR head, and employer should know — in plain English.

Foundational

Vishakha vs State of Rajasthan (1997)

The Supreme Court laid down the Vishakha Guidelines — the first binding framework for workplace sexual harassment in India, and the direct ancestor of the POSH Act, 2013. The takeaway: employer duty is not optional; it is a constitutional obligation flowing from Articles 14, 15, 19, and 21.

Lesson: If your organisation still treats POSH as HR paperwork, you're 27 years behind the Supreme Court.
IC Procedure

TCS Internal Committee vs Tanya Priya

A pointed reminder that Internal Committee procedure — natural justice, opportunity to be heard, reasoned findings — is not a formality. Procedural lapses can unravel even substantively fair outcomes.

Lesson: An untrained IC is a legal liability with a lanyard.
Employer Liability

ICICI Bank vs Vinod Kumar

Courts continue to hold employers accountable for the environment they create — not merely for the incidents they investigate. Culture, tone, and prevention are part of the legal test.

Lesson: Compliance is what you do before the complaint, not after.
Definition

Apparel Export Council vs Aki Chopra

The Supreme Court broadened what counts as sexual harassment — behaviour need not culminate in physical contact to attract liability. Intent, conduct, and impact all count.

Lesson: 'Nothing happened' is not a legal defence — it's a warning sign.
Process

Kerala High Court — POSH Procedural Compliance

A line of Kerala High Court decisions clarifying that documentation, timelines, and annual reports are not decorative — they are the difference between a defensible enquiry and a reversible one.

Lesson: If it isn't in the file, it didn't happen.
Landmark cases aren't history lessons. They are the exact test your next enquiry will be measured against.
Dr. Leo Gertrude David · RIACME
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