India: Discrimination, Disability & Sexual Harassment

Welcome to the sixth edition of the e-Bulletin (Volume VIII) brought to you by the Employment, Labour and Benefits practice group of Khaitan & Co. This e-Bulletin covers regulatory developments, case law updates and insights into industry practices that impact businesses from a sector agnostic standpoint.

The workplace should be a space of professional dignity, free from harassment and exploitation. Recognizing this, India enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 – commonly known as the POSH Act- a landmark legislation that fundamentally reshaped how organizations address sexual misconduct. The law acknowledges that sexual harassment constitutes a grave violation of a woman’s fundamental rights to equality, life, and liberty under the Constitution of India

In an era where workplaces are rightly held to higher standards of decorum and sensitivity, courts are increasingly called upon to draw a difficult but essential line i.e. between conduct that is genuinely sexually harassing and conduct that is merely unprofessional or rude.

In a significant development aimed at strengthening workplace safety within India’s legal fraternity, the Bar Council of India (BCI) has issued an extensive set of guidelines calling for mandatory adoption of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) compliant mechanisms across bar associations, law offices, State Bar Councils, and the BCI itself

The Tribunal awarded £20,735.91 (approximately INR 29 lakhs) in compensation to an Irish woman who suffered repeated racial harassment at the hands of her company’s director. The Tribunal found that the company’s director repeatedly targeted her Irish heritage through mocking slurs- including “potato”, “Paddy”, “stupid Paddy” and “pikey”.

In a significant step toward strengthening workplace safety and institutional accountability, the Government of Nagaland has formally notified a Secretariat-level Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).

The judgment delivered by the Orissa High Court in Mani Machha v. State of Odisha represents a watershed moment in Indian administrative law, particularly concerning the intersection of gender equality...

"Being a victim of such a deplorable act not only dents the esteem of a woman but also takes a toll on her emotional, mental, and physical health."

This e-Bulletin covers regulatory developments, case law updates and insights into industry practices that impact businesses from a sector agnostic standpoint...