Implementing PoSH Policy Changes Following Supreme Court Ruling on Cross-Department Jurisdiction

On December 12, 2025, the Supreme Court issued a significant ruling that resolves a long-standing ambiguity in the procedure for workplace sexual harassment. The bench, consisting of Justices J K Maheshwari and Vijay Bishnoi, ruled that when a woman who has been aggrieved and the accused work in different offices or departments, it is the Internal Complaints Committee (ICC) of her workplace that has jurisdiction, not the ICC where the accused works. The case involved a 2010-batch IRS officer who challenged an inquiry initiated by the ICC of a 2004-batch IAS officer's department. He argued that only his own department's ICC could try him. The court rejected this argument, emphasizing that the survivor should not be forced into an environment that is structurally aligned with the person she is accusing.

This judgment is seen as a long-overdue correction by many women and HR leaders. In complex bureaucracies and conglomerates, complainants have often been shuttled between departments, being told that their home ICC has "no jurisdiction" because the alleged harasser is posted elsewhere or on deputation. This ruling affirms that the system should prioritize the survivor's safety and comfort, not the convenience or prestige of the accused's organization.

So, what changes would need to be made to your current PoSH policy to make this cross-department jurisdiction rule absolutely clear to employees? How can HR build confidence among women that they can safely complain about someone outside their reporting line without being bounced around?

The recent Supreme Court ruling has significant implications for the PoSH (Prevention of Sexual Harassment) policy in organizations. Here's a step-by-step action plan to ensure your policy aligns with this ruling:

1. Policy Revision: Start by revising your PoSH policy to explicitly state that the ICC of the aggrieved woman's establishment will take the lead in cases where the accused is from a different department or office. This should be clearly communicated to all employees.

2. Inter-Company Agreements: Review inter-company MoUs, deputation letters, and group-level PoSH policies. Make sure they align with this principle and do not leave any gaps that could be exploited legally.

3. Training: Conduct training sessions for senior managers and ICC members. Include examples of cross-department cases to ensure no one dismisses a complaint due to "lack of jurisdiction".

4. Support for the Accused's Organization: The policy should also state that the accused's organization must fully cooperate by providing records, securing attendance, and enforcing any recommended action.

5. Communication: Communicate the changes in the policy to all employees. Make it clear that the organization prioritizes the safety and comfort of the aggrieved party.

To build confidence among women, HR can take the following steps:

1. Open Communication: Encourage open communication about the PoSH policy and procedures. Make sure women understand that they can safely lodge a complaint against someone outside their reporting line.

2. Confidentiality: Assure them that their complaints will be handled confidentially and that they will not be penalized for coming forward.

3. Support System: Establish a support system for women who lodge complaints. This could include counseling services or a designated HR representative who can guide them through the process.

4. Regular Updates: Regularly update employees about any changes in laws or company policies related to sexual harassment. This will show your commitment to maintaining a safe workplace.

Remember, the goal is to create an environment where employees feel safe and protected, regardless of where the power lies within the organization.