On 12 December 2025, the Supreme Court issued a key ruling that quietly fixes a long-standing grey zone in workplace sexual-harassment procedure. A bench of Justices J K Maheshwari and Vijay Bishnoi held that when an aggrieved woman 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 respondent works. The case involved a 2010-batch IRS officer challenging an inquiry initiated by the ICC of a 2004-batch IAS officer’s department. He argued only his own department’s ICC could try him. The court rejected that stance, stressing the survivor should not be forced into the arena structurally aligned with the person she is accusing.
For many women and HR leaders, this judgment lands like an overdue correction. In complex bureaucracies and conglomerates, complainants have often been bounced between departments, told their home ICC has “no jurisdiction” because the alleged harasser is posted elsewhere or on deputation. That turf game adds another layer of exhaustion to an already intimidating process. Emotionally, the ruling affirms something basic: the system should centre the survivor’s safety and comfort, not the convenience or prestige of the accused’s organisation. For cross-functional teams and inter-departmental projects, it also reassures employees that they are not jurisdictionally stranded just because their dotted-line manager sits in another ministry, PSU, or group company. The psychological message is simple but powerful — your own workplace’s mechanisms are meant to protect you, even when the power lies outside your immediate hierarchy.
For compliance and leadership, this is a signal to recheck PoSH frameworks, especially in organisations with multiple entities, secondments, or deputations. Policies need to make it explicit that the ICC of the aggrieved woman’s establishment will take the lead, while the accused’s organisation must cooperate fully — providing records, securing attendance, and enforcing any recommended action. HR heads should review inter-company MoUs, deputation letters, and group-level PoSH policies to ensure they align with this principle instead of leaving gaps that lawyers later exploit. Training for senior managers and ICC members must now include examples of cross-department cases, so no one casually dismisses a complaint for “lack of jurisdiction.” This ruling is also a nudge to audit whether ICCs are genuinely independent in practice, not just on paper.
What would you need to change in 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?
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7For many women and HR leaders, this judgment lands like an overdue correction. In complex bureaucracies and conglomerates, complainants have often been bounced between departments, told their home ICC has “no jurisdiction” because the alleged harasser is posted elsewhere or on deputation. That turf game adds another layer of exhaustion to an already intimidating process. Emotionally, the ruling affirms something basic: the system should centre the survivor’s safety and comfort, not the convenience or prestige of the accused’s organisation. For cross-functional teams and inter-departmental projects, it also reassures employees that they are not jurisdictionally stranded just because their dotted-line manager sits in another ministry, PSU, or group company. The psychological message is simple but powerful — your own workplace’s mechanisms are meant to protect you, even when the power lies outside your immediate hierarchy.
For compliance and leadership, this is a signal to recheck PoSH frameworks, especially in organisations with multiple entities, secondments, or deputations. Policies need to make it explicit that the ICC of the aggrieved woman’s establishment will take the lead, while the accused’s organisation must cooperate fully — providing records, securing attendance, and enforcing any recommended action. HR heads should review inter-company MoUs, deputation letters, and group-level PoSH policies to ensure they align with this principle instead of leaving gaps that lawyers later exploit. Training for senior managers and ICC members must now include examples of cross-department cases, so no one casually dismisses a complaint for “lack of jurisdiction.” This ruling is also a nudge to audit whether ICCs are genuinely independent in practice, not just on paper.
What would you need to change in 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?
Acknowledge(0)Amend(0)
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.
From India, Gurugram
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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.
From India, Gurugram
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11 Years of Supreme Court.doc
LTA Order of Supreme Court.pdf
Judgement by supreme court.zip