JULY 2026 EDITION

HR NUGGETS

• HR personnel must be aware that at present the PoSH Act does not account for cisgender men, transgender men, and other individuals across the broader LGBTQ+ spectrum and therefore, an IC does not have the authority to preside over a complaint filed by said persons.

• The PoSH Act does not mandate that an organisation's POSH policy needs to be gender neutral. However, by deploying a gender-neutral PoSH policy, employers can make contribute to making employees feel safe and comfortable in their working environment.

• Conducting regular training and awareness programs that include information on diversity, inclusion, and LGBTQ+ issues can foster a more understanding and supportive workplace.

• While the POSH Act explicitly protects aggrieved women, it provides men with a redressal mechanism to plead their case in the event of a false or malicious 'accusation.

FEATURED POSH CASE

Facts:

In this case, concerns were raised regarding the Gender Sensitization and Sexual Harassment of Women regulations at the Supreme Court of India, which were framed under the ambit of the PoSH Act and implemented by the Apex Court to address gender sensitization and sexual harassment in the workplace in relation the court’s own premises. It was contended that, in light of subsequent developments in the law and the recognition of the constitutional rights of other persons, including LGBTQIA+ individuals, the Regulations were wholly inadequate to protect the interests of these groups. As a result, it was requested that directions be issued to make the Regulations gender neutral and to include LGBTQIA+ persons within the definition of an "Aggrieved Woman."

Issue:

Whether the Gender Sensitisation and Sexual Harassment Regulations (GSSH) can be legally amended to protect LGBTQIA+ individuals from sexual harassment on court premises?

Decision:

The Court held that the Regulations were formulated in view of Article 15(3) of the Constitution of India and to uphold the constitutional rights of equality and equal protection under Article 14. It observed that the existing definition of “aggrieved woman” does not include persons belonging to the LGBTQIA++ community. Therefore, if an LGBTQIA++ individual experiences sexual harassment, the current Regulations may not provide a specific remedy. However, organisations can take proactive steps by adopting gender-neutral policies to ensure protection for all employees.