Same-gender sexual harassment complaints are maintainable under POSH Act, says Calcutta HC

Kolkata: In a landmark judgment, the Calcutta High Court on Thursday said that same-gender complaints are maintainable as that of sexual harassment of women at workplace which is referred as POSH.

According to the bench headed by Justice Sabyasachi Bhattacharya people of all genders should be included in this act as Section 2 (M) has termed everyone respondent irrespective of gender.

Following the verdict, the Indian Civil Liberties Union took to social media and said, “Same-Gender Sexual Harassment complaints Maintainable under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly referred to as the POSH Act. -Calcutta High Court.”

This judgement came from The Calcutta High Court while judging a writ petition which challenged the action of the Internal Complaints Committee of an institution to accept a complaint under the Act as without jurisdiction on the ground that both the complainant and the respondent belong to the same gender.

The case was of the case Dr. Malabika Bhattacharjee v Internal Complaints Committee, Vivekananda College and others.

Giving the verdict, the Calcutta High Court mentioned that a person of any gender can be threatened by sexual harassment of a person belonging to the same gender so the POSH act of 2013 can maintain the dignity and modesty of any sufferer irrespective of gender.