Bombay High Court says shared auto not 'workplace' under PoSH Act, sets aside ICC order
GS2Polity · Governance · IR· Vulnerable sections (SC/ST, minorities, disabled, elderly, children)· Prelims + Mains·
Why in news
The Bombay High Court clarified the scope of the PoSH Act by ruling that a shared auto-rickshaw used for commuting is not a 'workplace' for the purpose of the Act.
Background
The Bombay High Court set aside an Internal Complaints Committee (ICC) order regarding a State Bank of India employee's conduct. The court ruled that the incident occurred during a commute in a shared auto-rickshaw, which falls outside the legal definition of a 'workplace' under the PoSH Act, 2013.
Facts for Prelims
- Act / BillPoSH Act, 2013: Provides for the prevention, prohibition, and redressal of sexual harassment of women at workplaces.
- BodyInternal Complaints Committee (ICC): A mandatory body under the PoSH Act for organizations with 10 or more employees.
- FactThe Bombay High Court ruled that shared transport for commuting does not constitute a 'workplace' under the 2013 Act.
For Mains
Q. Discuss the limitations of the PoSH Act, 2013, in addressing sexual harassment in public transport and suggest measures to bridge the legal vacuum.
Dimensions to cover in your answer
- Jurisdictional gap: Legal exclusion of public transport creates a 'safe zone' for offenders outside of formal office premises.
- Legislative limitation: The PoSH Act's workplace-centric definition fails to protect women in the 'last-mile' connectivity phase.
- Institutional bottleneck: ICCs lack the mandate to adjudicate crimes occurring in public spaces despite being employer-linked.
Keywords: Jurisdictional clarity · Legal vacuum · Last-mile connectivity · Gender-sensitive legislation · Judicial interpretation
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