India: Discrimination, Disability & Sexual Harassment

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 commonly known as the POSH Act provides a statutory framework for addressing complaints pertaining to sexual harassment at workplace.

India's labour law landscape underwent significant transformation in 2026, with the Ministry of Labour and Employment launching major compliance campaigns including the Employees' Enrolment Campaign and VISHWAS scheme for settling EPF damages disputes.

Can a matrimonial dispute between two spouses working in the same office be treated as a case of workplace sexual harassment? This question has come before the Allahabad High Court in a significant matter that brings into focus an increasingly complex challenge for the Internal Committees (ICs): How should a workplace respond when allegations of harassment arise against the backdrop of an ongoing marital dispute between two employees?

Welcome to the sixth edition of the e-Bulletin (Volume VIII) brought to you by the Employment, Labour and Benefits practice group of Khaitan & Co. This e-Bulletin covers regulatory developments, case law updates and insights into industry practices that impact businesses from a sector agnostic standpoint.

The workplace should be a space of professional dignity, free from harassment and exploitation. Recognizing this, India enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 – commonly known as the POSH Act- a landmark legislation that fundamentally reshaped how organizations address sexual misconduct. The law acknowledges that sexual harassment constitutes a grave violation of a woman’s fundamental rights to equality, life, and liberty under the Constitution of India

In an era where workplaces are rightly held to higher standards of decorum and sensitivity, courts are increasingly called upon to draw a difficult but essential line i.e. between conduct that is genuinely sexually harassing and conduct that is merely unprofessional or rude.

The Maharashtra government has issued a circular empowering various officials to conduct inspections of workplaces to ensure compliance with the Sexual Harassment of Women at Workplace Act, 2013.

The Bar Council of India issued workplace safety guidelines on March 3, 2026, making POSH Act compliance mandatory for all legal bodies including bar associations, law firms, and individual chambers.

On April 15, 2026, the High Court of Karnataka, in a significant order1, directed the State Government to implement its Menstrual Leave Policy across all establishments, both organised and unorganised.