POSH Act Leading Cases: Vishaka to Aureliano Fernandes

Courts built the law on workplace sexual harassment before Parliament legislated, and they have shaped it since. This note brings together the cases used across the series: the foundations up to Medha Kotwal Lele, and the decisions on procedure, victimisation and scope that followed the Act. Each case is placed with the principle examiners expect and a cross-reference to the topic that discusses it.

1. Before the Act

Figure 1: Foundations, 1973 to 2012

• Vishaka v State of Rajasthan (1997). The foundation. Sexual harassment at work violates Articles 14, 15, 19(1)(g) and 21; drawing on CEDAW, the Court laid down binding guidelines until Parliament legislated (Topic 2)
• Apparel Export Promotion Council v A.K. Chopra (1999). The first application of Vishaka. An attempt to molest is sexual harassment even without physical contact; the removal of a superior was restored (Topic 14)
• Rupan Deol Bajaj v K.P.S. Gill (1995). A senior police officer slapping a senior woman officer on her posterior in public outraged her modesty under the penal law (Topic 2)
• Hira Nath Mishra (1973). Natural justice adapts to the setting; protecting complainants from confrontation is permissible if the accused knows the case and can answer it (Topic 12)
• Saurabh Kumar Mallick v CAG (Delhi HC, 2008). Workplace is not limited to the office in its ordinary sense (Topic 5)
• Medha Kotwal Lele v Union of India (2012). Fifteen years after Vishaka, the guidelines were poorly implemented; the Court directed that the committee be the inquiring authority and its report the inquiry report (Topics 2 and 24)

2. After the Act

Figure 2: Procedure, victimisation and scope, 2020 to 2025

• Aureliano Fernandes v State of Goa (2023). A hasty inquiry denying a fair hearing vitiated the dismissal; the Court issued directions on constitution, publication and training of committees, followed by orders on District Officers and Local Committees (Topic 8)
• Vijayakumaran C.P.V. v Central University of Kerala (2020). Termination founded on committee findings of misconduct is stigmatic and needs a regular inquiry (Topic 12)
• Punjab and Sind Bank v Durgesh Kuwar (2020). A retaliatory transfer of a woman officer who had complained was quashed (Topic 13)
• P v A (Bombay HC, 2021). Anonymity and confidentiality guidelines for court proceedings arising from the Act (Topic 17)
• Women in Cinema Collective v State of Kerala (Kerala HC, 2022). Film production units must constitute Internal Committees (Topic 25)
• UNS Women Legal Association v Bar Council of India (Bombay HC, 2025). The Act does not apply to advocates, who are not employees of the Bar Councils (Topic 25)
• Political parties (SC, 15 September 2025). The Supreme Court declined to extend the Act to political parties and left the matter to Parliament (Topic 25)

3. The Cases by Theme

• Constitutional basis. Vishaka; Durgesh Kuwar.
• Meaning of sexual harassment. A.K. Chopra; Rupan Deol Bajaj.
• Workplace and scope. Saurabh Kumar Mallick; Women in Cinema Collective; UNS Women Legal Association; the 2025 political parties ruling.
• Procedure and fairness. Hira Nath Mishra; Vijayakumaran; Aureliano Fernandes.
• Implementation. Medha Kotwal Lele; Aureliano Fernandes.
• Confidentiality. P v A.

4. Frequently Asked Questions

Which case is the foundation of the POSH Act?

Vishaka v State of Rajasthan (1997), in which the Supreme Court held that sexual harassment at the workplace violates Articles 14, 15, 19(1)(g) and 21 and laid down guidelines that applied until the 2013 Act.

Which is the leading post-Act case on implementation?

Aureliano Fernandes v State of Goa (2023), where the Supreme Court set aside a dismissal for a hasty inquiry and issued directions for constituting, publicising and training committees, followed by continuing orders on District Officers and Local Committees.

5. Related Topics

• Topic 2: Vishaka and the Guidelines Era. The foundation in detail.
• Topic 8: POSH Committees in Practice. Aureliano Fernandes in detail.
• Topic 12: Natural Justice in POSH Inquiries. Procedure cases.
• Topic 28: Revision Chart. The whole Act at a glance.