Gujarat High Court Warns Against ‘Reverse Bias’ in POSH Proceedings

The Gujarat High Court upheld an Internal Complaints Committee (ICC) report that found sexual harassment allegations by a former employee to be false and baseless.

The Court cautioned against the risk of “reverse bias” in POSH proceedings, observing that excessive protection to complainants could unfairly prejudice the accused.

It noted that misuse of the law may end up creating more “glass ceilings” for genuinely deserving employees instead of removing them.

Emphasising adherence to due process, the Court found no bias or illegality in the ICC’s findings and refused to interfere, reiterating that judicial review is limited unless clear perversity or mala fide is established.