In X v. Internal Complaints Committeethe aggrieved woman sought relief under the POSH Act. “Woman aggrieved” under the Act has been specifically defined to include women of any age, whether or not employed by the organization concerned. Thus, even a female customer or a customer subjected to sexual harassment by an employee at a particular workplace may seek protection under this law.

The main issue in the case before the Karnataka High Court was whether the taxi driver could be considered an “employee” of Ola and therefore liable to proceedings under the POSH Act. While Ola claimed the status of a mere aggregator and relegated the driver to the status of a third party contractor, it found it difficult to evade the broad definition of employee under the POSH Act. The law covers different types of employees – “whether regular, temporary, ad hoc or on a daily wage basis, either directly or through an agent, including a contractor, with or without the knowledge of the principal employer…”. This broad definition indicates the legislative intent to ensure that the employer does not shirk its responsibility by pretending that it has no direct relationship with its employee. Also, the Court in this case, after identifying the nature of the relationship between the driver and the platform under the subscription agreement and other factors, determined that the driver falls within this definition of “employee” and could therefore be subject to proceedings under the POSH Act.

It should also be noted that the punishment meted out to Ola was for failure to act, i.e. for not initiating proceedings against the driver under the POSH Act, and not as a liability for the acts of its driver. The driver would have to appear before the ICC in Ola and could face disciplinary action or dismissal depending on the ICC’s findings. However, as the decision has been suspended for now, the applicability of the POSH Act remains uncertain.

Apart from the investigation under the POSH Act, parallel proceedings can also be initiated against the individual driver under criminal law. The criminal law extends to the personal liability of the perpetrator and provides a remedy in the form of imprisonment and a fine for various offenses against women, such as sexual harassment, insulting or outraging the modesty of a woman, rape, etc. The crime of sexual harassment. under Bharatiya Nyaya Sanhita, 2023 (NSB) covers a wide range of behaviours, including unwanted physical contact, explicit sexual overtures, asking or asking for sexual favours, and making sexually colored remarks. In most cases of crimes against women, the court has the right to divert the fine to compensate the injured woman.

And in the case of the 2014 Uber rape, the driver was convict for the crimes of rape, kidnapping, intimidation and injury. This liability, however, cannot be extended to any company or corporate entity.