Karan Johar’s Dharma Productions Sexual Misconduct Allegations Against Pratik Shah: Applicability of India’s POSH Act and BNS 2023
Introduction
Pratik Shah, a top executive of Karan Johar’s Dharma Productions, has been accused of sexual assault in recent times, which has sparked a heated discussion over workplace safety, corporate accountability, and the extent to which India’s legal structure can provide protection.
The purpose of this lawsuit is to determine whether or not the Prevention of Sexual Harassment (POSH) Act and the new Bharatiya Nyaya Sanhita (BNS) regulations on sexual harassment are applicable in the entertainment business, which is now fighting against requests for transparency.
It is possible that the verdict may influence internal grievance processes throughout Bollywood, thus it will indicate how seriously creative firms must address complaints.
For More Updates & Regular Notes Join Our Whats App Group (https://chat.whatsapp.com/DkucckgAEJbCtXwXr2yIt0) and Telegram Group ( https://t.me/legalmaestroeducators ) contact@legalmaestros.com.
Background of the Allegations
Within the first few months of 2024, Pratik Shah became the Head of Talent Relations at Dharma Productions.
Within a short period of time, a number of workers came forward with allegations that Shah had made inappropriate sexual approaches and made explicit comments at late-night meetings and film shoots they had attended.
A small number of employees have alleged that they were solicited to perform personal favors in return for employment assistance.
Following the receipt of official complaints by the department of human resources, the internal committee at Dharma came to the conclusion that some instances warranted additional investigation and forwarded the case for consideration by an independent body.
Following the public disclosure of these claims in May 2025, survivors demanded stringent action and judicial remedies in accordance with India’s POSH Act and other applicable criminal laws. This sparked significant indignation at the time.
For More Updates & Regular Notes Join Our Whats App Group (https://chat.whatsapp.com/DkucckgAEJbCtXwXr2yIt0) and Telegram Group ( https://t.me/legalmaestroeducators )
Overview of the POSH Act
A specific mandate against sexual harassment in the workplace was established with the passage of the POSH Act in 2013. For the purpose of resolving complaints, it mandates that any company that has 10 or more workers must form an Internal Complaints Committee (ICC).
Unwelcome physical contact, requests for sexual favors, and verbal or non-verbal behavioral patterns that are of a sexual character are all examples of sexual harassment, according to the law.
Employers are obligated to maintain a safe working environment, manage awareness campaigns, and implement quick corrective actions in accordance with the POSH framework, which may be found here.
A noteworthy feature of the Act is that it stipulates sanctions for non-compliance, enabling persons who feel wronged to take their cases to labor courts in the event that internal procedures fail.
Applicability of the POSH Act to Dharma Productions
There are well over ten people working at Dharma Productions, which is a significant film production firm. These people include full-time employees, contractual employees, and freelancers.
The corporation was required to establish a properly constituted ICC in accordance with the POSH Act, which included the inclusion of an external member who was versed in gender problems.
It has been reported that Dharma’s Internal Complaints Committee (ICC) originally consisted of in-house members, but prior to the emergence of complaints, it did not have an external expert.
Regarding the veracity of its early conclusions, as well as the extent to which the organization followed with statutory timeframes and confidentiality requirements, this procedural failure raises issues that need to be answered.
In light of these uncertainties, petitioners have indicated that they intend to approach the labor court in order to confront the constitution of the International Criminal Court and seek a new investigation.
Key Provisions under the POSH Act
The POSH Act’s broad definition of sexual harassment is one of its most noteworthy features. Unwelcome touching, obscene statements, frequent invitations to dates, and the presentation of pornographic material are all included in this category.
This rule requires that each complaint be answered within a certain amount of time, with the International Criminal Court (ICC) presenting its report within sixty days. In the event that the International Criminal Court (ICC) determines that the respondent is guilty, it may suggest a variety of sanctions, ranging from written warnings to termination.
In addition, protections against retaliation must be implemented by the employer, and confidentiality must be maintained throughout the whole process. When these standards are not met, recalcitrant organizations may face financial fines and even criminal prosecutions if they are not held accountable.
Introduction to the Bharatiya Nyaya Sanhita (BNS) 2023
As part of an effort to bring India’s criminal legislation into the contemporary era, the Bharatiya Nyaya Sanhita, which went into effect in July 2024, rendered numerous parts of the Indian Penal Code obsolete.
Section 75 of the BCNS clearly codifies sexual harassment as one of the offenses that are committed against women and children.
According to this clause, any male who engages in inappropriate physical contact, makes explicit sexual approaches, demands sexual favors, or uses language that is sexually charged may be subject to harsh imprisonment for up to three years, a fine, or both under the circumstances.
By doing so, the BNS transforms some situations that occur in the workplace from just being civil infractions under the POSH Act into possibly criminal offenses.
BNS Section 75 and Its Relevance
The basic actions that are against Pratik Shah are specifically addressed in Section 75 of the BNS. A wide range of behaviors, from unwanted contact to degrading statements, are included under the text of the statute.
This clause does not need evidence of physical hurt or danger; rather, it focuses on the victim’s experience of harassment. This is an important point to note. Assuming any criminal charges under Section 75 be brought forward, the burden of evidence will be elevated to the more stringent criminal level of “beyond reasonable doubt.”
As a result of the interaction between the administrative investigation that is required by the POSH Act and the criminal procedure that is governed by the BNS, the legal system and complainants are faced with a fresh dilemma.
Intersection of POSH and BNS in Workplace Cases
On the other hand, the BNS assigns criminal accountability to significant acts of harassment, while the POSH Act seeks to give prompt recourse inside workplaces. Even if the police are conducting an investigation under Section 75, an internal committee may nevertheless finish gathering facts in practice.
In order to prevent swaying the results of simultaneous investigations, organizations need to proceed prudently. When a complaint is moved to a higher level, employers are also required to assist with police authorities.
A growing number of businesses are coming to the realization that they may avoid the need for criminal prosecution by implementing effective internal procedures. However, when accusations transcend into criminal area, the two frameworks need to operate together.
Landmark Judicial Guidance on Workplace Harassment
Through the use of pivotal decisions, the courts in India have influenced the landscape of harassment in the workplace. A historic decision that ultimately resulted in the passage of the POSH Act, the Supreme Court of the United States outlined criteria for dealing with sexual harassment in the workplace, with an emphasis on natural justice and confidentially principles.
In subsequent opinions, the nature of the term “workplace,” the function of temporary relief, and the need of management to cultivate a culture of respect have all been made more clear.
Courts will now also interpret how criminal safeguards match with established administrative standards via the implementation of BNS Section 75, which may result in the refinement of procedural requirements for both types of safeguards.
Analysis of Legal Implications for Dharma Productions
Pratik Shah’s charges have put Dharma Productions in a precarious position from a legal standpoint.
The corporation may be subject to lawsuit for non-compliance with the POSH Act, which may include penalties and the mandating of the reconstruction of its complaints committee, in the event that the procedure of the ICC is found to be faulty.
At the same time, the criminal procedures under BNS Section 75 might result in formal charges being brought against Shah and perhaps other individuals who allowed or covered up misbehavior.
Because of the two processes, it is essential to conduct investigations in an open and honest manner, to maintain accurate records, and to take corrective action efficiently. They also bring to light the reputational consequences that businesses face when the cultures of their workplaces fail to combat or prevent harassment.
Impact on Industry Practices and Culture
This kind of high-profile instance often prompts reflection throughout the whole business. By revising their internal rules, strengthening their training programs, and ensuring that ICC members get independent legal and gender-sensitivity training, production companies, talent agencies, and studios may choose to guarantee that these changes are made.
Due to the potential for procedural errors, some businesses could decide to form partnerships with outside specialists right from the beginning. A rising focus is now being placed on mentorship programs, anonymous reporting channels, and conduct periodic assessments of the atmosphere in the workplace.
A potential model for continued regulation in the entertainment industry might be the verdict in the Vijaya Sharma case, which compelled monthly compliance reports to be submitted to the courts.
Conclusion
The claims that have been made against Pratik Shah at Dharma Productions are more than just a single instance of misbehavior; rather, they are an investigation into the core of India’s commitment to safe workplaces and responsible leadership responsibilities.
In order to provide a complete legal framework to handle sexual harassment, the administrative framework of the POSH Act and the criminal provisions of the Bharatiya Nyaya Sanhita, which are found in Section 75, are brought together. Corporate governance, staff morale, and public trust in the film business will all be impacted by the manner in which these processes emerge in reality.
Whether or if the change in Bollywood is substantial and long-lasting will ultimately be determined by the rigorous execution of both laws, which will be led by the wisdom of the judiciary and a culture of respect.
Author
About the Author
