SBILL CHP 20

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CS Praveen Choudhary
Prof Abhijeet C. Jaiswal
LESSON 20: Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013
Regulatory Framework:
1. Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013:
This Act is the primary legal framework for addressing sexual harassment of women at the
workplace in India. It provides for the prevention, prohibition, and redressal of complaints related
to sexual harassment.
2. Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Rules,
2013: These rules accompany the Act and provide further details and guidelines for its
implementation.
History of the Legislation:
1. Recognition of the Issue: Sexual harassment of women in the workplace is recognized as a serious
concern with psychological and health effects, including stress, depression, anxiety, shame, and
guilt.
2. Constitutional Rights: Sexual harassment is seen as a violation of fundamental rights guaranteed
to women under the Constitution of India, including the right to equality (Articles 14 and 15), the
right to life and dignity (Article 21), and the right to practice any profession or occupation in a safe
environment free from harassment.
3. Vishaka Judgment: The landmark judgment of Vishaka v. State of Rajasthan in 1997 by the
Supreme Court of India recognized workplace sexual harassment. In this case, the Supreme Court
issued guidelines and directions to the Union of India, calling for the enactment of an appropriate
law to combat workplace sexual harassment.
4. Vishaka Guidelines: In the absence of a specific law, the Vishaka Judgment mandated that every
employer establish mechanisms to address workplace sexual harassment, based on the Vishaka
Guidelines. These guidelines were followed by employers until the enactment of the Sexual
Harassment of Women at Workplace Act in 2013.
“None can destroy iron, but its rust can. Likewise, none can destroy a person, but his own mindset can.” 20.1
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The Vishaka Judgment is a significant legal milestone in India's efforts to address workplace sexual
harassment and ensure the safety and dignity of working women. Here are the key points related to the
Vishaka Judgment:
1. Background of the Case: The Vishaka Judgment is rooted in the case of Bhanwari Devi, a dalit
woman working with the rural development program of the Government of Rajasthan. She was
subjected to a brutal gang rape in 1992 due to her efforts to combat child marriage. This incident
brought to light the dangers faced by working women and the need for protective measures.
2. Public Interest Litigation: Women's rights activists and lawyers filed a public interest litigation (PIL)
in the Supreme Court of India under the banner of Vishaka. The aim was to advocate for the rights
and safety of working women in the country.
3. Recognition of Legislative Inadequacy: The Supreme Court, in the Vishaka Judgment,
acknowledged the lack of adequate legislation to address workplace sexual harassment and
recognized it as a violation of human rights.
4. International Framework: The Supreme Court based its judgment on international conventions,
particularly the Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW), which India had signed and ratified. This helped establish the need for comprehensive
measures to combat sexual harassment.
5. Vishaka Guidelines: The Vishaka Judgment led to the formulation of the Vishaka Guidelines, which
were issued under Article 32 of the Constitution. These guidelines were deemed to have the force
of law until a legislative framework on the subject was enacted.
6. Definition of Sexual Harassment: The Vishaka Judgment provided a comprehensive definition of
sexual harassment, which includes various forms of unwelcome sexually determined behavior.
This behavior can encompass physical contact, demands for sexual favors, sexually colored
remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct
of a sexual nature.
7. Mandatory Compliance: Organizations, both in the private and government sectors, were
required to mandatorily follow the Vishaka Guidelines to prevent and address sexual harassment
at the workplace
Definition of Sexual Harassment:

• Sexual harassment in the workplace includes unwelcome sexually determined behavior, which
may involve:
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a. Physical contact and advances.
b. A demand or request for sexual favors.
c. Sexually colored remarks.
d. Showing pornography.
e. Any other unwelcome physical, verbal, or nonverbal conduct of a sexual nature.
• The circumstances under which these acts are committed must create a reasonable apprehension
of humiliation or a health and safety problem in relation to the victim's employment.
2. Vishaka Judgment (1997):
• The Vishaka Judgment was a landmark decision by the Supreme Court of India in 1997.
• It recognized workplace sexual harassment as a human rights violation.
• The court issued guidelines known as the "Vishaka Guidelines" that were mandatory for employers
to follow until a legislative framework was established.
• The Vishaka Guidelines required employers to provide mechanisms for addressing workplace
sexual harassment.
3. Apparel Export Promotion Council v. A.K Chopra (1999):
• In this case, the Supreme Court reiterated the principles of the Vishaka Judgment.
• It clarified that physical contact was not necessary for an act to be considered sexual harassment.
• Sexual harassment could include unwelcome advances, requests for sexual favors, or any conduct
with sexual overtones that interferes unreasonably with the victim's work.
4. Legislative Efforts:
• Several bills related to preventing sexual harassment were introduced in Parliament over the
years.
• The Protection of Women against Sexual Harassment at Workplace Bill, 2007, was introduced but
not enacted.
• The Protection of Women against Sexual Harassment at Workplace Bill, 2010, later became the
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill, 2013.
5. Medha Kotwal Lele Case:
• In Medha Kotwal Lele vs. Union of India (2013), the Supreme Court emphasized the need for the
effective implementation of the Vishaka Guidelines.
• It required state governments to make necessary amendments to rules and regulations within two
months.
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• Various professional bodies and institutions were directed to ensure compliance with the Vishaka
Guidelines.
6. Enactment of POSH Act (2013):

• The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
(POSH Act), was enacted in 2013.
• It comprehensively addressed workplace sexual harassment.
• The POSH Act came into force on December 9, 2013, with the government also notifying the
accompanying Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Rules, 2013.
7. Criminal Law Amendment Act (2013):
• In 2013, the Criminal Law (Amendment) Act was enacted, criminalizing various offenses, including
sexual harassment, stalking, and voyeurism.
OBJECTIVE OF THE ACT:

• The primary objective of the Act is to prevent and protect women against workplace sexual
harassment.
• It aims to provide mechanisms for the effective redressal of complaints of sexual harassment in
the workplace.
2. Preamble of the Act:
• The Preamble of the Act states its purpose and the recognition of fundamental rights of women:
• It acknowledges that sexual harassment violates the fundamental rights of women,
including the right to equality under Articles 14 and 15 of the Indian Constitution, the right
to life and to live with dignity under Article 21, and the right to practice any profession,
occupation, trade, or business in a safe environment free from sexual harassment.
• It recognizes that protection against sexual harassment and the right to work with dignity
are universally recognized human rights, as enshrined in international conventions such
as the Convention on the Elimination of all Forms of Discrimination against Women
(CEDAW), which India ratified on June 25, 1993.
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• It states that the Act aims to give effect to the CEDAW and protect women against sexual
harassment at the workplace.

3. Definition of Workplace Sexual Harassment:
• Workplace sexual harassment is described as:
• Sexual: Involving sexual advances, requests for sexual favors, or conduct with sexual
overtones.
• Unwelcome: Actions that are not consensual or are not desired by the recipient.
• Subjective: The experience of harassment is based on the perception and feelings of the
person experiencing it, regardless of the harasser's intent.
• Impact Matters: What matters is the impact on the victim, not the intent of the harasser.
• Power Dynamics: Sexual harassment often occurs within a power dynamic, where one
party holds power over the other.
• The Act recognizes that workplace sexual harassment creates an insecure and hostile environment
for women. It not only affects their performance at work but also hinders their social and
economic growth, causing physical and emotional suffering.
Forms of Workplace Sexual Harassment:

1. Quid Pro Quo: This form of sexual harassment involves the implied or explicit promise of
preferential or detrimental treatment in employment. It can include offers of benefits or threats
related to a person's present or future employment status. For example, a supervisor may suggest
that a promotion or job security is contingent on the victim's compliance with sexual advances.
2. Hostile Work Environment: Creating a hostile work environment is another form of workplace
sexual harassment. It entails behaviors or actions that make the work environment intimidating,
offensive, or hostile. Such behavior can include humiliating treatment that affects the victim's
physical or mental health or safety. It creates an atmosphere where the victim feels
uncomfortable, unsafe, or degraded.
Applicability of the Act:
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 applies
broadly across various sectors and settings in India:
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• Organized and Unorganized Sectors: The Act covers both the organized and unorganized sectors.
It extends to self-employed individuals or workplaces with fewer than 10 workers, ensuring a wide
range of workplaces are included.
• Government and Private Sectors: The Act applies to government bodies as well as private and
public sector organizations, ensuring that both government and corporate workplaces are
covered.
• Non-Governmental Organizations (NGOs): NGOs are also subject to the Act's provisions,
highlighting the importance of addressing sexual harassment in the non-profit sector.
• Various Types of Organizations: The Act applies to organizations involved in commercial,
vocational, educational, entertainment, industrial, financial, healthcare, and other activities. It
covers a diverse range of workplaces, from factories and offices to hospitals, educational
institutions, sports facilities, and entertainment venues.
• Dwelling Places: The Act also extends its protection to dwelling places or houses, recognizing that
harassment can occur in residential settings as well.
DEFINITIONS (SECTION 2)
“Aggrieved woman” [Section 2(a)]
means—
i. in relation to a workplace, a woman, of any age whether employed or not, who alleges to have been
subjected to any act of sexual harassment by the respondent;
ii. in relation to a dwelling place or house, a woman of any age who is employed in such a dwelling place
or house.
The Act recognizes that all women, regardless of their age, employment status, or the type of workplace
they are associated with, have the right to a safe and harassment-free environment. This includes women
working on various employment terms, such as regular employees, temporary workers, ad-hoc staff, or
those working on a daily wages basis. The Act also covers women working directly or through
intermediaries, including contractors, with or without the knowledge of the principal employer. It
encompasses women working for remuneration, on a voluntary basis, or in any other capacity. The Act's
protection extends to various work-related categories, including co-workers, contract workers,
probationers, trainees, apprentices, or individuals referred to by different names.
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Appropriate Government” [Section 2(b)]
means —
i. in relation to a workplace which is established, owned, controlled or wholly or substantially financed by
funds provided directly or indirectly —
a. by the Central Government or the Union territory administration, the Central Government;
b. by the State Government, the State Government
ii. in relation to any workplace not covered under sub-clause (i) and falling within its territory, the State
Government; i.e. for the private sector, appropriate Government is the concerned State Government.
“Domestic worker” [Section 2(e)]

means l a woman who is employed to do the household work in any household for remuneration whether
in cash or kind, either directly or through any agency on a temporary, permanent, part time or fuIl time
basis; l but does not include any member of the family of the employer.
“Employee” [Section 2(f)]

means
• a person employed at a workplace for any work on regular, temporary, ad hoc or daily wage basis,
either directly or through an agent, including a contractor, with or, without the knowledge of the
principal employer, whether for remuneration or not, or working on a voluntary basis or
otherwise, whether the terms of employment are express or implied and
• includes a co-worker, a contract worker, probationer, trainee, apprentice or called by any other
such name.
Employer
1. Government and Local Authorities: In the context of any department, organization, undertaking,
establishment, enterprise, institution, office, branch, or unit of the appropriate Government or a
local authority, the "employer" refers to the head of that entity or any other officer designated by
the appropriate Government or local authority through an official order. This includes government
departments and organizations.
2. Non-Governmental Workplaces: For workplaces that are not covered by the government or local
authorities, the "employer" is any person who holds responsibility for the management,
supervision, and control of the workplace. The term "management" also includes individuals or
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boards or committees responsible for formulating and administering policies within the
organization.
3. Contractual Obligations: In workplaces covered under both government/local authorities and
non-government entities, the "employer" is the person who is fulfilling contractual obligations
concerning their employees. This includes individuals or entities responsible for employment
contracts and relations.
4. Domestic Workers: In the context of a dwelling place or house, where domestic workers are
employed, the "employer" refers to the person or household that employs or benefits from the
employment of domestic workers. This definition applies regardless of the number of domestic
workers employed, the duration of their employment, the type of work they perform, or the
specific nature of their tasks.
“Respondent” Section 2(m)

means a person against whom the aggrieved woman has made a complaint under section 9.
“Sexual harassment” [Section 2(n)]

includes any one or more of the following unwelcome acts or behaviour (whether directly or by
implication) namely: –
i. physical contact and advances; or
ii. a demand or request for sexual favours; or
iii. making sexually coloured remarks; or
iv. showing pornography; or
v. any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
This definition encompasses various forms of sexual conduct, whether direct or implied, involving physical,
verbal, or written actions. The defining characteristic is that such conduct is unwanted and unwelcome by
the recipient. Additionally, the definition includes the creation of an intimidating, offensive, or hostile
working environment as a form of sexual harassment. Here's a breakdown of the key elements of the
definition:
1. Unwanted and Unwelcome Conduct: Sexual harassment, as per the Act, refers to any conduct of
a sexual nature that is not desired or welcomed by the person subjected to it. This ensures that
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the focus is on the recipient's perspective, and any conduct that makes an individual
uncomfortable can be considered harassment.
2. Implied or Explicit Promises or Threats: The Act goes further to specify that sexual harassment
may involve implied or explicit promises of preferential treatment in the victim's employment or
threats of detrimental treatment in their employment. These promises or threats can pertain to
both present and future employment status.
3. Interference with Work: Any conduct that interferes with the victim's ability to perform their work
or creates an intimidating, offensive, or hostile work environment is considered sexual
harassment. This aspect emphasizes the impact of such conduct on the victim's professional life.
4. Humiliating Treatment: The Act recognizes that humiliating treatment, which may affect the
victim's health or safety, can also constitute sexual harassment. This provision highlights that
sexual harassment extends beyond mere verbal or physical advances and includes any behavior
that results in humiliation.
1. Government or Local Authority Establishments: This category covers any department,

organization, undertaking, establishment, enterprise, institution, office, branch, or unit that is
established, owned, controlled, or financed, either directly or indirectly, by funds provided by the
appropriate Government or local authority. It also extends to those funded by Government
companies, corporations, or cooperative societies. In essence, it includes government-owned or
funded entities.
2. Private Sector Organizations: The Act does not limit its scope to government entities alone. It also
encompasses private sector organizations, private ventures, undertakings, enterprises,
institutions, establishments, societies, trusts, non-governmental organizations, units, or service
providers. These entities can be involved in various activities, such as commercial, professional,
vocational, educational, entertainment, industrial, health services, or financial activities, including
production, supply, sale, distribution, or services.
3. Healthcare Facilities: Hospitals and nursing homes are explicitly included within the definition of
a workplace. This recognizes that healthcare settings can also be venues where instances of sexual
harassment may occur.
4. Sports Institutions and Venues: The Act extends its coverage to sports institutes, stadiums, sports
complexes, competition or games venues, whether residential or not. This includes places used
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for training, sports, or other activities related to sports. The aim is to ensure the safety and
protection of individuals engaged in sports-related activities.
5. Journeys Arising Out of Employment: Any place visited by an employee during the course of
employment, including transportation provided by the employer for such journeys, is considered
part of the workplace. This provision takes into account situations where employees may be
required to travel for work-related purposes.
6. Dwelling Places or Houses: Even dwelling places or houses are covered under the definition of a
workplace. This inclusion recognizes that domestic workers may also be vulnerable to sexual
harassment in private residences
Interpretation of "Workplace" under the POSH Act:

Case Study: Saurabh Kumar Mallick v. Comptroller & Auditor General of India (WP(C) No. 8649/2007):
Facts: In this case, Mr. Saurabh Kumar Mallick, a government official, faced allegations of sexually harassing
a senior woman officer. The alleged misconduct did not occur within the office premises but took place at
an official mess where the woman officer was residing.
Legal Interpretation: The key issue in this case was the interpretation of the term "workplace" as defined
under the POSH Act. The Act provides an inclusive definition of "workplace," covering a wide range of
settings where employment-related activities occur. However, the question was whether a residential
facility like an official mess could be considered part of the workplace.
Court's Decision: The Delhi High Court emphasized the need for a logical and comprehensive
interpretation of the term "workplace." It rejected the narrow argument that "workplace" should be
limited to the physical office premises. Instead, the court considered several factors in determining
whether an act could be categorized as occurring in the workplace:
1. Proximity: The court considered the proximity of the location to the primary office or workplace.
In this case, the official mess was in close proximity to the workplace.
2. Management Control: It examined whether the management had control over the location where
the alleged harassment occurred. If the management had authority over the place, it could be
deemed an extension of the workplace.
3. Extension of the Workplace: The court determined whether the residential facility, in this case,
the official mess, could be considered an extension or contiguous part of the working place.
Conclusion: The Delhi High Court held that the official mess where the employee was alleged to have been
sexually harassed fell within the definition of "workplace." The court emphasized that the objective of the
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POSH Act and the Vishaka Guidelines was to prevent sexual harassment of working women
comprehensively. It acknowledged the impact of modern work trends, such as remote work and virtual
interactions, and affirmed that acts of sexual harassment should not go unpunished merely because they
occurred outside the physical office premises.
“Unorganised sector” in relation to a workplace means an enterprise owned by individuals or self-

employed workers and engaged in the production or sale of goods or providing service of any kind
whatsoever, and where the enterprise employs workers, the number of such workers is less than ten.
COMPLAINTS COMMITTEE
The Act provides for two kinds of complaints mechanisms:
(i) Internal Complaints Committee (ICC); and
(ii) Local Complaints Committee (LCC).
Mandatory Constitution of Internal Complaints Committee (ICC):

• Every employer at a workplace must, through a written order, establish an ICC known as the
"Internal Complaints Committee."
• If the workplace has offices or administrative units located at different places or at divisional or
sub-divisional levels, an ICC must be constituted at all such administrative units or offices.
2. Composition of the ICC: The Internal Complaints Committee shall consist of the following members
nominated by the employer:
a. Presiding Officer: The ICC must have a Presiding Officer who is a woman employed at a senior level
within the workplace. However, if a senior-level woman employee is not available, the Presiding Officer
may be nominated from other offices or administrative units of the workplace.
b. Members: There should be not less than two Members from among the employees. Preferably, these
members should be individuals committed to the cause of women or those with experience in social work
or legal knowledge.
c. External Member: The ICC should include one external member who can be from non-governmental
organizations or associations dedicated to women's issues, or a person well-versed in matters related to
sexual harassment.
• It is important to note that at least one-half of the total members nominated for the ICC must be
women, emphasizing gender diversity within the committee.
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3. Tenure of Office:
• The Presiding Officer and every Member of the ICC shall serve for a period not exceeding three
years from the date of their nomination, as specified by the employer.
4. Fees of External Members:
• The Member appointed from non-governmental organizations or associations shall be entitled to
receive fees or allowances for their participation in the proceedings of the Internal Committee.
The specific fees and allowances will be determined and prescribed by the employer.
5. Casual Vacancy in the Office of Presiding Officer or Any Member of the ICC:
• In case of a casual vacancy occurring in the office of the Presiding Officer or any Member of the
ICC due to specific circumstances, such as contravention of the Act, conviction for an offense,
pending inquiry or disciplinary proceedings, or abuse of their position prejudicial to public interest,
the concerned Presiding Officer or Member shall be removed from the Committee.
• Any vacancy, whether casual or otherwise, shall be filled through a fresh nomination process in
accordance with the provisions outlined in this section.
In a case (Vidya Akhave v. Union of India and Ors, Writ Petition 796 of 2015) heard by the Bombay High
Court, the Court ruled that it would refrain from interfering with an order of punishment issued by the
Internal Complaints Committee in relation to a sexual harassment complaint unless the order is found to
be shockingly disproportionate. This underscores the importance of the ICC's role in addressing complaints
and ensuring that the outcomes are just and fair.
Constitution of Local Complaints Committee (LCC)

• LCC is established at the district level.
• LCC deals with complaints of sexual harassment in the unorganized sector and cases where the
ICC hasn't been formed (usually due to fewer than 10 employees) or if the complaint is against the
employer.
• LCC is crucial for addressing issues like domestic worker harassment or complaints against
employers.
• Governed by Sections 5 and 6 of the Act.
• Appropriate Government designates a District Officer (e.g., District Magistrate, Collector, Deputy
Collector) to oversee LCC's functions.
Composition and Jurisdiction of LCC
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• District Officer forms the "Local Committee" in the respective district.
• Nodal officers are designated in rural, tribal areas, wards, or municipalities to receive complaints
and forward them to the Local Committee within seven days.
• LCC's jurisdiction covers areas within the district where it operates.
Section 5 - Notification of District Officer
• The Appropriate Government appoints District Officers to execute functions under the Act.
Section 6 - Constitution and Jurisdiction of Local Committee
• District Officers establish Local Committees in their districts.
• Nodal officers are designated in different areas to receive and forward complaints to the Local
Committee.
Composition (Section 7(1)):
• The Local Committee is formed by the District Officer and consists of the following members:
a. Chairperson: An eminent woman dedicated to social work and women's causes.
b. One Member from women working in the local area.
c. Two Members, with at least one woman, from non-governmental organizations or individuals
knowledgeable about sexual harassment issues, with a preference for those with legal
backgrounds.
d. Ex officio Member: The officer responsible for social welfare or women and child development
in the district.
Tenure and Removal (Section 7(2)):
• Chairperson and Members serve for a specified period, not exceeding three years, as determined
by the District Officer.
• Removal from the Committee occurs if a member:
a. Contravenes Section 16.
b. Is convicted of an offense or faces pending inquiries under any law.
c. Is found guilty in disciplinary proceedings or has pending disciplinary actions.
d. Abuses their position in a manner detrimental to public interest.
Fees and Allowances (Section 7(3)):
• Chairperson and Members (except those nominated under clauses b and d of subsection 1) are
entitled to prescribed fees or allowances for their service on the Local Committee.
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Grants and Audit (Section 8):
• The Central Government can allocate funds to the State Government for the purpose of paying
fees and allowances to the members of the Local Committee (as per Section 7).
• The State Government has the authority to establish an agency to manage and disburse the grants
received from the Central Government.
• This agency is responsible for transferring the necessary funds to the District Officer to cover the
expenses related to the Local Committee.
• The accounts of this agency must be maintained and audited in a manner determined through
consultation with the Accountant General of the State.
• The person responsible for the agency's accounts must submit the audited accounts, along with
the auditor's report, to the State Government by a prescribed deadline.
Filing a Complaint of Sexual Harassment (Section 9):

1. Complaint Deadline: An aggrieved woman can file a written complaint of sexual harassment at
the workplace to the Internal Committee (if constituted) or the Local Committee (if not
constituted) within three months from the date of the incident. If there is a series of incidents, the
complaint should be filed within three months from the date of the last incident. If the woman is
unable to file a written complaint, the committee members must assist her in doing so. The
Internal Committee or the Local Committee can extend this time limit for up to three months if
there are valid reasons preventing the woman from filing the complaint within the specified
period.
2. Complaint by Legal Heir: If the aggrieved woman is unable to file a complaint due to physical or
mental incapacity, death, or other reasons, her legal heir or a prescribed representative can file a
complaint on her behalf.
3. Prompt Reporting: Swift reporting of sexual harassment incidents is crucial, and prompt
complaints are considered more authentic.
4. Anonymous Complaints: The Act does not typically accept anonymous complaints. Complaints
should be made with the identity of the complainant disclosed.
5. Content of Complaint: The written complaint should include a detailed description of each
incident, including dates, times, locations, the names of the respondents, and the working
relationship between the parties. If the complainant requests assistance in writing the complaint,
a designated person in the workplace must provide the necessary help.
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6. Importance of Swift Action: Timely reporting and action are essential for addressing workplace
sexual harassment effectively.
CONCILIATION (SECTION 10):

1. Conciliation Process: The Internal Committee or the Local Committee, upon the request of the
aggrieved woman, can attempt to settle the matter between her and the respondent through
conciliation. However, it's important to note that no monetary settlement can be the basis of
conciliation.
2. Recording of Settlement: If a settlement is reached through conciliation, the Internal Committee
or the Local Committee will record the details of the settlement and forward it to the employer or
the District Officer. The settlement is then acted upon as per the specified recommendation.
Copies of the recorded settlement are provided to both the aggrieved woman and the respondent.
3. No Further Inquiry: If a settlement is successfully reached through conciliation, no further inquiry
is conducted by the Internal Committee or the Local Committee.
Inquiry into Complaint (Section 11):
1. Inquiry Procedure: The Internal Committee or the Local Committee (in the case of a domestic
worker) proceeds to conduct an inquiry into the complaint in accordance with the service rules
applicable to the respondent if the respondent is an employee. If no such rules exist, the inquiry
is conducted as prescribed or in a manner specified. For domestic workers, if a prima facie case
exists, the complaint is forwarded to the police for registering a case under Section 509 of the
Indian Penal Code and other relevant provisions where applicable.
2. Non-Compliance with Settlement: If the aggrieved woman informs the Internal Committee or the
Local Committee that the respondent has not complied with any term or condition of the
settlement reached through conciliation (as per Section 10(2)), the committee proceeds to make
an inquiry into the complaint or forwards it to the police, depending on the situation.
3. Opportunity to Be Heard: In cases where both parties involved are employees, they are given an
opportunity to be heard during the inquiry process. A copy of the findings is made available to
both parties, allowing them to make representations against the findings before the Committee.
This ensures a fair and transparent inquiry process.
4. Court Order for Payment: In cases where the respondent is convicted of the offense under Section
509 of the Indian Penal Code, the court has the authority to order the payment of an appropriate
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sum by the respondent to the aggrieved woman. This order takes into consideration the provisions
of Section 15 of the Act.
5. Powers of ICC and LCC: The POSH Act grants the Internal Complaints Committee (ICC) and the
Local Complaints Committee (LCC) specific powers when conducting an inquiry into a complaint
of workplace sexual harassment. These powers are akin to those vested in a civil court under the
Code of Civil Procedure, 1908, when dealing with a lawsuit. The powers include:
• Summoning and enforcing the attendance of any person and examining them under oath.
• Requiring the discovery and production of documents.
• Dealing with any other matters that may be prescribed.
6. Timeframe for Inquiry: The Act stipulates that such an inquiry must be completed within a period
of ninety days. This time constraint ensures that investigations are conducted promptly and
efficiently.
Action during Pendency of Inquiry (Section 12):

1. Relief for the Aggrieved Woman: Section 12 of the Act outlines the relief that can be provided to
the aggrieved woman during the pendency of an inquiry into a sexual harassment complaint. Upon
a written request from the aggrieved woman, the Internal Committee or the Local Committee, as
applicable, may recommend to the employer to take one or more of the following actions:
• Transfer the aggrieved woman or the respondent to a different workplace.
• Grant leave to the aggrieved woman for a period of up to three months.
• Provide any other relief to the aggrieved woman as prescribed under the Act.
2. Additional Leave: Importantly, any leave granted to the aggrieved woman under this section is in
addition to any leave she would be otherwise entitled to.
3. Implementation of Recommendations: Once the Internal Committee or the Local Committee
makes such recommendations, the employer is obligated to implement them. Subsequently, the
employer must report the implementation of these recommendations to the Internal Committee
or the Local Committee, as appropriate. This ensures that the relief measures are effectively
carried out.
These provisions are designed to protect the aggrieved woman during the course of the inquiry and
provide her with necessary support and remedies.
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Inquiry Report (Section 13):
1. Submission of Findings: Section 13 of the Act outlines the procedure for submitting an inquiry
report after an investigation has been conducted by the Internal Committee or the Local
Committee. Upon completing the inquiry, the committee is required to provide a report of its
findings.
2. Timely Reporting: This report must be submitted within ten days from the date of completing the
inquiry. It emphasizes the importance of timely reporting.
3. No Finding of Harassment: If the Internal Committee or the Local Committee concludes that the
allegation against the respondent has not been proven, they are to recommend to the employer
and the District Officer that no further action is necessary.
4. Finding of Harassment: However, if the committee finds that the allegation has been proven, it
must recommend appropriate actions, which include:
• Treating sexual harassment as a misconduct in accordance with the applicable service
rules or, in the absence of such rules, as prescribed under the Act.
• Deducting an appropriate sum from the salary or wages of the respondent for payment
to the aggrieved woman or her legal heirs, as determined by the committee. This
deduction may be made even if it is not provided for in the respondent's service rules.
• If the respondent is absent from duty or no longer employed, the committee may direct
the respondent to make the payment directly to the aggrieved woman.
• If the respondent fails to make the payment, the Internal Committee or the Local
Committee can forward an order for the recovery of the sum as arrears of land revenue
to the concerned District Officer.
5. Timely Action: The employer or the District Officer is obligated to act upon these
recommendations within sixty days of receiving the report. This ensures that appropriate actions
are taken promptly in cases of proven sexual harassment.
Punishment for False or Malicious Complaint and False Evidence (Section 14):
1. False or Malicious Complaint: Section 14 of the Act establishes strict provisions to address false
or malicious complaints. If the Internal Committee or the Local Committee concludes that the
complaint against the respondent is malicious or that the aggrieved woman or anyone making the
complaint knowingly filed a false complaint, it may recommend action against the person who
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made the false complaint. This action is to be taken by the employer or the District Officer, as
applicable, following the service rules or prescribed procedures.
2. Proof Required: It is important to note that merely being unable to substantiate a complaint or
provide sufficient proof will not be grounds for taking action against the complainant. To establish
malicious intent on the part of the complainant, an inquiry following prescribed procedures is
necessary before any action can be recommended.
3. False Evidence: In cases where during the inquiry, a witness provides false evidence or produces
forged or misleading documents, the Internal Committee or the Local Committee may recommend
action against the witness. This action is to be taken by the employer of the witness or the District
Officer, following the service rules or prescribed procedures.
Determining Compensation (Section 15):
1. Factors Considered: Section 15 outlines the factors that should be considered when determining
the compensation to be paid to the aggrieved woman. These factors include:
• The mental trauma, pain, suffering, and emotional distress experienced by the aggrieved
woman.
• Loss of career opportunities resulting from the incident of sexual harassment.
• Medical expenses incurred by the victim for physical or psychiatric treatment.
• The income and financial status of the respondent (the accused).
• Feasibility of making the payment in a lump sum or in installments.
This provision ensures that compensation takes into account the various aspects of harm and loss
experienced by the aggrieved woman, as well as the financial capacity of the respondent.
Prohibition of Publication or Making Known Contents of Complaint and Inquiry Proceedings (Section
16):
1. Content Confidentiality: Section 16 emphasizes the confidentiality of the complaint, inquiry
proceedings, and related information. This provision restricts the publication, communication, or
disclosure of the following:
• The contents of the complaint filed under section 9.
• The identity and addresses of the aggrieved woman, respondent, and witnesses.
• Information related to conciliation and inquiry proceedings.
• Recommendations made by the Internal Committee or the Local Committee.
• Actions taken by the employer or the District Officer under the Act.
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2. Exceptions: However, it allows for information to be disseminated regarding the justice achieved
for a victim of sexual harassment under the Act, without disclosing any details that could lead to
the identification of the aggrieved woman and witnesses.
Penalty for Publication or Making Known Contents of Complaint and Inquiry Proceedings (Section 17):
1. Penalty for Contravention: Section 17 specifies that if any person who is entrusted with handling
or dealing with complaints, inquiries, recommendations, or actions under the Act violates the
provisions of section 16 by publishing or making known the confidential information, they shall be
liable for a penalty.
2. Penalty Determination: The penalty imposed will be in accordance with the service rules
applicable to the person in question. In cases where no such service rules exist, the manner of
determining the penalty will be prescribed by relevant authorities.
Appeal (Section 18):
1. Right to Appeal: Section 18 grants the right to appeal to any person who is aggrieved by the
recommendations made under various sections of the Act, including section 13(2), section 13(1)(i)
or (ii), section 14(1) or (2), section 17, or non-implementation of such recommendations.
2. Appeal Process: The aggrieved person can prefer an appeal to the court or tribunal in accordance
with the service rules applicable to them. In cases where there are no service rules, the Act
provides for an alternative appeal process, ensuring individuals have a means of redress.
3. Time Limit for Appeal: The appeal should be filed within a period of ninety days from the date of
the recommendations that the aggrieved person wishes to challenge.
Duties of Employer (Section 19):

1. Safe Working Environment: Employers are required to provide a safe working environment at the
workplace, ensuring the safety of employees from any person they come into contact with at work.
2. Displaying Information: Employers must display information related to the penal consequences
of sexual harassment at a conspicuous place in the workplace. They should also display
information about the Internal Committee established under section 4.
3. Workshops and Awareness Programs: Employers are responsible for organizing workshops and
awareness programs at regular intervals. These programs are aimed at sensitizing employees to
the provisions of the Act. Additionally, orientation programs for the members of the Internal
Committee should be conducted as prescribed.
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4. Providing Facilities: Necessary facilities must be provided to the Internal Committee or the Local
Committee, as required, to effectively deal with complaints and conduct inquiries.
5. Assistance with Attendance: Employers should assist in ensuring the attendance of both
respondents and witnesses before the Internal Committee or the Local Committee, as applicable.
6. Information Sharing: Employers are required to provide the Internal Committee or the Local
Committee with the information they need, taking into account the complaint made under section
9(1).
7. Assistance for Legal Action: If a woman chooses to file a complaint related to an offense under
the Indian Penal Code or any other applicable law, the employer must provide assistance.
8. Initiating Action: Employers must initiate action under the Indian Penal Code or other relevant
laws against the perpetrator if the aggrieved woman desires it, especially when the perpetrator is
not an employee at the workplace where the incident occurred.
9. Treating Sexual Harassment as Misconduct: Sexual harassment should be treated as misconduct
under the service rules, and appropriate actions should be initiated accordingly.
10. Monitoring Reports: Employers are responsible for monitoring the timely submission of reports
by the Internal Committee.
Duties and Powers of District Officer (Section 20):
1. Monitoring Reports: District Officers have the duty to monitor the timely submission of reports
submitted by the Local Committee.
2. Engaging NGOs: District Officers are empowered to take necessary measures for engaging non-
governmental organizations (NGOs) to create awareness about sexual harassment and women's
rights.
Annual Report (Section 21):

1. Preparation and Submission: The Internal Committee or the Local Committee must prepare an
annual report each calendar year. This report should be in the prescribed form and submitted to
both the employer and the District Officer.
2. Report to State Government: The District Officer, in turn, is required to forward a brief report on
the annual reports received to the State Government.
Employer's Inclusion in Annual Report (Section 22):
1. Reporting Cases: Employers must include information regarding the number of cases filed and
their disposition under the Act in their organization's annual report. In cases where no annual
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report is necessary, the employer must still inform the District Officer about the number of cases,
if any.
Monitoring and Data Collection (Section 23):
1. Government Responsibility: The appropriate Government is tasked with monitoring the
implementation of the Act. This includes maintaining data on the number of cases filed and
disposed of concerning sexual harassment in the workplace.
Public Awareness (Section 24):
1. Development of Materials: The appropriate Government, subject to resource availability, can
develop information, education, communication, and training materials to enhance public
understanding of the Act's provisions for protecting women against workplace sexual harassment.
2. Orientation and Training: Additionally, the Government may formulate orientation and training
programs for the members of the Local Committee.
Power of the Appropriate Government (Section 25):
1. Information and Inspection: The appropriate Government has the authority, when it deems
necessary for public interest or women employees' well-being at a workplace, to:
• Require employers or District Officers to provide written information regarding sexual
harassment.
• Authorize officers to inspect records and workplaces related to sexual harassment. The
inspecting officer must submit a report of the inspection within a specified period.
2. Compliance: Employers and District Officers must cooperate with and provide access to all
relevant information, records, and documents upon demand by the inspecting officer during an
inspection related to sexual harassment.
Penalties for Non-Compliance (Section 26):

1. Failure to Comply: Section 26 outlines penalties for employers who fail to comply with certain
provisions of the Act, including:
• Not constituting an Internal Committee (as per Section 4(1)).
• Failing to take action as required by Sections 13, 14, and 22.
• Contravening or attempting to contravene, or aiding and abetting contravention of other
provisions of the Act or its rules.
2. Penalty Amount: The penalty for such non-compliance may include a fine of up to Rs. 50,000.
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3. Repeat Offense: If an employer, previously convicted of an offense under this Act, commits the
same offense again, they may be liable for a penalty twice the amount that could have been
imposed on a first conviction. This is subject to the maximum penalty prescribed for the same
offense.
4. Higher Punishment: If any other law in force prescribes a higher punishment for the same offense,
the court should consider that higher punishment while awarding the penalty.
5. Additional Consequences: In addition to the penalties, the employer may face other
consequences, such as the cancellation of licenses, withdrawal, non-renewal, or approval for
carrying on their business or activity. These actions can be taken by the Government or local
authority.
Cognizance of Offenses (Section 27):
1. Non-Cognizable Offenses: Offenses under this Act are considered non-cognizable, meaning a
person cannot be arrested without a warrant.
2. Complaint Requirement: No court can take cognizance of any offense under this Act or its rules
unless a complaint is made by:
• The aggrieved woman.
• A person authorized by the Internal Committee or Local Committee for this purpose.
3. Jurisdiction: Offenses under this Act should be tried by courts no lower in authority than a
Metropolitan Magistrate or a Judicial Magistrate of the first class.
Act not in derogation of any other law (Section 28):
Section 28 emphasizes that the Act provides an additional safeguard for women in the workplace. It
clarifies that the Act's provisions are meant to complement and not override any other existing laws in
force. This ensures that women's rights and protection are upheld in the workplace while respecting the
legal framework as a whole.
Power of the Central Government to Make Rules (Section 29):

Section 29 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013 empowers the Central Government to create rules through an official notification in the Official
Gazette. These rules are designed to provide detailed guidance and procedures for implementing the
provisions of the Act. The rules cover a wide range of matters, and some of the key areas they may address
include:
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a. Fees and Allowances: Determining the fees or allowances to be paid to Members as mentioned in
Section 4(4).
b. Nomination of Members: Providing guidelines for the nomination of members under Section 7(c).
c. Compensation: Specifying the fees or allowances to be paid to the Chairperson and Members under
Section 7(4).
d. Complaint Procedure: Defining who is eligible to make a complaint under Section 9(2).
e. Inquiry Process: Prescribing the manner in which inquiries should be conducted under Section 11(1).
f. Powers of Inquiry: Specifying the powers necessary for conducting inquiries as outlined in Section
11(2)(c).
g. Relief Recommendations: Outlining the relief options to be recommended under Section 12(c).
h. Action on Findings: Providing procedures for taking action under Sections 13(3)(i) and 14.
i. Penalties: Detailing the processes for handling cases under Section 17.
j. Appeals: Defining the procedures for filing appeals as per Section 18(1).
k. Awareness Programs: Describing the manner in which workshops, awareness programs, and orientation
programs for sensitizing employees and Internal Committee members should be organized under Section
19(c).
l. Annual Report: Prescribing the format and timing for the preparation of annual reports by Internal
Committees and Local Committees under Section 21(1).
Amendments and Notifications:

In 2019, the Act underwent an amendment, and certain state governments took additional measures to
ensure compliance:
• Telangana Registration Requirement: The Women Development and Child Welfare Department
of Telangana issued a notification stating that businesses in the state with ten or more employees
were required to register their Internal Committees (IC) with the State Shebox portal by July 15,
2019. This measure aimed to enhance the monitoring of local companies' compliance with the
Act.
• Maharashtra Compliance Status Requirement: In Maharashtra, the government mandated that
all companies must complete and submit a form explaining their compliance status and providing
details of their internal committee to the Sub-Divisional Magistrate by July 20, 2019. This step was
taken to ensure compliance with the Act.
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Central Government Rules (Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Rules, 2013):
In accordance with the powers conferred by Section 29 of the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013, the Central Government established the "Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013." These rules
provide comprehensive guidance on various aspects of implementing the Act, offering a framework for its
effective enforcement and redressal of workplace sexual harassment.

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Definition of Sexual Harassment:

6. Enactment of POSH Act (2013):

OBJECTIVE OF THE ACT:

harassment at the workplace.

Forms of Workplace Sexual Harassment:

“Domestic worker” [Section 2(e)]

“Employee” [Section 2(f)]

“Respondent” Section 2(m)

“Sexual harassment” [Section 2(n)]

1. Government or Local Authority Establishments: This category covers any department,

Interpretation of "Workplace" under the POSH Act:

“Unorganised sector” in relation to a workplace means an enterprise owned by individuals or self-

Mandatory Constitution of Internal Complaints Committee (ICC):

Constitution of Local Complaints Committee (LCC)

Filing a Complaint of Sexual Harassment (Section 9):

CONCILIATION (SECTION 10):

Action during Pendency of Inquiry (Section 12):

Duties of Employer (Section 19):

Annual Report (Section 21):

Penalties for Non-Compliance (Section 26):

Power of the Central Government to Make Rules (Section 29):

Amendments and Notifications:

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