POSH ACT 2013, chapter 1, section 1-3

 The Protection of Women from Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) is a crucial legislation for ensuring a safe working environment for women. Below is a detailed breakdown of Chapter 1 (Sections 1-3) along with relevant case laws.

Chapter 1: Preliminary (Sections 1-3)

Section 1: Short Title, Extent, and Commencement

- Subsection (1): The Act is called the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

- Subsection (2): It extends to the whole of India.

-Subsection (3): It came into force on 9th December 2013.

Relevant Case Law:  

Vishaka & Ors. v. State of Rajasthan (1997) 6 SCC 241  

  - Before the POSH Act, the Vishaka Guidelines laid down by the Supreme Court were the primary framework for preventing sexual harassment at workplaces.  

  - The case arose from the brutal gang rape of Bhanwari Devi, a social worker.  

  - The SC held that sexual harassment violates fundamental rights under Articles 14, 15, 19(1)(g), and 21.  

  - The POSH Act was later enacted to codify these guidelines.

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Section 2: Definitions

Key definitions under this section include:  

- Aggrieved Woman (Section 2(a)): Any woman of any age (whether employed or not) alleging sexual harassment.  

- Employee (Section 2(f)): Includes regular, temporary, ad-hoc, daily wage workers, and even volunteers.  

- Workplace (Section 2(o)): Extends beyond traditional offices to include transport provided by the employer, off-sites, and even telecommuting.  

Relevant Case Laws: 

 

1. Medha Kotwal Lele v. Union of India (2013) 1 SCC 297

 - The SC reinforced the Vishaka Guidelines and directed all states to implement them strictly.  

 - Emphasized that failure to constitute a complaints committee is a violation of fundamental rights.  

2. Aureliano Fernandes v. State of Goa (2020) 3 SCC 506

   - The SC held that even a single instance of sexual harassment is sufficient to constitute an offense.  

   - Clarified that workplace includes any place visited during employment (e.g., official trips).  

 Section 3: Prevention of Sexual Harassment

 Subsection (1): No woman shall be subjected to sexual harassment at any workplace.  

 Subsection (2): Defines sexual harassment broadly, including:  

       - Physical contact & advances  

       - Demand for sexual favors  

       - Sexually colored remarks  

       - Showing pornography  

       - Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.  

Relevant Case Laws:  

1. Apparel Export Promotion Council v. A.K. Chopra (1999) 1 SCC 759

   - The SC held that physical contact is not necessary to prove sexual harassment.  

   - Even lewd remarks or gestures can amount to harassment.  

   

2. Rupan Deol Bajaj v. K.P.S. Gill (1995) 6 SCC 194

   - A senior IPS officer slapped a woman IAS officer on her posterior in a public gathering.  

   - The SC ruled that even a single act of harassment is punishable.  

Key Takeaways for Judiciary Aspirants

1. Vishaka Guidelines were the foundation of the POSH Act.  

2. Workplace has an expansive definition (includes virtual workplaces post-COVID).  

3. Sexual harassment is not limited to physical acts—verbal/non-verbal conduct is equally punishable.  

4. Employers must constitute an Internal Complaints Committee (ICC)—non-compliance attracts penalties.  

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