Chapter-2, Section -4, POSH ACT

 Section 4 of the POSH Act, 2013(The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013) deals with the Constitution of the Internal Committee (IC) in a workplace.

Let’s dive into Section 4 of the Posh Act, which is all about preventing sexual harassment at the workplace. This section emphasizes the employer's duty to provide a safe environment. It’s not just about having a policy; it’s about actively ensuring that employees feel secure and respected. 

Take the landmark case of Vishaka vs. State of Rajasthan. Here, the Supreme Court laid down guidelines that became the foundation for the Posh Act. The court highlighted that sexual harassment is a violation of fundamental rights, and employers must take proactive steps to address it. 

---CHAPTER II

CONSTITUTION h INTERNAL COMPLAINTS COMMITTEE

Sec. -4: Constitution of Internal Complaints Committee.

 📘 **POSH Act - Section 4: Constitution of Internal complaints Committee

**Key Provisions:**

1. Applicability: Every employer of a workplace with 10 or more employees must constitute an Internal Committee.

2. Composition of the ICC:

🔹Presiding Officer: A senior-level woman employee shall be the Presiding Officer.

🔹Two or more members: From among the employees, preferably committed to the cause of women or who have experience in social work or legal knowledge.

🔹External Member: One member from an NGO or association committed to the cause of women or familiar with issues relating to sexual harassment.

3. Gender Representation: At least one-half of the total members of the IC should be women.

4. Tenure: Members shall hold office for a period not exceeding three years, from the date of their nomination.

Purpose of Section 4

➡️ Ensures that there's a mechanism within the organization for dealing with complaints of sexual harassment.

➡️ Brings neutrality by including an external member.

➡️ Encourages women participation and leadership by mandating a woman as the Presiding Officer.

Importance of Section 4:

➡️ Legitimizes the IC to conduct inquiries.

➡️ Ensures representation and independence.

➡️ Prevents misuse by including an external, neutral party.

➡️ Failure to constitute a valid IC can lead to:

🔹 Inquiry being declared invalid.

🔹Employer facing legal action or penalties.

⚖️ **Important Case Laws on Section 4**

Vishaka & Others v. State of Rajasthan (1997)

➡️ Though predating the POSH Act, this Supreme Court judgment laid the "foundation" for the POSH Act and the concept of ICs.

➡️ The Court directed all workplaces to set up complaints committees — this directive evolved into Section 4 of the POSH Act.

Must watch:- Chapter-2 section-4, posh act

Medha Kotwal Lele v. Union of India (2012)

➡️ The Supreme Court observed "non-compliance" by many organizations with Vishaka guidelines.

➡️ It emphasized the "need for accountability" and led to the recommendation of statutory backing, which became the POSH Act, including Section 4.

Sanjeev Mishra v. Bank of Baroda (2021)

➡️ The IC was challenged for "bias and improper constitution".

➡️ The Court ruled that an improperly constituted IC "vitiates the inquiry process".

➡️ Reinforces the importance of proper constitution as per Section 4.

Global Health Private Ltd. v. Local Complaints Committee, District Indore & Ors (2021)

➡️ Issue: The employer didn’t constitute an Internal Committee (IC).

➡️ Ruling: Madhya Pradesh High Court held that "non-constitution of the IC is a violation of Section 4", and the "Local Complaints Committee (LCC)" can step in.

➡️ Significance: Emphasized the mandatory nature of setting up an IC under Section 4.

Dr. Punita K. Sodhi v. Union of India (2010)(pre-2013, but relevant)

➡️Delhi High Court observed that "internal inquiries must follow due process", and that the composition of the committee must be unbiased and compliant with guidelines (based on Vishaka guidelines, which preceded POSH Act).

➡️Importance: Reinforces the rationale behind Section 4.

Ayesha Khatun v. The State of West Bengal (2021)

➡️ The organization "constituted an IC without an external member".

➡️ Calcutta High Court held this was "non-compliant with Section 4".

➡️ Takeaway: External member’s inclusion is not optional.

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What is Waqf ? Waqf (Amendment) Bill, 2025

What is Waqf ?

The term Waqf refers to a charitable endowment under Islamic law. A Waqf is the permanent dedication of a portion of a person's wealth or property—such as land, money, or buildings—for a religious, educational, or charitable purpose. Once established, a Waqf cannot be sold, inherited, or altered by the donor, and the property or income generated from it is meant to benefit a specific cause or the community. Waqf properties are managed by a board or trustee, often referred to as a Waqf Board, which oversees the use of the assets for the designated purpose.

In India, Waqf properties often include mosques, schools, hospitals, and charitable organizations. The Waqf Act of 1995 was introduced to regulate and manage these properties. However, over the years, there have been concerns regarding the mismanagement and corruption in Waqf institutions, prompting calls for reforms.

                        

Waqf (Amendment) Bill, 2025

The Waqf (Amendment) Bill, 2025 seeks to amend the existing Waqf Act of 1995, bringing significant reforms to improve the governance and management of Waqf properties in India. The bill aims to modernize the management system, increase transparency, and ensure that Waqf properties are used effectively for their intended purposes.

Here are the key provisions and major changes introduced by the Waqf (Amendment) Bill, 2025:

1. Enhanced Governance and Representation:

- The bill introduces a diverse governance structure for Waqf institutions. 

- One of the major changes is the inclusion of non-Muslim members in the Central Waqf Council and State Waqf Boards, which have traditionally been composed of Muslim individuals. This aims to promote inclusivity and ensure broader oversight.

- The bill mandates gender representation, requiring at least two Muslim women to be included in the Central Waqf Council and State Waqf Boards. This is intended to empower women and ensure their participation in the management of Waqf properties.

2. Government Oversight and Ownership Verification:

- The bill grants the government increased authority over the verification of ownership and disputes concerning Waqf properties. It allows the government to determine the ownership of disputed properties, which has been a long-standing issue.

- There are concerns that this provision could lead to government overreach in religious affairs, potentially impacting Waqf properties that lack proper documentation.

     

          Also read:- Law related to women

3. Technology and Digitization:

- The bill calls for the digitization of Waqf property records, aiming to improve transparency, reduce mismanagement, and streamline the process of property registration and management.

- Technology will be used to maintain clear financial records, ensure better auditing practices, and make property management more efficient.

4. Stricter Penalties and Accountability:

- The Waqf (Amendment) Bill introduces stricter penalties for mismanagement, corruption, or misuse of Waqf properties.

- It mandates regular audits and financial transparency, ensuring that all transactions and property dealings are properly documented and accounted for.

5. Focus on Gender and Religious Inclusivity:

- By requiring Muslim women’s representation on Waqf governing bodies and expanding the role of non-Muslims in the management of Waqf properties, the bill aims to increase gender and religious inclusivity within the Waqf governance system.

6. Reforms in Disputed Properties:

- The bill addresses the issue of disputed Waqf properties and aims to resolve ownership conflicts, which have historically led to the loss of valuable religious and charitable assets. 

- The government will be involved in verifying the ownership and status of such properties, ensuring that legal disputes are resolved more effectively.

Reactions and Controversies:

Support for the Bill:

- Proponents argue that the bill will help eliminate corruption, improve the management of Waqf properties, and ensure that these properties are used effectively for the welfare of the community.

- Supporters also highlight that the inclusion of women and non-Muslims is a step toward greater inclusivity and transparency.

Opposition and Concerns:

- Critics argue that the bill gives the government too much control over Waqf properties, potentially infringing on religious autonomy.

- Some Muslim organizations and political leaders are concerned that the inclusion of non-Muslims in the governance of Waqf bodies could undermine the religious and cultural significance of these institutions.

- There are also fears that properties that lack formal documentation may be at risk of being seized or misappropriated, especially in cases where ownership is disputed.

Legal Challenges:

- The bill has faced legal challenges in the Supreme Court from opposition parties and Muslim leaders who claim that it violates constitutional rights and religious freedoms.

- Notable figures like Asaduddin Owaisi (AIMIM) and Mohammad Jawed (Congress) have raised objections, calling the bill discriminatory and a breach of Muslim rights.

Conclusion:

The Waqf (Amendment) Bill, 2025 represents a significant overhaul of how Waqf properties are managed in India. It aims to modernize governance, ensure better oversight, and address long-standing issues of mismanagement and corruption. However, the bill has sparked controversy, with debates over the balance of government control, religious autonomy, and the inclusion of women and non-Muslims in Waqf governance. The outcome of ongoing legal challenges will determine the future of the bill and its implications for Waqf properties in India. Waqf (Amendment) Bill, 2025 represents a significant overhaul of how Waqf properties are managed in India. It aims to modernize governance, ensure better oversight, and address long-standing issues of mismanagement and corruption. However, the bill has sparked controversy, with debates over the balance of government control, religious autonomy, and the inclusion of women and non-Muslims in Waqf governance. The outcome of ongoing legal challenges will determine the future of the bill and its implications for Waqf properties in India.

Written by

Neelam

Advocate

District & High Court of Delhi 

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LAW RELATED TO WOMEN

 Laws related to women vary by country, but there are certain key areas where women’s rights are typically protected. Here are some broad categories of laws often in place to safeguard women's rights:

                          

1. Constitution of India

Article 14: Everyone, including women, is equal before the law. This means no one can be treated unfairly just because of their gender.

Article 15: Discrimination based on sex (gender) is not allowed. This means women should not be treated differently from men.

Article 21: Women have the right to live with dignity and safety, which includes protection from violence or unfair treatment.

2. The Protection of Women from Domestic Violence Act, 2005

Section 3: Domestic violence includes any physical, emotional, or sexual abuse within the home. If a woman is being abused, this law protects her.

Section 12: A woman who is experiencing violence can approach the court for protection, and the court will issue orders to stop the abuse.

Section 18: The woman can get a protection order that stops the abuser from coming near her, calling her, or threatening her.

Section 20: The woman can also ask for compensation for the harm she has suffered due to the abuse.

3. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013

Section 3: Sexual harassment at work includes things like unwanted touching, comments, or advances, and is illegal.

Section 4: Employers must set up a committee to prevent sexual harassment and address complaints.

Section 11: If a woman faces harassment, she can file a complaint with the internal committee, which will investigate the matter.

4. The Equal Remuneration Act, 1976

Section 4: Women should be paid the same amount as men if they are doing the same job with equal skills and responsibilities.

Section 5: Employers who don’t follow this rule can be fined or punished.

5. The Dowry Prohibition Act, 1961

Section 3: Giving or taking dowry (money or gifts given at the time of marriage) is illegal. This includes both demanding and accepting dowry.

Section 4: Anyone who demands dowry can be punished with imprisonment and a fine.

Must visit :- https://nexuslexus24.blogspot.com/2025/03/major-legal-rights-of-person-arrested.html

6. The Indian Penal Code (IPC), 1860

Section 375: Defines rape. If a man forces a woman into sexual activity without her consent, it is considered rape and is a crime.

Section 498A: If a woman is being treated cruelly by her husband or his family, such as through abuse or harassment, it’s a crime.

Section 354: If someone tries to touch a woman inappropriately or attacks her modesty, it is a criminal offense.

Section 377: This section criminalizes unnatural sexual offences, such as sexual acts against women without consent.

7. The Maternity Benefit Act, 1961

Section 3: If a woman is pregnant, she is entitled to paid maternity leave from her job for a certain number of weeks.

Section 9: A woman cannot be fired or treated unfairly for taking maternity leave.

8. The Hindu Succession Act, 1956

Section 6: Daughters now have the same rights as sons to inherit property in a Hindu family. They are considered equal heirs.

Section 8: If a Hindu woman dies without a will, her property will be inherited by her family members according to law.

9. The Prohibition of Child Marriage Act, 2006

Section 3: If a girl is married before the age of 18, the marriage is considered illegal.

Section 4: Those who perform or support child marriages can be punished.

10. The Family Courts Act, 1984

Section 2: Family courts are set up to help women and families solve issues like divorce, child custody, and maintenance.

Section 20: A woman can file for maintenance (financial support) from her husband or partner if they separate or divorce

.

11. The Commission of Sati (Prevention) Act, 1987

Section 3: This law makes it illegal to force or encourage a woman to commit "sati" (self-immolation after her husband’s death).

Section 4: Anyone who supports or helps someone commit sati can be punished severely.

12. The Indian Divorce Act, 1869

Section 10: Provides the grounds on which a Christian woman can file for divorce, such as cruelty or adultery.

Section 36: If a woman is divorced, she can claim alimony (financial support) from her husband.

These laws aim to protect women's rights in various aspects of life, from safety and equality to family and work. They ensure that women have legal recourse if their rights are violated, and they also seek to eliminate harmful practices like dowry and child marriage.

National Legal Services Day , Celebrating equal access to justice

 Legal Services Day, observed annually on November 9, is a significant occasion in India. This day provides a forum for raising legal awareness and guaranteeing that all citizens, particularly those from underrepresented groups, have access to justice. In order to build a more just society, this day seeks to promote dispute resolution procedures and inform individuals about their legal rights through a variety of initiatives and events. National Legal Services Day inspires people and raises public awareness of the free legal aid that is accessible, which makes it significant beyond merely being celebrated.

On November 9, we commemorate National Legal Services Day, which emphasizes the value of universal access to legal help and justice. It was started by the Supreme Court and promotes legal knowledge, conflict settlement, and equal representation for underrepresented groups in India. It also increases awareness of free legal services, particularly for economically disadvantaged groups.

The date of National Legal Services Day 

Every year, all Legal Services Authorities mark November 9th as "Legal Services Day" in accordance to Chief Justice A.S. Anand's request during the First Annual Meet. The inaugural Annual Meeting of the State Legal Services Authorities (NALSA) took place in New Delhi on September 12, 1998. They decided to streamline and enhance legal assistance programs throughout India during this meeting after reviewing the state of existing programs.

2024's National Legal Services Day: history 

To provide legal assistance to disadvantaged and marginalized people, the Legal Services Authorities Act was established on November 9, 1995. As a result of this landmark legislation, the National Legal Services Authority (NALSA) was created on December 5, 1995. Since then, every year has been National Legal Services Day. The day's major objective is to increase awareness of the free legal aid and alternative dispute resolution processes that are available. Giving free legal aid to those who cannot afford to hire an attorney is the day's goal.

                                   Read Also:-   Public Interest Litigation

For what reason is Legal Services Day important?

 The day is important to ensure that everyone is treated fairly. Giving everyone assistance and legal protection, especially to the less fortunate and impoverished members of society, is what the day advocates. The day also aims to increase public awareness of the law and streamline dispute resolution in order to ensure that everyone has access to justice. The National Legal Services Authority plays a crucial role in delivering justice to the marginalized and impoverished through initiatives like Lok Adalats and legal awareness campaigns.

Conclusion, National Legal Services Day reaffirms the dedication to justice and legal assistance for all, especially those who are less fortunate. Legal rights awareness becomes a cornerstone of social equality by ensuring that no one is denied representation by bridging the gap between underprivileged populations and legal resources.

Public Interest Litigation: How To File A PIL In India?

The phrase has gained widespread recognition in the context of current events. There are an end number of PILs being filed. However, are you aware of what a public interest litigation is? How may a PIL be filed? Who is eligible to submit a PIL? Here is everything you need to know about PIL before choosing to start the procedure. Any issue or policy of the government may be bothering you and may have long-term effects on the general public. These problems have the potential to undermine the general welfare and produce intolerable circumstances involving corruption, abuse, and violations of constitutional rights, among other things. PIL is the answer for you if you are a socially aware citizen. Using PIL, a potent legal weapon, you can try to correct the system.

What is the process for initiating a Public Interest Litigation in India? How does one go about filing a PIL?

What is litigation in the public interest?

It has to do with public interest, as the name implies. PILs, according to Wikipedia, are lawsuits filed to protect the public interest and show that socially disadvantaged persons can obtain justice.

Who Is Eligible to File a PIL?

An individual, a group of citizens, or a non-governmental organization may submit a PIL. The offended party need not be the only one who files a PIL. Any citizen may submit a PIL. Only the requirement that it be submitted in the public interest rather than for personal benefit will be enforced. The Honorable Court may even take suo moto cognizance if the issue is really important.

Where Do I File a PIL?

 The writ petition is extended by a PIL. There are two Articles that regulate the filing of a Public Interest Litigation (PIL) in India. One may file a Public Interest Litigation in either the Supreme Court or the High Court. Article 226 of the Constitution allows you to bring a Public Interest Litigation (PIL) before the High Court, while Article 32 allows you to file a PIL before the Supreme Court of India. If you are submitting a Public Interest Litigation (PIL) in the Supreme Court, you must file five copies of the PIL. The respondents will only receive copies of the PIL when the court notifies them of it.

However, you must serve a copy of the PIL to the respondents beforehand and provide two copies when filing a PIL in the High Court.

                                                  Read also:-   How Indian law works.

How Can a Public Interest Litigation Be Filed?

What is required in order to file a PIL? Which papers are needed in order to submit a PIL?

PIL filing is not as difficult as you may believe. To voice your concerns, you can send a straightforward letter or postcard to the Chief Justice of India or the Chief Justice of the High Court. However, if you can, it is preferable to follow the correct procedure. To file a Public Interest Litigation, you can do the following main actions. Compile all of the relevant facts about the problem.

- Make sure all the documents are compiled.

- Choose the court where you wish to file. 

- Send a PIL to the Chief Justice of the High Court in question in order to file it. 

- It should be addressed to the Chief Justice of India if it is being filed in the Supreme Court. 

- Two copies shall be submitted while filing it in the High Court, and the respondents should also receive a copy beforehand. 

- When the PIL is in the Supreme Court, five copies should be filed, and the respondents won't receive a copy until the court notifies them of it.

- Before filing a PIL, get advice from a qualified and experienced attorney since this can help you avoid wasting time on pointless stuff.

Documents Needed for PIL Filing

 The petitioner must include their name, occupation, yearly income, PAN number, phone number, email address, and postal address.

 - The petitioner's identification must be annexed. 

 - List names and addresses of all aggrieved parties.

 - List names and addresses of respondents or government agencies from which relief is sought by the petitioner.

 - Facts of the issue or case leading to fundamental rights violation

 - Nature of violation or injury

 - Any personal interest she/he/it may have.

 - The petitioner should also clarify about whether they will be able to pay the costs in case the court may impose any.

Can I file a PIL without a lawyer?

You have two options for presenting the case: in person or by hiring a Public Interest attorney. Hiring a lawyer to file a PIL, however, will be a smart move."

What is the required amount of money to file a PIL? 

The cost of filing a PIL is very low. A court fee of Rs 50 for each respondent must be paid by the petitioner and attached to the petition. Nonetheless, the expenses incurred to defend a case differ for each counsel. But be sure this isn't a pointless PIL before filing it. You might be charged by the court for wasting its time if you don't.

You are able to file a PIL

- For violating the fundamental human rights of underprivileged and impoverished individuals. 

- Policies of the government may impact social fairness, cause corruption, or violate    human rights.

- To force municipal officials to carry out their fundamental responsibilities. 

- Religious or fundamental rights violations

PILs cannot be filed for 

- Issues pertaining to services. 

- Issues pertaining to pay, pensions, gratuities, etc. 

- Tenant-landlord issues. complaints against local, state, and federal government agencies that do not involve matters covered by the Supreme Court's standards.

-  Issues concerning enrollment in educational establishments. 

-  Petitions asking the High Court and other courts to hold early hearings.

In conclusion, This is the process for bringing a Public Interest Litigation (PIL), and we hope that the information above answers all of your questions. A PIL should always contain the public interest to address the right issue and should not waste the court's time, thus whomever wishes to start should keep that in mind.

WHAT IS INDIAN LAW & HOW IT'S WORK ?

Indian law refers to the body of laws in India that govern the country and its citizens. It is a complex and multifaceted system influenced by the country's diverse cultural, historical, and social contexts. Here are some key characteristics and components of Indian law, along with an overview of how it works:

Characteristics of Indian Law

1. Common Law System: India follows a common law legal system, which is based on judicial precedents, customs, and statutes. English law heavily influenced Indian law during colonial rule, and many principles of English common law remain in effect.

2.Constitutional Framework: The Constitution of India, adopted in 1950, is the supreme law of the land. It lays down the fundamental rights and duties of citizens and establishes the structure of the government. All laws must comply with the Constitution.

3.Legislative Framework: Laws in India are made by the Parliament (for central laws) and state legislatures (for state laws). The legislative process involves several stages, including drafting, debating, and voting on bills.

4. Judiciary: The Indian judiciary is independent and has the power of judicial review to ensure that laws and executive actions comply with the Constitution. The Supreme Court of India is the highest court, followed by High Courts in each state and various subordinate courts.

5. Personal Laws: India recognizes personal laws governing marriage, divorce, inheritance, and adoption, which vary based on religion. For example, Hindus, Muslims, Christians, and other communities have their own personal laws.

Read also :- How to file criminal cases

 How Indian Law Works:

1. Legislation: The legislative process begins with the introduction of a bill in either the Lok Sabha (House of the People) or the Rajya Sabha (Council of States). After discussions and approval from both houses, the bill is sent to the President for assent. Once the President approves it, it becomes law.

2. Judicial System: The judiciary interprets and applies the laws. Courts resolve disputes between individuals, organizations, and the state. The court system is hierarchical, with the Supreme Court at the apex, followed by High Courts and subordinate courts. Courts have the power to enforce rights and settle legal issues based on statutes, precedents, and constitutional provisions.

3. Enforcement: Law enforcement agencies, such as the police, are responsible for enforcing laws and maintaining public order. They investigate crimes, apprehend offenders, and aid in the judicial process.

4. Legal Aid and Access: India has provisions for legal aid to ensure access to justice for marginalized and economically disadvantaged individuals. Legal services are provided through various government schemes and nonprofit organizations.

5. Alternative Dispute Resolution (ADR): In addition to traditional court proceedings, mechanisms like arbitration, mediation, and conciliation are used to resolve disputes amicably and efficiently.

Overall, the Indian legal system aims to promote justice, protect fundamental rights, and ensure social order, reflecting the diverse and pluralistic nature of Indian society.