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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Prevention Of Sexual Harrasment

 

WHAT IS THE POSH ACT?

"The **POSH Act** stands for the **Prevention of Sexual Harassment at the Workplace Act**, which was enacted in **2013** in India. The law aims to create a safe and respectful working environment for all employees, regardless of gender."

"The act came into being after a 2012 landmark case where a woman, working in a multinational company, filed a complaint of sexual harassment. This highlighted the need for a clear law to address this issue in the workplace."

WHO DOES THE POSH ACT PROTECT?

"The POSH Act protects all individuals at the workplace, but it's particularly focused on safeguarding women from sexual harassment. This includes employees, interns, contractual workers, and even volunteers working for an organization."

"Importantly, it also applies to workers in both the formal and informal sectors. So whether you’re in a corporate office or working at a small organization, the law is there to protect you."

                Must watch :- Prevention of sexual harrasment

WHAT CONSTITUTES SEXUAL HARASSMENT?

"So what exactly does the law say about sexual harassment? The POSH Act defines sexual harassment as any kind of unwelcome behavior that is **physical, verbal, or non-verbal**. It includes acts like:

Unwanted physical contact or advances

Sexual comments, jokes, or gestures

Displaying sexually explicit materials

Any other behavior that creates a hostile or intimidating environment

"So if any of these things happen in your workplace, it could be considered harassment under the law."

COMPLAINT MECHANISM AND INTERNAL COMMITTEE

"Now, let’s talk about how the law actually works. If someone is harassed, they can file a complaint with the **Internal Complaints Committee** (ICC) in their organization. Every company with more than 10 employees is required to form this committee to deal with such complaints."

"The committee is supposed to be gender-neutral and must be headed by a woman. It also needs to have at least one external member — usually someone with experience in legal or social work related to sexual harassment."

DUTIES OF THE EMPLOYER

"Employers also have specific responsibilities under the POSH Act. They must:

1. Ensure the workplace is free from sexual harassment.

2. Take immediate action if a complaint is made.

3. Implement awareness programs and workshops to educate employees about the law.

"Basically, the employer must create an environment where harassment is not tolerated and ensure there are clear avenues for employees to report incidents."

PENALTIES FOR VIOLATION

"So what happens if the employer or the accused fails to comply with the law? Well, the law does have penalties. If the employer doesn’t set up an Internal Complaints Committee or fails to act on complaints, they could face a fine of up to ₹50,000. In more serious cases, they could face higher fines or even suspension of their business operations."

CONCLUSION

"To wrap things up, the POSH Act plays a crucial role in ensuring safe and dignified workplaces for all employees. It encourages employers to take proactive steps to prevent harassment and create an environment of respect."

"So, if you’re someone who works or manages a workplace, make sure you're aware of your responsibilities under this act. And if you’ve experienced harassment or witnessed it, know that there are legal frameworks in place to help.”

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.

MAJOR LEGAL RIGHTS OF A PERSON ARRESTED BY THE POLICE

 The principal legal rights of a person arrested by the police are as follows:

1. Right to be Informed of the Grounds of Arrest : As per Section 50 of the Criminal Procedure Code (CrPC), an arrested person has the right to be informed of the reasons for their arrest and the charges, if any, against them, at the time of arrest.

2. Right to Legal Representation : Under Article 22 of the Constitution of India and Section 41-D of the CrPC, an arrested person has the right to consult a legal practitioner of their choice. In case the arrested person cannot afford a legal practitioner, the police are bound to inform them of their right to free legal aid.

3. Right to Remain Silent : As per Article 20(3) of the Constitution of India and Section 161(2) of the CrPC, an arrested individual has the right to remain silent and not to answer any questions that may incriminate them. No coerced confessions or statements may be taken from them.

4. Right to be Informed of Rights : It is obligatory for the police to inform the arrested person of their rights, including the right to consult a legal practitioner, the right to be produced before a Magistrate within 24 hours of arrest, and the right to seek bail (Section 50 of CrPC).

5. Protection from Torture and Cruelty : Under Section 330 and 331 of the Indian Penal Code (IPC) and Article 21 of the Constitution, the arrested person is entitled to be free from physical or mental torture, inhuman or degrading treatment, and must not be subjected to any form of torture during arrest, detention, or interrogation.

6. Right to be Produced Before a Magistrate : In accordance with Section 57 of the CrPC, every person arrested shall be produced before a Magistrate within 24 hours of their arrest, excluding the time required for travel, for the purpose of judicial scrutiny of the detention.

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These rights are enshrined to ensure the protection of the arrested person's fundamental freedoms and ensure compliance with due process of law.

Chief Justice Of India 2024: Sanjeev Khanna

 

President Draupadi Murmu administered the oath of the office of the Chief Justice of India (CJI) to Supreme Court judge Justice Sanjiv Khanna on Monday (November 11, 2024) at Rashtrapati Bhavan.

He comes from a distinguished legal family and is the third generation of his family to enter a legal profession. His father, justice Dev Raj Khanna, was a former Delhi High Court judge,and his uncle, HR Khanna was a renowned supreme court judge.

The swearing-in ceremony of the 51st Chief Justice of India at Rashtrapati Bhavan saw Vice-President Jagdeep Dhankhar, Prime Minister Narendra Modi, government Ministers, former Chief Justices of India, sitting and retired judges of the Supreme Court and High Courts in attendance.

At ten in the morning, President Droupadi Murmu gave him the oath of office. He will hold the position of Chief Justice of India for a period of six months.

                           Read Also:- National legal service

The outgoing Chief Justice DY Chandrachud, who retired on November 10 after serving since November 9, 2022, nominated Justice Sanjiv Khanna, the Supreme Court's second-most senior judge, to be Chief Justice. Sanjiv Khanna, who was born on May 14, 1960, started practicing law in 1983 as an advocate for the Delhi Bar Council. He has a wealth of knowledge in the areas of taxation, arbitration, commercial law, environmental law, and constitutional law.

Justice Khanna also served as the Senior Standing Counsel for the Income Tax Department. In 2004, he was appointed Standing Counsel (Civil) for the National Capital Territory of Delhi.

Justice Khanna's noteworthy judicial career began in 2005 when he was appointed as an additional judge of the Delhi High Court and in 2006 when he was made a permanent judge. Justice Khanna had a crucial part in forming the legal system during his time there by making important contributions to the Delhi Judicial Academy, Delhi International Arbitration Center, and District Court Mediation Centers.

Justice Khanna was appointed to the Supreme Court on January 18, 2019, despite never having held the position of Chief Justice of a High Court. 

Arvind Kejriwal, the former chief minister of Delhi, was granted interim bail by Justice Khanna, one of his many historic rulings. Kejriwal was able to campaign for the Lok Sabha elections thanks to this judgment. In yet another significant decision, Justice Khanna emphasized that the Prevention of Money Laundering Act (PMLA) may legitimately issue bail in cases when procedures have been delayed. This ruling was made in a case involving Manish Sisodia, the former deputy chief minister of Delhi.

As chief justice, khanna is widely recognised for his commitment to reducing judicial pendency and accelerating the pace of justice delivery in India.

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.