Chapter-3 section 5-8 POSH ACT,2013

 Chapter -3 section 5-8

This chapter lays down the institutional and procedural framework for how sexual harassment complaints should be addressed in the workplace.

And to make it more practical, we’ll also look at important case laws where these sections were applied—or ignored—with serious consequences."

SECTION 5 – Notification of the Order

"Section 5 places a "legal duty on the District Officer" to "notify the constitution of the Local Complaints Committee (LCC)" in every district."

What does this mean?

* When an LCC is formed, the District Officer must "publicly announce" and "circulate" that information.

* This is crucial for women working in the "unorganized sector" or "workplaces with fewer than 10 employees", where there is no Internal Committee.

  Why is this important?

* It ensures "access to justice" for vulnerable women workers—like domestic workers, construction laborers, freelancers, or contract staff.

* Without this notification, women may not even know where to go to file a complaint.

🧑‍⚖️ Case Law: K. Ajitha v. State of Kerala (2018)

The Kerala High Court emphasized that failure to "notify the LCC properly" could result in "denial of justice".

The court directed the state to ensure proper "awareness campaigns and public notice".

          Must watch :- Chapter-3 section 5-8 POSH ACT,2013

SECTION 6 – Constitution of the Internal Committee

"Section 6 makes it mandatory for every employer with "10 or more employees" to form an "Internal Committee (IC)" at each office or unit."

Composition of the IC:

1. Presiding Officer: A senior-level woman employee

2. Two members: From among employees, with experience in social work, legal knowledge, or commitment to women’s causes.

3. One external member:From an NGO or someone with experience in women's rights.

📌 Every office, every branch, must have its **own Internal Committee**.

🧑‍⚖️ Landmark Case: Vishaka v. State of Rajasthan (1997)

Although this case predates the Act, the "Supreme Court laid the foundation" for the POSH law.

It stressed that all workplaces "must have a redressal mechanism" to protect women from harassment.

This judgment led to the creation of Section 6.

🧑‍⚖️ Case: Medha Kotwal Lele v. Union of India (2013)

In this case, the SC took serious note of non-compliance and said:

 “If the Internal Complaints Committee is not in place, it is a violation of constitutional rights.”

So, if you're an employer and haven’t formed an IC yet—you’re already "breaking the law".

 SECTION 7 – Tenure of the Internal Committee Members

"Section 7 defines the "term of office" for Internal Committee members. Every member holds office for "three years" from the date of nomination."

But there’s more.

Removal of a Member:

A member "can be removed before their term" if:

* They disclose confidential information,

* Are convicted of a crime,

* Use their position to gain undue advantage, or

* Violate the code of conduct.

🧑‍⚖️ **Case Law: Saurabh Kumar Mallick v. Comptroller & Auditor General of India (2016)**

The Delhi High Court underlined the importance of **neutral and fair IC members**.

It ruled that **biased or unethical committee members** compromise the entire inquiry and lead to **miscarriages of justice**.

 SECTION 8 – Complaint Mechanism

"Section 8 highlights a core principle of the POSH Act – that it's not enough to just form a committee. Employers must also create a "functional and accessible complaint mechanism."

What does this include?

* A written POSH policy

* Display of contact details of IC and LCC members

* Training and sensitization programs for employees

* Ensuring confidentiality, no retaliation, and quick resolution.

🧑‍⚖️ Case Law: Dr. Punita K. Sodhi v. Union of India (2010)

Here, the Delhi High Court criticized a government department for failing to provide a proper forum for redressal.

The court ruled that such negligence amounted to institutional failure and could lead to legal action against the employer.

🧑‍⚖️ Case: Shital Prasad Sharma v. State of Rajasthan (2014)

The Rajasthan HC said every workplace must ensure that their complaint mechanism is not only present but also visible and accessible to all employees.

"So let’s recap what Chapter 3 of the POSH Act tells us:

* Section 5: District Officers must notify the formation of LCCs

* Section 6: Every workplace with 10+ employees must form an Internal Committee

* Section 7: IC members hold office for 3 years, unless removed for misconduct

* Section 8: Employers must implement a robust, fair complaint mechanism

"These aren't just checkboxes. These are l

egal duties. Failure to comply can—and has—led to strict actions by courts."

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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Constitution Day Of India

 

Today (November 26, 2024), President Droupadi Murmu will give a joint address to both Houses of Parliament to begin the festivities commemorating 75 years since the adoption of India's Constitution.

The Constitution went into effect on January 26, 1950, when India became a republic, even though it had been adopted on November 26, 1949. The administration has scheduled ceremonies for the entire year to commemorate the event. The Center established a new website, https://constitution75.com, on Monday, November 25, 2024, to let citizens to interact with the Constitution's legacy.

On November 25, union ministers started the "Samvidhan Yatra" to commemorate the 75th anniversary of India's constitution. According to Union Minister Gajendra Singh Shekhawat, we are commemorating "Hamara Samvidhan, Hamara Samman" since the constitution will mark its 75th anniversary of creation. "I want to encourage the young people to band together for the country's progress," he continued.

Samvidhan Diwas, sometimes called Constitution Day, is observed annually on November 26 to honor the adoption of the Indian constitution, which shaped the country's democratic foundation. After three years, the Constituent Assembly, led by BR Ambedkar, finally drafted the constitution in 1949. On January 26, 1950, the Indian Republic's birth anniversary, the Indian constitution went into force.

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2024's Indian Constitution Day: 

Background In 2015, the Ministry of Social Justice and Empowerment of the Government of India formally designated November 26 to be Constitution Day in recognition of the historic occasion.

In accordance with the 1946 Cabinet Mission Plan, the Constituent Assembly created the constitution. Dr. Sachhidanand Sinha presided over the first session, which took place on December 9, 1946, with Dr. Rajendra Prasad serving as the permanent chairman. The longest constitution, which initially had 395 articles, 22 sections, and 12 schedules, was drafted under the direction of BR Ambedkar. Prem Behari Narain Raizada hand-wrote the Constitution in both Hindi and English using calligraphy, while Nandalal Bose and Shantiniketan painters created the artwork. Twenty-two historical pictures from the original manuscript are kept in helium-filled cases at the Parliament Library.

There have been numerous amendments made to the constitution. The 42nd Amendment, one of the 1976 changes, added Article 51-A, which enumerates ten obligations influenced by both international and Indian customs. In 2002, an eleventh duty was added.

2024 Constitution Day:

 Importance The framers of the Constitution are honored on Constitution Day. The longest written constitution in the world is that of India, which emphasizes the values of equality, justice, liberty, and fraternity. By holding discussions and establishing the framework for a sovereign, socialist, secular, and democratic republic, this day honors the Constituent Assembly's goals and achievements.

Constitution Day 2024: Top 10 quotes 

"The Constitution is not a mere lawyer's document, it is a vehicle of life, and its spirit is always the spirit of age." — B. R. Ambedkar

"We are Indians, firstly and lastly." — B. R. Ambedkar

"The Constitution only gives people the right to pursue happiness. You have to catch it yourself." — Benjamin Franklin

"The greatness of a nation lies in its fidelity to the Constitution and adherence to the rule of law." — Chief Justice John Roberts

"A constitution is not the act of a government, but of a people constituting a government." — Thomas Paine

"The Constitution is the guide which I will never abandon." — George Washington

"The beauty of the Constitution is that it enables each generation to interpret it for its own time." — Barack Obama

"Liberty lies in the hearts of men and women; when it dies there, no constitution can save it." — Learned Hand

"Democracy is not merely a form of government. It is primarily a mode of associated living, of conjoint communicated experience." — B. R. Ambedkar

"The most powerful Constitution is one written in the hearts of citizens." — Anonymous

The Appointment of the Chief Justice of India: A Constitutional and Judicial Perspective

The process of appointing the Chief Justice of India (CJI) is an integral part of India's judicial system, ensuring both judicial independence and a smooth transition of leadership within the highest court of the land. While the Indian Constitution does not specifically enumerate the procedure for the appointment of the CJI, it outlines the establishment of the Supreme Court of India and designates the position of the Chief Justice under Article 124(1). Over time, judicial precedents have shaped the process, particularly the interpretation of Articles 124(2) and 124(1), and the norms governing the selection of the CJI.

Constitutional Framework and Judicial Precedents

Article 124(1) of the Indian Constitution simply states that there shall be a Supreme Court, and that it shall consist of a Chief Justice and such other judges as the President may deem fit. Article 124(2) further empowers the President to appoint the Chief Justice of India, albeit the method and criteria for this appointment have been influenced by judicial interpretations over the years.

In the landmark Second Judges Case (1993), the Supreme Court clarified that the appointment of the Chief Justice must follow the principle of seniority. This ruling established that the President of India must appoint the senior-most judge of the Supreme Court as the Chief Justice. The Court held that the "seniority principle" serves to maintain the independence and impartiality of the judiciary, preventing political influence in the selection of the highest judicial officer. However, the Constitution does not expressly codify this requirement, leaving it to the judicial interpretations to define the specifics.

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Further refinement came in the Third Judges Case (1998), which resulted in the creation of the "collegium system." The collegium comprises the Chief Justice of India and a group of the next four senior-most judges of the Supreme Court. The Third Judges Case expanded on the Second Judges Case by emphasizing that the Chief Justice of India should consult with a plurality of senior judges before making recommendations regarding judicial appointments and transfers. In this context, the collegium system aims to ensure a collective decision-making process, reducing the risk of bias or undue influence in the selection of judges.

While the Supreme Court has stated that the CJI should generally be the senior-most judge, the President retains the discretion to appoint any judge of the Supreme Court to the position. This means that, in rare instances, the President may bypass the seniority principle, though such a decision has the potential to undermine the traditional norms of judicial independence.

Role of the President and the Prime Minister

Although the President of India holds the constitutional authority to appoint the Chief Justice of India, this decision is made based on the advice of the Union Law Minister, who in turn advises the Prime Minister. The Prime Minister then forwards the recommendation to the President. In practice, however, the appointment of the CJI is guided by the collegium's recommendation, a practice rooted in the Third Judges Case (1998). This system effectively minimizes executive interference in judicial appointments and reinforces the separation of powers between the judiciary and the executive.

Oath of Office and Tenure

Upon appointment, the Chief Justice of India takes an oath of office before the President of India, as per the constitutional requirement. The CJI holds office until the age of 65, or until retirement, whichever occurs first. This age limit ensures that the leadership of the Supreme Court remains dynamic, with the position being filled by the next most senior judge once the incumbent demits office. Should the office of the CJI become vacant due to retirement or other reasons, the President appoints the next senior-most judge of the Supreme Court.

Conclusion

The appointment of the Chief Justice of India is an evolving process, influenced by both constitutional provisions and judicial interpretations. While the principle of seniority remains a cornerstone of the selection process, the collegium system has provided a mechanism for greater transparency and collective decision-making. This system safeguards judicial independence by ensuring that appointments are made without undue influence from the executive. Ultimately, the independence and integrity of the judiciary depend on the consistent application of these norms, ensuring that the Chief Justice of India remains a symbol of impartiality and constitutional stewardship.

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.

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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.

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.

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 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.