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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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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