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

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.

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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.