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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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.

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.