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.

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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.

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.

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.