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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POSH ACT 2013, chapter 1, section 1-3

 The Protection of Women from Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) is a crucial legislation for ensuring a safe working environment for women. Below is a detailed breakdown of Chapter 1 (Sections 1-3) along with relevant case laws.

Chapter 1: Preliminary (Sections 1-3)

Section 1: Short Title, Extent, and Commencement

- Subsection (1): The Act is called the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

- Subsection (2): It extends to the whole of India.

-Subsection (3): It came into force on 9th December 2013.

Relevant Case Law:  

Vishaka & Ors. v. State of Rajasthan (1997) 6 SCC 241  

  - Before the POSH Act, the Vishaka Guidelines laid down by the Supreme Court were the primary framework for preventing sexual harassment at workplaces.  

  - The case arose from the brutal gang rape of Bhanwari Devi, a social worker.  

  - The SC held that sexual harassment violates fundamental rights under Articles 14, 15, 19(1)(g), and 21.  

  - The POSH Act was later enacted to codify these guidelines.

                 Must watch:-    Posh act , chapter 1, section 1-3

Section 2: Definitions

Key definitions under this section include:  

- Aggrieved Woman (Section 2(a)): Any woman of any age (whether employed or not) alleging sexual harassment.  

- Employee (Section 2(f)): Includes regular, temporary, ad-hoc, daily wage workers, and even volunteers.  

- Workplace (Section 2(o)): Extends beyond traditional offices to include transport provided by the employer, off-sites, and even telecommuting.  

Relevant Case Laws: 

 

1. Medha Kotwal Lele v. Union of India (2013) 1 SCC 297

 - The SC reinforced the Vishaka Guidelines and directed all states to implement them strictly.  

 - Emphasized that failure to constitute a complaints committee is a violation of fundamental rights.  

2. Aureliano Fernandes v. State of Goa (2020) 3 SCC 506

   - The SC held that even a single instance of sexual harassment is sufficient to constitute an offense.  

   - Clarified that workplace includes any place visited during employment (e.g., official trips).  

 Section 3: Prevention of Sexual Harassment

 Subsection (1): No woman shall be subjected to sexual harassment at any workplace.  

 Subsection (2): Defines sexual harassment broadly, including:  

       - Physical contact & advances  

       - Demand for sexual favors  

       - Sexually colored remarks  

       - Showing pornography  

       - Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.  

Relevant Case Laws:  

1. Apparel Export Promotion Council v. A.K. Chopra (1999) 1 SCC 759

   - The SC held that physical contact is not necessary to prove sexual harassment.  

   - Even lewd remarks or gestures can amount to harassment.  

   

2. Rupan Deol Bajaj v. K.P.S. Gill (1995) 6 SCC 194

   - A senior IPS officer slapped a woman IAS officer on her posterior in a public gathering.  

   - The SC ruled that even a single act of harassment is punishable.  

Key Takeaways for Judiciary Aspirants

1. Vishaka Guidelines were the foundation of the POSH Act.  

2. Workplace has an expansive definition (includes virtual workplaces post-COVID).  

3. Sexual harassment is not limited to physical acts—verbal/non-verbal conduct is equally punishable.  

4. Employers must constitute an Internal Complaints Committee (ICC)—non-compliance attracts penalties.  

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Prevention Of Sexual Harrasment

 

WHAT IS THE POSH ACT?

"The **POSH Act** stands for the **Prevention of Sexual Harassment at the Workplace Act**, which was enacted in **2013** in India. The law aims to create a safe and respectful working environment for all employees, regardless of gender."

"The act came into being after a 2012 landmark case where a woman, working in a multinational company, filed a complaint of sexual harassment. This highlighted the need for a clear law to address this issue in the workplace."

WHO DOES THE POSH ACT PROTECT?

"The POSH Act protects all individuals at the workplace, but it's particularly focused on safeguarding women from sexual harassment. This includes employees, interns, contractual workers, and even volunteers working for an organization."

"Importantly, it also applies to workers in both the formal and informal sectors. So whether you’re in a corporate office or working at a small organization, the law is there to protect you."

                Must watch :- Prevention of sexual harrasment

WHAT CONSTITUTES SEXUAL HARASSMENT?

"So what exactly does the law say about sexual harassment? The POSH Act defines sexual harassment as any kind of unwelcome behavior that is **physical, verbal, or non-verbal**. It includes acts like:

Unwanted physical contact or advances

Sexual comments, jokes, or gestures

Displaying sexually explicit materials

Any other behavior that creates a hostile or intimidating environment

"So if any of these things happen in your workplace, it could be considered harassment under the law."

COMPLAINT MECHANISM AND INTERNAL COMMITTEE

"Now, let’s talk about how the law actually works. If someone is harassed, they can file a complaint with the **Internal Complaints Committee** (ICC) in their organization. Every company with more than 10 employees is required to form this committee to deal with such complaints."

"The committee is supposed to be gender-neutral and must be headed by a woman. It also needs to have at least one external member — usually someone with experience in legal or social work related to sexual harassment."

DUTIES OF THE EMPLOYER

"Employers also have specific responsibilities under the POSH Act. They must:

1. Ensure the workplace is free from sexual harassment.

2. Take immediate action if a complaint is made.

3. Implement awareness programs and workshops to educate employees about the law.

"Basically, the employer must create an environment where harassment is not tolerated and ensure there are clear avenues for employees to report incidents."

PENALTIES FOR VIOLATION

"So what happens if the employer or the accused fails to comply with the law? Well, the law does have penalties. If the employer doesn’t set up an Internal Complaints Committee or fails to act on complaints, they could face a fine of up to ₹50,000. In more serious cases, they could face higher fines or even suspension of their business operations."

CONCLUSION

"To wrap things up, the POSH Act plays a crucial role in ensuring safe and dignified workplaces for all employees. It encourages employers to take proactive steps to prevent harassment and create an environment of respect."

"So, if you’re someone who works or manages a workplace, make sure you're aware of your responsibilities under this act. And if you’ve experienced harassment or witnessed it, know that there are legal frameworks in place to help.”

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.

MAJOR LEGAL RIGHTS OF A PERSON ARRESTED BY THE POLICE

 The principal legal rights of a person arrested by the police are as follows:

1. Right to be Informed of the Grounds of Arrest : As per Section 50 of the Criminal Procedure Code (CrPC), an arrested person has the right to be informed of the reasons for their arrest and the charges, if any, against them, at the time of arrest.

2. Right to Legal Representation : Under Article 22 of the Constitution of India and Section 41-D of the CrPC, an arrested person has the right to consult a legal practitioner of their choice. In case the arrested person cannot afford a legal practitioner, the police are bound to inform them of their right to free legal aid.

3. Right to Remain Silent : As per Article 20(3) of the Constitution of India and Section 161(2) of the CrPC, an arrested individual has the right to remain silent and not to answer any questions that may incriminate them. No coerced confessions or statements may be taken from them.

4. Right to be Informed of Rights : It is obligatory for the police to inform the arrested person of their rights, including the right to consult a legal practitioner, the right to be produced before a Magistrate within 24 hours of arrest, and the right to seek bail (Section 50 of CrPC).

5. Protection from Torture and Cruelty : Under Section 330 and 331 of the Indian Penal Code (IPC) and Article 21 of the Constitution, the arrested person is entitled to be free from physical or mental torture, inhuman or degrading treatment, and must not be subjected to any form of torture during arrest, detention, or interrogation.

6. Right to be Produced Before a Magistrate : In accordance with Section 57 of the CrPC, every person arrested shall be produced before a Magistrate within 24 hours of their arrest, excluding the time required for travel, for the purpose of judicial scrutiny of the detention.

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These rights are enshrined to ensure the protection of the arrested person's fundamental freedoms and ensure compliance with due process of law.