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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