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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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.”