Workplace Harassment Under POSH Act 2013: ICC Guidelines and Employer Responsibilities

The POSH Act sets one unusual deadline that many students miss: a complaint must normally be made within three months of the incident, but the committee can extend that by up to three more months if it records its reasons in writing. Small details like this are what examiners pick when they set a question on the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

This blog explains the Act in the order a complaint travels. It covers the definitions, the Internal Complaints Committee, the Local Complaints Committee, the complaint process, and what an employer must do. It is useful for the Civil Judge Exam, PCS J Exam and APO Exam.

Key definitions in Section 2

•        Aggrieved woman: At a workplace, a woman of any age, employed or not, who alleges sexual harassment by the respondent. At a dwelling place or house, a woman of any age employed there.

•        Employer: For government bodies, the head of the unit or an officer the government specifies. For other workplaces, the person who manages, supervises and controls it. It also covers anyone discharging contractual obligations toward employees, and for a dwelling place, the person or household that employs or benefits from a domestic worker.

•        Workplace: Government and publicly funded bodies, private organisations, hospitals and nursing homes, sports venues, places an employee visits during employment including transport provided by the employer, and dwelling places or houses.

•        Sexual harassment: Unwelcome conduct, direct or implied, including physical contact and advances, demands for sexual favours, sexually coloured remarks, showing pornography, and other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

Notice how wide the definition of workplace is. It reaches beyond the office to transport and even to a household where a domestic worker is employed.

Read Blog: Juvenile Justice Act 2015: Key Provisions & Rights

Section 3: the basic prohibition

Section 3 says plainly: "No woman shall be subjected to sexual harassment at any workplace." It also lists circumstances that may be linked to harassment. These include promising preferential treatment, threatening detrimental treatment, threatening her employment status, interfering with her work or creating a hostile environment, and humiliating treatment that may affect her health or safety.

The Internal Complaints Committee (Section 4)

Every employer must set up an Internal Complaints Committee, called the IC, by a written order. If the workplace has offices at different locations, an IC is required at each unit.

For a quick check in problem questions, look at three things: who presides, how many members, and whether an outside member is present.

The Local Complaints Committee (Sections 6 and 7)

Not every workplace can have an IC. Section 6 provides for a Local Complaints Committee, the LC, set up by the District Officer. It receives complaints from establishments without an IC, those with fewer than ten workers, and complaints against the employer.

The District Officer also designates nodal officers in each block, taluka, tehsil and ward or municipality. They receive complaints and forward them to the LC within seven days. The LC's jurisdiction covers the district where it is constituted.

Under Section 7, the LC has a Chairperson who is an eminent woman in social work, one woman member from the local area, two members from NGOs, at least one of them a woman, and the local officer for women and child development as an ex officio member. Members serve up to three years.

How a complaint moves (Sections 9 to 13)

Making the complaint (Section 9)

An aggrieved woman may make a written complaint to the IC or LC within three months of the incident, or of the last incident in a series. The committee must help her put the complaint in writing if she cannot do so herself. The time limit may be extended by up to three months, with reasons recorded in writing. If she cannot complain because of incapacity or death, a legal heir or a prescribed person may do so.

Conciliation (Section 10)

At the woman's request, the committee may try conciliation before an inquiry begins. Monetary settlements are not allowed as the basis for conciliation. A settlement is recorded and sent to the employer or District Officer, with copies to both parties, and no further inquiry follows.

Inquiry (Section 11)

If the respondent is an employee, the committee inquires under the applicable service rules, or as prescribed if none exist. For domestic workers, the LC forwards the complaint to the police within seven days if a prima facie case exists, for registration under Section 509 of the Indian Penal Code.

The committees have the powers of a civil court to summon witnesses, examine them on oath and require documents. The inquiry "shall be completed within a period of ninety days". Both parties must be heard, and both get a copy of the findings if both are employees.

Interim relief (Section 12)

During the inquiry, on the woman's written request, the committee may recommend transferring either party, or granting her leave of up to three months in addition to her other leave. The employer must carry out the recommendation and report back.

The report and what follows (Section 13)

The committee submits its findings within ten days of completing the inquiry. If the allegation is not proved, no action is recommended. If it is proved, the committee may recommend disciplinary action under the service rules and deduction of compensation from the respondent's salary, as decided under Section 15. If deduction is not possible, the respondent may be directed to pay, and unpaid sums can be recovered as arrears of land revenue. The employer or District Officer must act on the recommendation within sixty days.

False complaints, compensation and confidentiality

Section 14 deals with false or malicious complaints. If a complaint is found to be malicious, knowingly false, or backed by forged documents, the committee may recommend action against the complainant. Failure to prove a complaint is not enough by itself. Malicious intent must be established after a prescribed inquiry. Witnesses who give false evidence or forged documents may also face action.

Section 15 lists the factors for deciding compensation.

•        Mental trauma, pain, suffering and emotional distress.

•        Loss of career opportunity.

•        Medical expenses for physical or psychiatric treatment.

•        The respondent's income and financial status.

•        Whether payment can be made as a lump sum or in instalments.

Section 16 protects confidentiality. The contents of the complaint, the identities of the parties and witnesses, conciliation and inquiry information, the recommendations and the action taken must not be published or disclosed to the public, press or media, even under the Right to Information Act, 2005. Information about the justice delivered may be shared without identifying details. Section 17 imposes a penalty on a person who breaches Section 16, under the applicable service rules or as prescribed.

Appeals (Section 18)

A person aggrieved by recommendations under Sections 13, 14 or 17, or by non-implementation of those recommendations, may appeal to a court or tribunal under the service rules, or in the prescribed manner if there are no rules. The appeal must be filed within ninety days.

What an employer must do (Sections 19 to 22)

Section 19 is the employer's checklist, and it is a favourite for short notes.

•        Provide a safe working environment, including safety from persons who come into contact with the workplace.

•        Display the penal consequences of sexual harassment and the order constituting the IC in a conspicuous place.

•        Organise regular workshops and awareness programmes, and orientation for IC members.

•        Provide facilities for the committees, help secure the attendance of the respondent and witnesses, and supply the information required.

•        Help the woman file a criminal complaint if she chooses, and start action against the perpetrator.

•        Treat sexual harassment as misconduct under the service rules, and monitor timely submission of IC reports.

Section 20 gives the District Officer duties too: to monitor the timely submission of LC reports and to engage NGOs to raise awareness. Section 21 requires each IC and LC to prepare an annual report every calendar year and send it to the employer and the District Officer, who forwards a brief report to the State Government. Section 22 requires employers to include the number of cases filed and their disposal in their annual report, or to inform the District Officer where no report is required.

Join the best online courses for judiciary to master Bare Acts, strengthen legal concepts, practise mock tests, and prepare strategically for your Civil Judge examination. Enroll today!

Penalty (Section 26)

An employer who fails to constitute an IC under Section 4(1), fails to act under Sections 13, 14 or 22, or contravenes or abets other provisions of the Act faces a fine. The Act says the employer "shall be punishable with fine which may extend to fifty thousand rupees". For a repeat offence, the penalty may be twice the punishment for the first conviction, subject to the statutory maximum, and the employer may also lose licences, registrations or approvals required for the business.

Time limits to memorise

Frequently Asked Questions

Q1. What is the full name of the POSH Act?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Q2. Who must set up an Internal Complaints Committee?

Every employer must set up an IC by a written order, at each office or unit if the workplace has offices in different locations, under Section 4.

Q3. How is the IC made up?

A senior woman employee as Presiding Officer, at least two employee members, and one member from an NGO or association, with at least half of the members being women.

Q4. When is a Local Complaints Committee needed?

For establishments without an IC, those with fewer than ten workers, and for complaints against the employer, under Section 6.

Q5. What is the time limit for making a complaint?

Three months from the incident or the last incident in a series, extendable by up to three months with reasons recorded in writing, under Section 9.

Q6. Can the committee settle a matter by conciliation?

Yes, at the woman's request and before inquiry starts, but monetary settlement cannot be the basis, under Section 10.

Q7. How long should the inquiry take?

Ninety days, under Section 11.

Q8. What interim relief can be given?

On the woman's written request, transfer of either party or leave of up to three months, under Section 12.

Q9. Is confidentiality protected?

Yes. Under Section 16, the complaint, identities, proceedings and recommendations must not be published or disclosed, even under the Right to Information Act, 2005.

Q10. What is the penalty for an employer who does not constitute an IC?

A fine that may extend to fifty thousand rupees under Section 26, with higher penalty for repeat offences and possible loss of licences or approvals.

A closing word from Aashayein Judiciary

The POSH Act rewards students who remember committees, time limits and duties. Practise the table of time limits, and revise the employer checklist from Section 19.

Nitesh Sir and the Aashayein Judiciary team teach statutes like the POSH Act with quick tables and problem questions, so that numbers and sections stay in your head. Join our Online Judiciary Coaching to get Judiciary Notes, Judiciary Study Material, PYQ discussion and Mock Test practice for the Civil Judge Exam Preparation, PCS J Exam and APO Exam.