A curated selection of the POSH Act's most-used provisions — the Internal Committee, complaint procedure, employer duties, and penalties. Not the complete text; verify against India Code before citing.
Provided for study purposes. Cross-check against the official source (India Code / the relevant government gazette) before citing or relying on this text — amendments and corrections may not be reflected here.
"Aggrieved woman" means, in relation to a workplace, a woman, of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent.
"Sexual harassment" includes any one or more of the following unwelcome acts or behaviour, whether directly or by implication — physical contact and advances; a demand or request for sexual favours; making sexually coloured remarks; showing pornography; or any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
"Workplace" includes any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit; hospitals or nursing homes; sports institutes, stadiums or complexes; any place visited by the employee arising out of or during the course of employment, including transportation provided by the employer for undertaking such journey; and a dwelling place or house.
No woman shall be subjected to sexual harassment at any workplace. Circumstances which may amount to sexual harassment include an implied or explicit promise of preferential treatment in employment, an implied or explicit threat of detrimental treatment, an implied or explicit threat about her present or future employment status, interference with her work or the creation of an intimidating, offensive or hostile work environment, and humiliating treatment likely to affect her health or safety.
Every employer of a workplace shall constitute a committee to be known as the Internal Committee, at every office or branch with ten or more employees, comprising a Presiding Officer who is a woman employed at a senior level; not less than two members from amongst employees committed to the cause of women; and one member from a non-governmental organisation familiar with issues relating to sexual harassment.
Every District Officer shall constitute a Local Committee to receive complaints of sexual harassment from establishments where the Internal Committee has not been constituted on account of having fewer than ten workers, or where the complaint is against the employer.
Every District Officer shall constitute a Local Committee in the district to receive complaints of sexual harassment from establishments where an Internal Committee has not been constituted because the establishment has fewer than ten workers, or where the complaint is against the employer themselves.
Any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the Internal Committee or the Local Committee, within a period of three months from the date of the incident, and in case of a series of incidents, within a period of three months from the date of the last incident. The Committee may, for reasons to be recorded in writing, extend the time limit by a further period not exceeding three months.
The Internal Committee or the Local Committee may, before initiating an inquiry and at the request of the aggrieved woman, take steps to settle the matter between her and the respondent through conciliation, provided that no monetary settlement shall be made as a basis of conciliation.
The Internal Committee or the Local Committee shall proceed to make inquiry into the complaint in accordance with the service rules applicable to the respondent, and where no such rules exist, in such manner as may be prescribed; where the complainant informs the Committee that any term of a settlement arrived at through conciliation has not been complied with, the Committee shall proceed to make an inquiry.
During the pendency of an inquiry, on a written request of the aggrieved woman, the Internal Committee or the Local Committee may recommend to the employer to transfer the aggrieved woman or the respondent to any other workplace, grant leave to the aggrieved woman up to a period of three months in addition to leave otherwise entitled, or grant such other relief as may be prescribed.
On completion of an inquiry, the Committee shall provide a report of its findings to the employer or the District Officer within ten days, and such report shall be made available to the concerned parties. Where the allegation against the respondent has been proved, the Committee shall recommend action in accordance with the service rules, or where no such rules exist, in such manner as may be prescribed.
Where the Internal Committee or the Local Committee arrives at a conclusion that the allegation against the respondent is malicious, or the aggrieved woman has made the complaint knowing it to be false, or has produced any forged or misleading document, it may recommend action against the woman making the complaint, provided that a mere inability to substantiate a complaint or provide adequate proof need not attract action under this section.
In determining the sums to be paid to the aggrieved woman, the Internal or Local Committee shall have regard to the mental trauma, pain, suffering and emotional distress caused; the loss in career opportunity; the medical expenses incurred for physical or psychiatric treatment; the income and financial status of the respondent; and the feasibility of payment in a lump sum or in instalments.
The contents of the complaint, the identity and addresses of the aggrieved woman, the respondent and witnesses, any information relating to conciliation and inquiry proceedings, and the recommendations and action taken shall not be published, communicated or made known to the public, press or media in any manner.
Any person aggrieved by the recommendations of the Internal or Local Committee, or by non-implementation of those recommendations, may prefer an appeal to the court or tribunal in accordance with the service rules, or where no service rules exist, as may be prescribed. The appeal must be preferred within ninety days of the recommendations.
Every employer shall provide a safe working environment; display the consequences of sexual harassment and the composition of the Internal Committee at a conspicuous place; organise workshops and awareness programmes; provide necessary facilities to the Internal or Local Committee for dealing with the complaint; assist in securing the attendance of the respondent and witnesses; and, where required, assist the woman if she chooses to file a complaint under the Indian Penal Code or any other law.
The Internal Committee or the Local Committee shall, in each calendar year, prepare an annual report in the prescribed form and submit it to the employer and the District Officer. The District Officer shall forward a brief report on the annual reports received to the State Government.
Where an employer fails to constitute an Internal Committee, or fails to act upon the recommendations of the Committee, or contravenes any other provision of this Act or rules made thereunder, they shall be punishable with fine which may extend to fifty thousand rupees. On a second or subsequent such offence, the employer shall be liable for higher penalty, cancellation or non-renewal of any licence or registration required for carrying on business or activity.
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