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

Flashcards covering the legal framework, history, definitions, and procedural requirements of the Sexual Harassment of Women at Workplace Act, 2013.

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

The main legislation in India aimed at preventing and protecting women against workplace sexual harassment and ensuring effective redressal of complaints.

Vishaka v. State of Rajasthan, 1997

The landmark Supreme Court case that first recognized workplace sexual harassment as a human rights violation and established guidelines to operate until suitable legislation was enacted.

Bhanwari Devi

A dalit woman whose 1992 gang rape while preventing a child marriage exposed the daily risks faced by working women and led to the Vishaka judgment.

CEDAW

The Convention on the Elimination of All Forms of Discrimination against Women (1979), an international treaty ratified by India on 25 June 1993, which the POSH Act gives effect to.

Physical contact is NOT necessary

The important ruling from Apparel Export Promotion Council v. A.K. Chopra (1999) that expanded the meaning of sexual harassment.

Quid Pro Quo

A form of workplace sexual harassment meaning 'this for that,' involving promises of preferential treatment or threats of detrimental treatment regarding employment in exchange for sexual favors.

Hostile Work Environment

A form of harassment characterized by creating an intimidating, offensive, or humiliating environment that interferes with work performance or impacts health and safety.

Aggrieved woman (Section 2(a))

Any woman of any age, whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent in a workplace or dwelling house.

Domestic worker (Section 2(e))

A woman employed for household work in any household for remuneration in cash or kind, excluding any family member of the employer.

Employer (Section 2(g))

Any person responsible for the management, supervision, and control of the workplace, or the head of a government department or organization.

Respondent (Section 2(m))

The person against whom the aggrieved woman files a complaint of sexual harassment.

Workplace (Section 2(o))

A broad definition including government and private organizations, hospitals, sports venues, dwelling houses, and any place visited by an employee during the course of employment, including transportation.

Saurabh Kumar Mallick v. Comptroller & Auditor General of India

A case where the Delhi High Court held that 'workplace' cannot be narrowly interpreted to mean only a physical office and included an official mess where an officer resided.

Internal Complaints Committee (ICC)

A committee that must be set up by an employer at every office or branch with 10 or more employees to redress complaints of sexual harassment.

Local Complaints Committee (LCC)

A committee constituted at the district level to receive complaints from the unorganized sector, establishments with less than 10 workers, or when the complaint is against the employer.

Nodal Officer

An official designated in every block, taluka, or municipality to receive complaints and forward them to the Local Committee within 7 days.

District Officer (Section 5)

An officer, such as a District Magistrate or Collector, notified by the government to exercise powers and functions under the Act at the district level.

Section 9 (Complaint Timeline)

Specifies that a written complaint must be filed within 3 months of the incident, or within 3 months of the last incident in a series.

Conciliation (Section 10)

A voluntary process where the IC or LC, at the request of the aggrieved woman, attempts to settle the matter without any monetary settlement as a basis.

90 days

The maximum time limit within which an inquiry by the ICC or LCC must be completed.

Intellectual Relief (Section 12)

Includes recommendations such as transferring the woman/respondent or granting up to 3 months of leave during the pendency of an inquiry.

60 days

The time period within which an employer or District Officer must act on the recommendations of the IC or LC report.

Section 16

The provision that prohibits the disclosure of the identity of the complainant, respondent, and witnesses, as well as the contents of the complaint and inquiry proceedings to the public or press.

90 days (Appeal)

The time limit for an aggrieved person to file an appeal against recommendations or non-implementation of recommendations under Section 18.

Section 26 Penalty

A fine of up to $₹50,000$ imposed on an employer for failing to constitute an ICC or failing to take action under the Act.

Non-cognizable offense

Under Section 27, all offences under the POSH Act are those where an arrest cannot be made without a warrant.