Nirathanka - PoSH Blog

Is it mandatory for employers to submit an annual report on sexual harassment cases to the District Officer under the POSH Act, 2013, even if no complaints were received during the year?

3/14/2025

Yes, it is mandatory for the employer to submit an annual report to the District Officer under the provisions of The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

Legal Basis
1. Section 21 and Section 22 of the POSH Act, 2013:

Under Section 21, the Internal Committee (IC) must submit an annual report to the employer and the District Officer.
Under Section 22, the employer is required to include details about cases of sexual harassment in their organization's annual report. If no organizational annual report is required, the employer must directly intimate the District Officer about:

The number of complaints received.
Their resolution status.

2. Rule 14 of the POSH Rules, 2013: Annual Report Details:

Rule 14 outlines the specific information that the IC or LC must include in their report, which the employer must forward or incorporate in their communication with the District Officer.

Under the POSH Act, 2013, can an aggrieved woman make an oral complaint of sexual harassment to the Internal Committee?

3/14/2025

Under the POSH Act, 2013, the answer to whether an aggrieved woman can make an oral complaint to the Internal Committee is No.

As per Section 9 of the POSH Act, an aggrieved woman must provide a written complaint of sexual harassment to the Internal Committee (IC) or the Local Committee (LC) within three months of the incident, or in the case of a series of incidents, within three months of the last incident.

However, the Act also includes provisions to address situations where a woman is unable to submit a written complaint due to practical difficulties. In such cases, the Presiding Officer or any member of the IC/LC must assist the aggrieved woman in converting her oral account into a written format, ensuring that no woman is denied the opportunity to lodge a complaint.

A female employee has approached the IC, claiming that her manager is creating a hostile work environment by assigning higher targets. Could this be considered workplace harassment under the POSH Act?

3/14/2025

The complaint by the female employee claiming that her manager is creating a hostile work environment by assigning higher targets needs to be analysed under Section 3 of the POSH Act, 2013.

Key Provisions under Section 3 of the POSH Act:
1. Definition of Sexual Harassment:
Section 2 (n) explicitly defines sexual harassment to include any unwelcome acts or behaviour such as:

Physical contact and advances.
Demand or request for sexual favours.
Making sexually coloured remarks.
Showing pornography.
Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

2. Hostile Work Environment in the Context of Sexual Harassment:
The Act extends to situations where a hostile work environment is created due to acts of sexual harassment. For a claim to be valid under the POSH Act, the hostile work environment must stem from behaviour linked to sexual harassment. For instance:

Repeated unwelcome sexual advances that make the workplace intimidating.
Retaliation for refusing sexual favours.
Targeting employees who report or reject inappropriate sexual conduct.

Can an Internal Committee reject a sexual harassment complaint filed by a man under the POSH Act, 2013?

3/14/2025

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was enacted specifically to address the issue of sexual harassment faced by women at workplaces. Its primary aim is to provide a structured mechanism for the prevention and redressal of such incidents, ensuring a safe working environment for women. Consequently, the Act defines clear boundaries regarding its applicability, which excludes complaints of sexual harassment filed by men or individuals who do not identify as women.

Legal Framework of the POSH Act:
1. Mandate of the IC:

As per Section 4(1), every employer is required to constitute an Internal Committee (IC) to handle complaints of sexual harassment.
The IC’s role is aligned with the purpose of the Act, which explicitly focuses on addressing and resolving complaints from women.

2. Definition of 'Aggrieved Woman':

Under Section 2(a), the Act defines an "aggrieved woman" as:

A woman of any age, employed or not, who alleges to have been subjected to sexual harassment in a workplace.
A woman employed in a dwelling house alleging harassment in that setting.

This definition excludes men and individuals of other genders, limiting the IC’s jurisdiction under the Act to complaints by women only.

A Union is asking for representation in the IC Committee. Is this mandatory under the POSH Act, 2013?

3/14/2025

Under the POSH Act, 2013, it is not mandatory to include union office bearers or representatives in the Internal Committee (IC). The Act's intent and structure emphasize that the IC is designed to address sexual harassment issues in a focused and impartial manner, distinct from the functions and objectives of a workers' union. Here is a detailed explanation:

Purpose and Objectives
1. Union's Objective:

A union primarily works to safeguard the rights of workers, focusing on collective bargaining, improving workplace conditions, and addressing grievances related to employment terms.
Their role centers around protecting the workforce as a whole through collective efforts.

2. IC's Objective:

The IC's sole purpose is to prevent sexual harassment, protect women in the workplace, and address complaints of sexual harassment in accordance with the POSH Act, 2013.
Its focus is on fostering a safe workplace environment, free from harassment, and conducting inquiries into individual complaints without collective bargaining.

Does a manager's oral warning to a female employee about demotion for not meeting targets fall under Sexual Harassment under POSH Act, 2013?

3/14/2025

The manager's oral warning to a female employee about demotion for not meeting targets does not fall under the definition of sexual harassment under the POSH Act, 2013. Here's a detailed explanation based on the law:

Analysis under Section 2(n) of the POSH Act
Sexual harassment, as defined under Section 2(n), requires the behaviour to be of a sexual nature, such as:

Physical contact or advances
Demands or requests for sexual favours
Sexually coloured remarks
Showing pornography
Any other conduct of a sexual nature (physical, verbal, or non-verbal).

The oral warning issued by the manager in this case does not include any of these elements. It pertains solely to performance-related issues and lacks any sexual undertones.

Would a consensual relationship with a senior manager, which later turned sour, fall under the scope of the POSH Act, 2013?

3/14/2025

Analysis of the Given Scenario Under the POSH Act, 2013
The Protection of Women from Sexual Harassment (POSH) Act, 2013, primarily aims to protect women from sexual harassment at the workplace and provides a mechanism for prevention, redressal, and resolution of complaints related to sexual harassment.

Key Provisions to Consider
Definition of Sexual Harassment (Section 2(n)):
Sexual harassment includes one or more of the following unwelcome acts or behaviour:

Physical contact and advances.
A demand or request for sexual favors.
Making sexually colored remarks.
Showing pornography.
Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

The term "unwelcome" is central to determining whether an act qualifies as sexual harassment. For behaviour to be classified as sexual harassment under the POSH Act:

Unsolicited or Invited: The behaviour must be neither encouraged nor consented to by the recipient.
Subjective Experience: The perception of the recipient determines whether the act is unwelcome, making it a subjective assessment.
Reaction of the Recipient: If the recipient feels uncomfortable, humiliated, or threatened, the act can be deemed unwelcome.

What is the primary objective of the POSH Act, 2013?

3/14/2025

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) aims to safeguard women from sexual harassment at the workplace. Its objectives stem from the recognition that sexual harassment violates a woman's fundamental rights to equality, dignity and safety, as guaranteed by the Constitution of India.

The Act provides a robust framework for prevention, prohibition, and redressal of complaints of sexual harassment, creating a safe and respectful work environment for women.

Key Objectives in Detail
1. Protection Against Sexual Harassment: The primary goal is to protect women from any unwelcome act or behaviour, whether physical, verbal, or non-verbal, of a sexual nature.

Example: A female employee receiving inappropriate comments or advances from a male colleague during work hours. Under the POSH Act, such behaviour would constitute sexual harassment, and the employer is obligated to address it.

2. Redressal Mechanism: The Act mandates the establishment of Internal Committees (IC) or Local Committees (LC) to provide an accessible and confidential platform for women to voice grievances.

Example: If a woman reports repeated instances of harassment by her supervisor, the IC investigates the matter, ensuring fair treatment and protection from retaliation.

What constitutes a hostile work environment under the POSH Act, 2013, in t sexual harassment?

3/14/2025

A hostile work environment in the context of sexual harassment, as outlined in Section 3(2)(iv) of the POSH Act, 2013, refers to a workplace where unwelcome sexual behaviour, actions, or remarks create an intimidating, offensive, or hostile atmosphere for the woman. This behaviour can interfere with her ability to perform her work, making the workplace uncomfortable or distressing.

Characteristics of a Hostile Work Environment:

Unwelcome Conduct: The behaviour must be unsolicited and unwanted by the victim.
Pervasive or Severe Behaviour: It could be a single, severe incident or a series of smaller, ongoing actions.
Effect on Work: The harassment negatively affects the victim’s ability to do her job or creates a hostile environment that leads to emotional distress.

Examples of a Hostile Work Environment:
1. Sexually Charged Comments or Jokes: Repeated remarks, jokes, or comments that are sexual in nature, such as innuendos, about a woman’s appearance, clothing, or body.

Example: A male colleague regularly makes inappropriate remarks about a female employee's appearance or shares sexually suggestive jokes, making her feel uncomfortable.

How does the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 address quid pro quo sexual harassment?

3/14/2025

Quid Pro Quo in the context of Section 3 of the Sexual Harassment of Women (Prevention, Prohibition, and Redressal) Act, 2013 refers to situations where a woman is subjected to sexual harassment at work in exchange for some benefit or in fear of retaliation. The Latin phrase "quid pro quo" means "something for something" and, in this context, it describes a situation where sexual favours are either demanded in return for employment benefits or are threatened to be withheld if the favours are not provided.

Section 3(2) specifically outlines circumstances that can amount to quid pro quo harassment, with clear examples of how this might happen in the workplace:

Examples:
1. Implied or Explicit Promise of Preferential Treatment in Employment (Section 3(2)(i)):

A manager tells a female employee that if she goes out with him, she will receive a promotion or raise. In this case, the offer of preferential treatment (a promotion or raise) is contingent upon the employee submitting to his sexual advances.
Example: A supervisor offers to give a positive performance review if a female employee agrees to have dinner with him.

Is a sexual harassment complaint valid under the POSH Act, 2013, if it's filed after the manager denied an increment citing poor performance?

3/14/2025

Under the POSH Act, 2013, a complaint of sexual harassment can still be valid even if it arises after an adverse employment decision, such as the denial of an increment due to poor performance, provided that the complaint is related to circumstances outlined in Section 3(2) of the Act. To determine the validity of the complaint, it is crucial to examine whether the adverse decision or the environment was linked to sexual harassment, as described in the law.

Key points from Section 3(2) of the POSH Act, 2013:
1. Preferential or Detrimental Treatment:

If the denial of an increment is perceived as being connected to an act of sexual harassment, such as the manager implicitly or explicitly threatening the employee with detrimental treatment in employment unless they complied with sexual demands, this could amount to sexual harassment under Section 3(2)(ii). The law covers both implicit and explicit threats to employment status or benefits.
For example, if the manager had previously suggested that the employee would receive preferential treatment (e.g., an increment) in exchange for complying with inappropriate advances or behaviours, and then denied the increment due to the employee's refusal, this scenario could be a valid case of sexual harassment.

Under the POSH Act, is it necessary for behaviour to be considered unwelcome by the recipient for it to be classified as sexual harassment?

3/14/2025

In the context of Section 2(n) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), the term "unwelcome" is a critical aspect of defining sexual harassment. It refers to any behaviour, act, or conduct that is not solicited or invited by the recipient and is regarded as offensive or unwanted by them.

Explanation of "Unwelcome"
For an act to be classified as sexual harassment under the POSH Act, the behaviour in question must be unwelcome to the recipient. The key elements are:

Not solicited or invited: The person experiencing the act has not encouraged or consented to the behaviour.
Subjective experience: The feeling of whether the conduct is "unwelcome" depends on the recipient's perception and comfort level. What might seem acceptable to one person could be offensive or distressing to another.
Recipient’s reaction: The behaviour is unwanted by the recipient, and the recipient may feel uncomfortable, humiliated, or threatened by it.

Can a husband file a complaint with the Internal Committee on behalf of his wife under the POSH Act, 2013, in cases of sexual harassment at the workplace?

3/13/2025

Under the provisions of the Sexual Harassment of Women at Workplace Prohibition and Redressal) Act (POSH Act, 2013), a husband can file a sexual harassment complaint on behalf of his wife under specific circumstances. this by breaking down the relevant sections of the Act as below:

1. Who is an Aggrieved Woman?
As per Section 2(a) of the POSH Act:

An "aggrieved woman" refers to:

In a workplace: Any woman, of any age, whether employed alleges to have been subjected to sexual harassment by the respondent.
In a dwelling place or house: A woman employed in such a dwelling place who alleges harassment.

This means that for the purpose of filing a complaint, the woman (in this case, the wife) must have experienced sexual harassment either at her workplace or, if applicable, at a dwelling place where she is employed.

2. Who is the Respondent?
As per Section 2(m), the "respondent" is the person against whom the aggrieved woman (wife) has filed a complaint. This person is the alleged perpetrator of the sexual harassment.

Is a sexual harassment complaint valid if it occurred during a training program outside the workplace, with a colleague?

3/13/2025

Yes, the sexual harassment complaint would be valid if the incident occurred during a training program outside the workplace, provided the following conditions are met:
1. Training Program Sponsored by the Company: If the training program was organized or sponsored by the company and it was part of the employee’s job responsibilities, it falls under the "course of employment." This means that even though the incident happened outside the physical office, the location qualifies as a workplace under Section 2(o)(iv) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Does a company with 100 employees but no female staff still need to form an Internal Committee under the POSH Act, 2013?

3/13/2025

Yes, even if a company has no female employees, it is still required to form an Internal Committee (IC) under the POSH Act, 2013. This is because the act is designed to protect all women who may visit or engage with the workplace, not just employees. Here's why:
1. Scope of the Act: The POSH Act is aimed at preventing and addressing sexual harassment against women in the workplace, as highlighted in the preamble of the act. The protection is not limited to female employees; it extends to any woman who may visit the workplace, whether as a client, vendor, or any other role.
2. Definition of 'Aggrieved Woman': Section 2(a) defines an 'aggrieved woman' as someone who alleges sexual harassment, regardless of whether she is employed by the organization. This includes any woman of any age who comes into contact with the workplace, reinforcing that the act covers women beyond the company's employees.

Is having a single Internal Committee (IC) for 3 offices with 20+ employees each in Bangalore compliant under the POSH Act?

3/13/2025

Under the POSH Act, 2013, having a single Internal Committee (IC) for three offices in Bangalore, each with 20+ employees, would not be compliant with the law. Here's why:

1. Definition of Workplace (Section 2(o)(ii) of the POSH Act):
The definition of a “workplace” under the POSH Act is quite broad and includes not just the main office but any branch, unit, or location where employees carry out the company’s business. This section defines a workplace as:

Any private sector organization engaged in commercial, professional, vocational, industrial, health, or financial activities, etc.
Each location or office of the company, especially if it's located in different places, is regarded as a separate workplace.

In this scenario, the company has three offices in Bangalore, each with more than 20 employees. Under this definition, each office is treated as a distinct workplace. The fact that they are all within the same city doesn't matter; what matters is that they are separate physical locations.

Can an external member of the Internal Committee under the POSH Act, 2013 be a lawyer not associated with an NGO?

3/13/2025

Yes, an external member of the Internal Committee under the Sexual Harassment Workplace (Prevention, Prohibition, and Redressal) Act, 2013 [POSH Act, 2013] can be a lawyer, even if they are not associated with a Non-Governmental Organization, provided they meet the required criteria outlined in the law.

1. POSH Act, 2013 - Provisions Related to External Members
The POSH Act, 2013 requires that every organization with more than 10 employees establish an Internal Committee to address complaints of sexual harassment. The Internal Committee must consist of:

A presiding officer who is a senior female employee.
Two members from the organization’s employees, preferably from different departments.
An external member, who is required to have expertise in issues related to sexual harassment, women’s rights, or gender equality.

While the law explicitly mentions that the external member should ideally be someone from an NGO or an association committed to women’s causes, it does not preclude a lawyer from serving in this capacity, provided they fulfill the necessary criteria.

Can the external member of the Internal Committee (IC) under the POSH Act, 2013 continue to serve in the committee for more than 3 years?

3/13/2025

The external member of the Internal Committee (IC) constituted under the POSH Act, 2013, can continue to serve on the committee for more than 3 years, but not continuously without reappointment. Let's break down the answer in detail:

Legal Provision (Section 4(3) of the POSH Act, 2013):
Section 4(3) of the POSH Act states that the Presiding Officer and every member of the Internal Committee, including the external member, shall hold office for a term not exceeding three years from the date of their nomination. This tenure limit applies equally to all members, whether internal employees or the external member from a non-governmental organization (NGO) or someone experienced in issues related to sexual harassment.

Tenure Limit:

The external member can serve on the IC for a maximum of three years per appointment.
However, the act does not prohibit the reappointment of the same member after the completion of their initial three-year term. This means that the external member can be reengaged for another term of three years or for shorter durations as specified by the employer, provided they are re-nominated after their first tenure ends.

Explain the constitution and composition of the Internal Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

3/13/2025

Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (commonly referred to as the POSH Act,
2013) focuses on the Constitution of the Internal Committee (IC), which is a mandatory body for employers to establish in every workplace for addressing complaints related to sexual harassment.

Subsection (1): Mandatory Formation of the IC

Every employer is required to form an Internal Committee by issuing a formal written order.
If the workplace has multiple offices or administrative units at different locations (such as branch offices or divisional units), a separate IC must be constituted for each of these locations. This ensures that employees in different locations have easy access to the IC, rather than relying on a centralized body at the main office.

Can a woman file a sexual harassment complaint against another woman under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013?

3/13/2025

Yes, a woman can file a sexual harassment complaint against another woman under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Legal Basis:
Definition of Aggrieved Woman (Section 2(a))

The Act defines an "aggrieved woman" as any woman who alleges to have been subjected to sexual harassment at the workplace, regardless of her employment status.
There is no restriction on the gender of the respondent in this definition.

Definition of Sexual Harassment (Section 2(n))

The Act provides an inclusive definition of sexual harassment, covering unwelcome physical, verbal, and non-verbal conduct of a sexual nature.
This definition does not specify that the respondent must be male.

Is an Internal Committee's inquiry valid or invalid under the POSH Act, 2013, if the respondent is not given a copy of the complaint?

3/10/2025

Yes, an Internal Committee's (IC) inquiry under the POSH Act, 2013, would be invalid if the respondent is not given a copy of the complaint. This is based on the principles of natural justice and the statutory provisions of the Act and Rules.

Legal Basis for the Requirement
1. Rule 7(2) of the POSH Rules, 2013:
It explicitly states that upon receiving the complaint, the Complaints Committee (IC or LC) must send a copy to the respondent within seven working days.

2. Rule 7(3) of the POSH Rules, 2013:
The respondent is required to file a reply along with supporting documents, list of witnesses, etc., within ten working days from the receipt of the complaint.

3. Section 11(1) of the POSH Act, 2013:
The inquiry must follow the service rules applicable to the respondent, or in the absence of such rules, follow prescribed procedures.

4. Section 11(3) of the POSH Act, 2013:
The IC has powers akin to a civil court for summoning, enforcing attendance, and requiring discovery and production of documents.

5. Rule 7(4) of the POSH Rules, 2013:
The inquiry must be conducted in accordance with the principles of natural justice. Denying the respondent a copy of the complaint violates the right to a fair hearing.

Unwelcome Acts or Words Making Women Uncomfortable at Work Constitute Sexual Harassment: Madras High Court

1/23/2025

The Madras High Court has firmly held that any unwelcome actions or words causing discomfort to women at the workplace constitute sexual harassment under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act). Justice R.N. Manjula, delivering the judgment, quashed a Labour Court order that had set aside findings of an Internal Complaints Committee (ICC) in a case involving complaints of sexual harassment in a corporate environment.

Background of the Case
The case involved allegations of inappropriate behavior by a senior employee against multiple female colleagues. Complaints included unwelcome physical gestures, intrusive questions, and remarks that caused the complainants discomfort and embarrassment. The allegations were investigated by the ICC, which found that the accused had violated workplace conduct standards and recommended several corrective measures, including:
1. Issuing a final warning.
2. Removing the accused from supervisory roles.
3. Limiting his assignments to domestic locations.
4. Suspending pay raises and related benefits for two years.

For more details kindly click the below link:
https://lawtrend.in/unwelcome-acts-or-words-making-women-uncomfortable-at-work-constitute-sexual-harassment-madras-high-court/

Courtesy:
Law Trend
23 January 2025

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AIIMS Delhi female security guard accuses CSO of sexual harassment, probe ordered

10/22/2024

According to sources, the female guard has alleged that the chief security officer sexually harassed her and hurled casteist remarks when she went to meet him regarding her duty roster.

Representative image where the words 'Stop violence against women' can be seen Credit: iStock Photo New Delhi: A female guard at AIIMS-Delhi has accused its chief security officer of sexual harassment and caste discrimination, prompting the premier medical institute to initiate a probe into the allegations.

Ola driver is employee, POSH Act applicable: Karnataka High Court on Sexual Harassment Case

10/2/2024

The petitioner woman had questioned the stand taken by the Internal Complaint Committee (ICC) of ANI Technologies Pvt. Ltd (Ola) not taking action against the driver as laid down under the PoSH Act.

Bengaluru: In a significant judgment, the Karnataka High Court has held that under the provisions of the Sexual Harassment of Women at Work place (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act), a driver-subscriber is an ‘employee’ of the transport aggregator, Ola in the instant case.

Justice M G S Kamal passed this order while partly allowing the petition filed by a Bengaluru woman, who was harassed by a driver under the Ola platform.

The petitioner woman had questioned the stand taken by the Internal Complaint Committee (ICC) oof ANI Technologies Pvt. Ltd (Ola) not taking action against the driver as laid down under the PoSH Act.

Tamil Nadu colleges told to ensure POSH compliance, end drug menace

9/25/2024

Speaking to TNIE, a top official said that the two issues of tackling sexual harassment and drug menace were discussed in detail in a meeting chaired by Chief Secretary N Muruganandam.

CHENNAI: The Tamil Nadu government on Monday directed all higher education institutes to ensure compliance under the Prevention of Sexual Harassment (POSH) Act and take proactive measures to tackle drug menace on campuses.

The instructions were given during a meeting chaired by Chief Secretary N Muruganandam, in the presence of DGP Shankar Jiwal, other senior police officers and secretaries of various departments, in the wake of the raids by Tambaram police on apartments near a private college in Potheri on Saturday, the sexual harassment incident at NIT-Tiruchy last week, and the child sexual abuse cases at a fake NCC camp in Krishnagiri district last month.

Speaking to TNIE, a top official said that the two issues of tackling sexual harassment and drug menace were discussed in detail.

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Prevention of Sexual Harassment at Workplace (PoSH)

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