THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE

(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013

CHAPTER I

PRELIMINARY

OUESTION

ANSWER

What is the short title of the Act referred to in Section 1?

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

The provisions of the Act extend to?

The whole of India

What is the Act No. of the POSH Act?

ACT NO. 14 OF 2013

What is the objective of the POSH Act as stated in its preamble?

To provide a legal framework for the prevention and redressal of sexual harassment at the workplace

When did the POSH Act come into force?

9th December, 2013

To which establishments the POSH Act applies?

All workplaces, including government, private, and non-governmental organizations

The Act was enacted in response to which landmark judgment of the Supreme Court?

Vishaka guidelines laid down in Vishaka v. State of Rajasthan, (1997) 6 SCC 241.

What the Supreme Court held that in Vishaka v. State of Rajasthan?

Guidelines were necessary due to the absence of legislation

Which Article of the Constitution was primarily invoked in Vishaka v. State of Rajasthan to protect women at the workplace?

The Court relied on Articles 14 (equality), 15 (non-discrimination), and 21 (right to life and dignity).

Which case law reiterated the need for strict implementation of the 2013 Act?

Medha Kotwal Lele & Ors vs U.O.I. & Ors on 19 October, 2012

When the POSH Act got the assent of the President?

22nd April, 2013

In the case of Apparel Export Promotion Council v. A.K. Chopra (1999), what was the Supreme Court's significant observation regarding sexual harassment?

Sexual harassment can occur even without physical contact

What is not considered a form of sexual harassment as defined under the PoSH Act?

Offering promotions in exchange for sexual favors

Who is responsible for constituting an Internal Complaints Committee (ICC) under the POSH Act?

The employer

In the case of Malabika Bhattacharjee v. Vivekananda College, what did the Calcutta High Court rule regarding complaints under the POSH Act?

Complaints can be filed against both male and female employees

In the case of Dr. Supraja v. State Represented (Madras High Court), what did the court direct regarding the implementation of the POSH Act?

The Act should be implemented strictly

Which provision deal with “Definitions”?

Sec 2

What does the term 'aggrieved woman' defines in relation to a workplace?

a woman,

What does the term 'aggrieved woman' defines in relation to dwelling place or house?

a woman

A woman working as a part-time yoga trainer at a gym alleges harassment by a client. Is she covered under “aggrieved woman”?

Yes, because she is a woman at a workplace

Which provision deal with “appropriate Government”?

Sec 2(b)

 What does the term “appropriate Government” defines in relation to a workplace which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly?

by the Central Government or the Union territory administration,

The Central Government

by the State Government,

The State Government

What does the term “appropriate Government” defines in relation to any workplace not covered under sub-clause 2(b) (i) and falling within its territory?

The State Government

What are the examples which fall under the definition of “appropriate Government” as per Section 2(b)?

State Government for private firms

Central Government for Union Territories

Central Government for PSU Banks

A college receives 70% of its funding from the Central Government. Who is the “appropriate Government” under Section 2(b)?

Central Government

Which provision defines “Chairperson”?

Sec 2(c )

Under Section 2(c) of the Sexual Harassment of Women at Workplace Act, 2013, the term "Chairperson" refers to:

Chairperson of the Local Complaints Committee nominated under sub-section (1) of section 7

In the case of Bhawana Sharma v. State of Punjab & Ors. (2020), what did the Punjab and Haryana High Court emphasize regarding the LCC Chairperson?

Should be a woman committed to women's causes

Which provision defines “District Officer”?

Sec 2(d)

Under Section 2(d) of the Sexual Harassment Act, 2013, the “District Officer” is responsible for?

Exercising powers or discharging functions under the Act

Which provision defines “domestic worker”?

Sec 2(e )

What correctly defines a "domestic worker" under Section 2(e) of the Act?

a woman who is employed to do the household work in any household for remuneration whether in cash or kind

What is the nature of employment covered under the term “domestic worker” as per Section 2(e)?

Temporary, permanent, part-time or full-time with remuneration

A woman employed by a household through a placement agency to do cooking and cleaning can be classified as?

Domestic worker under Section 2(e)

Which legal principle is illustrated in including domestic workers under the POSH Act?

Right to equality and dignity at the workplace

Which provision deal with “employee”?

Sec 2(f)

What best reflects the scope of the definition of "employee" under Section 2(f)?

All workers, whether paid or unpaid, formal or informal

The term “employee” under Section 2(f) includes persons working?

On voluntary basis or otherwise

Section 2(f) of the 2013 Act includes workers employed?

Directly or indirectly through agents, with or without knowledge of employer

Can a woman working as an intern without remuneration claim protection under the POSH Act?

Yes, unpaid interns are covered

What does the term “employee” also includes?

co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name

Which provision deal with “employer”?

Sec 2(g)

Under Section 2(g) (i) of the POSH Act, 2013, who is considered an “employer” in a government department?

The head of the department or officer specified by the government

In a private company, who is deemed the "employer" under Section 2(g) of the POSH Act?

Any person responsible for management, supervision, and control

Why a principal of a private college is considered an “employer” under POSH Act?

Because the principal handles day-to-day management

Who is considered as an employer in relation to workplace covered under sub-clauses (i) and (ii) of sec 2(g)?

the person discharging contractual obligations with respect to his or her employees

Which provision deal with “Internal Committee”?

Sec 2(h)

Which section of the POSH Act mandates the constitution of the Internal Committee?

Section 4

Which provision deal with “Local Committee”?

Sec 2(i)

Under Section 2(i) of the Sexual Harassment of Women at Workplace Act, 2013, a “Local Committee” is constituted under which section of the Act?

Section 6

Which provision deal with “Member”?

Sec 2(j)

Under Section 2(j) of the Sexual Harassment Act, 2013, who is referred to as a “member”?

A person appointed in the Internal or Local Committee

Which provision deal with “prescribed”?

Sec 2(k)

What does the term “prescribed” means?

prescribed by rules made under this Act

Which provision deal with “Presiding Officer”?

Sec 2(l)

Which committee is headed by the “Presiding Officer” as per Section 2(l) of the Act?

Internal Complaints Committee

Which provision deal with “Respondent”?

Sec 2(m)

Under Section 2(m) of the Sexual Harassment of Women at Workplace Act, 2013, who is termed as the “respondent”?

The person against whom a complaint has been made under Section 9

A complaint under Section 9 of the Act is filed by a woman against her supervisor. Who will be termed as “respondent” under the Act?

The supervisor

Can a woman be considered a “respondent” under the POSH Act?

The Act does not restrict “respondent” by gender; a woman can be a respondent.

Which provision deal with the term “sexual harassment”?

Sec 2(n)

According to Section 2(n) of the Act, what are included as an act of “sexual harassment”?

physical contact and advances; or

a demand or request for sexual favours; or

making sexually coloured remarks; or

showing pornography; or

Section 2(n) uses the phrase “unwelcome” conduct. In context, “unwelcome” implies?

That the conduct is subjectively perceived as offensive by the victim

The phrase “verbal or non-verbal conduct of sexual nature” in Section 2(n) includes?

Lewd jokes and sexually suggestive gestures

Which provision deal with the term “workplace”?

Sec 2(o)

As per Section 2(o), a workplace includes?

Any virtual space where employees interact professionally

A domestic worker is harassed in the employer’s private house. Is it a workplace under Section 2(o)?

Yes, dwelling houses are expressly included

Can a woman employee file a complaint for harassment that occurred during an outstation conference?

Yes, since it is a place visited during the course of employment

Under Section 2(o), what constitutes a 'workplace'?

Any place visited by an employee arising out of or during the course of employment

In the context of the POSH Act, the term "workplace" includes?

Educational institutions

Hospitals and nursing homes

Places visited during business trips

Which provision deal with the term “unorganised sector”?

Sec 2(p)

What correctly defines the "unorganised sector" under Section 2(p) of the POSH Act, 2013?

Enterprises employing less than ten workers and owned by individuals or self-employed persons

What does the term “unorganised sector” in relation to a workplace means?

an enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or providing service of any kind

Which provision deal with “Prevention of sexual harassment”?

Sec 3

What does Section 3(1) of the Act prohibit?

Sexual harassment of a woman at any workplace

According to Section 3 of the POSH Act, what must be “implied or explicit” for a situation to qualify as sexual harassment?

Conditions of sexual harassment

What are the factors that determine a hostile work environment under Section 3(2)?

Gender-based teasing

Sexually coloured remarks

What is the primary objective of Section 3 of the POSH Act, 2013?

To prevent sexual harassment at the workplace

Whether Making derogatory jokes in private gatherings considered an act of sexual harassment under Section 3(2)?

No

CHAPTER II

CONSTITUTION OF INTERNAL COMPLAINTS COMMITTEE

Which provision deal with “Constitution of Internal Complaints Committee”?

Sec 4

Under Section 4(1) of the POSH Act, who is responsible for constituting the Internal Complaints Committee (ICC) at a workplace?

The Employer

According to Section 4(2) of the POSH Act, who should be the Presiding Officer of the Internal Complaints Committee?

A woman employed at a senior level at the workplace

If a senior-level woman employee is not available at a workplace, who can be nominated as the Presiding Officer of the ICC?

A woman from another workplace or administrative unit of the employer

How many members from the employees should be part of the Internal Complaints Committee, as per Section 4(2)(b)?

At least two

What qualifications should the members from amongst employees possess, according to Section 4(2)(b)?

Preferably committed to the cause of women or have experience in social work or legal knowledge

Who can be the third member of the Internal Complaints Committee, as per Section 4(2)(c)?

A member from a non-governmental organization or association committed to the cause of women

What is the minimum number of women members required in the Internal Complaints Committee, as per Section 4(2)?

One -Half of the total members

The Internal Complaints Committee must include at least one member from?

Non-Governmental Organization (NGO) or association committed to women's cause

What is the term of office of the members of the Internal Complaints Committee?

not exceeding three years, from the date of their nomination

When the Presiding Officer or any Member of the Internal Committee be removed from the Committee?

contravenes the provisions of section 16

convicted for an offence or an inquiry

found guilty in any disciplinary proceedings

abused his position

Which provision deal with “Notification of District Officer”?

Sec 5

Under Section 5 of the Sexual Harassment of Women at Workplace Act, 2013, who can be notified as a District Officer?

 District Magistrate

Additional District Magistrate,

Collector, or

Deputy Collector

Who has the authority to notify the District Officer under Section 5 of the Act?

The appropriate Government

Under Section 5 of the POSH Act, which Government is referred to as the "appropriate Government"?

The government having administrative control over the workplace

Is the appointment of a District Officer under Section 5 mandatory?

Optional, based on the availability of officers (The language used is “may notify)

What is the primary responsibility of the District Officer under Section 5 of the POSH Act, 2013?

To monitor the constitution of Local Committees (LCs)

In which case law was the role of District Officer under Section 5 of the POSH Act discussed?

Medha Kotwal Lele v. Union of India (2013)

What is the primarily responsibility of the District Officer under Section 5?

Supervising the functioning of Local Committees

In which case did the Supreme Court emphasize the pivotal role of the District Officer in the implementation of the POSH Act?

"We The Women Of India vs Union Of India (2023)"

What is the role of the District Officer concerning the She-Box portal?

To monitor and facilitate the use of the She-Box portal for filing complaints

Which provision deal with “Constitution and jurisdiction of Local Committee”?

Sec 6

Under Section 6(1) of the POSH Act, 2013, who is responsible for constituting the Local Complaints Committee?

The District Officer

In which scenario would a complaint of sexual harassment be addressed by the Local Complaints Committee instead of the Internal Complaints Committee?

The establishment has less than ten workers.

Which case emphasized that both ICC and LC must act independently and without bias?

Nisha Priya Bhatia v. Union of India
Explanation: The SC held that fairness and natural justice apply to both ICC and LC inquiries.

What is the primary jurisdictional limitation of the Local Complaints Committee as per Section 6(3)?

Its jurisdiction extends to the areas of the district where it is constituted.

Who is responsible for designating nodal officers in every block, taluka, tehsil, ward, or municipality to receive complaints and forward the same to the concerned Local Complaints Committee?

The District Officer

Within how many days the District Officer designate nodal officers to receive complaints and forward the same to the concerned Local Complaints Committee?

Within a period of 7 days

Which provision deal with “Composition, tenure and other terms and conditions of Local Committee”?

Sec 7

Under Section 7(1) of the Sexual Harassment Act, 2013, who is responsible for constituting the Local Committee (LC)?

District Officer

What is the maximum tenure for which the Chairperson and members of the Local Complaints Committee can hold office?

Three years

According to Section 7(3) of the POSH Act, under what circumstances can a Chairperson or member of the Local Complaints Committee be removed from office?

contravenes the provisions of section 16

has so abused his position

What is the role of the concerned officer dealing with social welfare or women and child development in the district concerning the Local Complaints Committee?

To serve as a member ex officio of the Committee.

The member appointed from NGO background in the Local Committee must have:

Experience in social work or legal knowledge

How many members constitute the Local Complaints Committee as per Section 7(1)?

Five members:

a Chairperson,

one Member from the local administration,

an ex-officio member

What is the entitlement of the Chairperson and members of the Local Complaints Committee other than the members nominated under clauses (b) and (d) of sub-section (1) of section 7?

Fees or allowances for holding the proceedings of the Local Committee

What is the requirement for at least one of the two members nominated from non-governmental organizations or associations concerning their community background?

Belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, or a minority community

Which provision deal with “Grants and audit”?

Sec 8

Under Section 8(1) of the POSH Act, who is authorized to make grants to the State Government for the payment of fees or allowances?

The Central Government

What is the purpose of grants provided under Section 8?

For payment of fees and allowances to members of Local Committee

According to Section 8(2), what is the State Government permitted to do with the grants received under Section 8(1)?

Set up an agency to manage the funds

According to Section 8(3), Who is responsible for paying the fees or allowances referred to in sub-section (4) of Section 7?

The agency set up by the State Government

Section 8(4) mandates that the accounts of the agency shall be maintained and audited in consultation with whom?

The Accountant General of the State

What must the person holding the custody of the agency's accounts furnish to the State Government, as per Section 8(4)?

An audited copy of accounts with the auditor's report

In the case of ‘We The Women of India vs. Union of India (2023)’, what was emphasized regarding the role of the District Officer?

They must ensure compliance with the POSH Act and maintain data on cases

CHAPTER IV

COMPLAINT

Which provision deal with “Complaint of sexual harassment”?

Sec 9

Under Section 9(1) of the POSH Act what is the time limit where a woman can file a written complaint of sexual harassment?

One year from the date of incident ( after amendment of 2024)

In exceptional circumstances, how much additional time can the Internal Complaints Committee (ICC) extend for filing a complaint under Section 9(1)?

extend the time limit as they are satisfied

Under Section 9 of the Sexual Harassment Act, 2013, a complaint of sexual harassment should be made:

In writing

In what circumstances may the time limit under Section 9 for filing a complaint be extended?

If there are sufficient reasons for delay

Who is authorized under Section 9 to file a complaint on behalf of an aggrieved woman if she is unable to do so?

her legal heir or such other person as may be prescribed

To whom under Section 9, a complaint may be made?

Internal Complaints Committee

In the absence of an Internal Complaints Committee, the complaint shall be made to?

Local Complaints Committee (LCC)

In what cases section 9 permits a complaint by the legal heir of the aggrieved woman?

If she is mentally incapacitated or

If she is dead

By which Amendment Act section 10 is omitted?

the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Amendment Act, 2024

Which provision deal with “Inquiry into complaint”?

Sec 11

Under Section 11 of the Sexual Harassment of Women at Workplace Act, 2013, if the respondent is an employee, the Internal Committee shall proceed to make an inquiry in accordance with?

The service rules applicable to the respondent

What does the Internal Committee follow where no service rules exist?

Follow prescribed manner as may be provided

If both parties to the complaint are employees, the Internal Committee shall?

Make an inquiry as per the service rules

Who conducts the inquiry when the respondent is an employee?

Internal Committee or Local Committee

If a prima facie case is made out under Section 11(1), which law is referred to for registration of an FIR?

Indian Penal Code, 1860 now The Bharatiya Nyaya Sanhita, 2023

Under Section 11(2), if the aggrieved woman so desires, the complaint may also be treated as?

A police complaint under IPC/BNS

As per Section 11(1), who must forward the complaint to the police if the act alleged amounts to an offence?

Internal Committee / Local Committee

If the allegations do NOT constitute an offence under IPC, the Internal Committee shall?

Conduct inquiry as per Service Rules

During an inquiry under Section 11, principles of which doctrine must be observed?

Audi Alteram Partem

If service rules are absent, the inquiry under Section 11 shall be conducted in accordance with:

Principles of Natural Justice

What happens if the respondent fails to appear before the Internal Committee despite repeated notices?

Inquiry ex-parte

To whom After completion of inquiry, the report shall be made available?

To both parties

What is the Time limit for completing the inquiry under Section 11?

90 days

In case of a criminal offence being established prima facie, what is the role of the Internal Committee?

Forward the complaint to police

Which case ruled that Internal Committee proceedings must adhere to natural justice even if service rules are silent?

Apparel Export Promotion Council v. A.K. Chopra

Within how many days in case of a domestic worker, the Local Committee shall, if prima facie case exist, forward the complaint to the police?

within a period of seven days for registering the case

For the purpose of making an inquiry the Internal Committee or the Local Committee, as the case may be, shall have the same powers as?

as are vested in a civil court the Code of Civil Procedure, 1908 (5 of 1908)

What are the powers the Internal Committee or the Local Committee has for the purpose of making an inquiry?

summoning and enforcing the attendance of any person and examining him on oath;

requiring the discovery and production of documents; and

any other matter which may be prescribed.

Which case stressed that the Local Committee's findings are quasi-judicial and hence reviewable under writ jurisdiction?

Saurabh Kumar Mallick v. Comptroller & Auditor General of India

Which case discussed retaliation against the complainant as workplace harassment?

Priya Ramani v. M.J. Akbar

Can an Internal Committee impose direct criminal penalties under Section 11?

No

Who bears the burden of proof during an inquiry under Section 11?

Complainant

During inquiry under Section 11, can cross-examination of the complainant be insisted upon?

Only if necessary to ensure fair hearing

CHAPTER V

INQUIRY INTO COMPLAINT

Which provision deal with “Action during pendency of inquiry”?

Sec 12

Under Section 12 of the Act, the Internal Complaints Committee (ICC) may recommend what during the pendency of the inquiry?

Transfer of the aggrieved woman or the respondent

Grant of leave to the aggrieved woman up to three months

What is the maximum period of leave granted to the aggrieved woman during pendency of the inquiry under Section 12?

Three months

What is the nature of the leave granted under Section 12(2)?

In addition to the leave she would otherwise be entitled to

Under Section 12(3), the employer shall implement the recommendations made by the ICC or LCC and report implementation to whom?

Internal Committee

Which case law emphasized that the ICC's recommendations under Section 12 are binding on the employer during the pendency of the inquiry?

Shanta Kumar v. Council of Scientific & Industrial Research, (2018) SCC OnLine

In X v. Union of India (2022), the Delhi High Court ruled that interim recommendations under Section 12 must be:

Reasoned and must respect the principles of natural justice

How the interim measures may be taken under Section 12(1)?

Upon written request by the aggrieved woman

What is the aim of Section 12 of the Act?

Protect the aggrieved woman from potential retaliation

During what Section 12 of the Sexual Harassment Act, 2013 empowers the Internal Committee or Local Committee to recommend action?

During pendency of inquiry

If the complainant opts for transfer but the employer refuses without reason, it may amount to:

Violation of Section 12 obligations

Which provision deal with “Inquiry report”?

Sec 13

Under Section 13(1), if the Internal Committee or Local Committee finds no allegation of sexual harassment, what shall be the consequence?

The Committee shall recommend no action required

Under Section 13(2), if the Internal Committee or Local Committee finds that the allegations are proven, it shall recommend what?

Action for sexual harassment as misconduct under the service rules

Under Section 13(3) (ii), which can be recommended as compensation to the aggrieved woman?

Deduction from salary/wages of the respondent

Upon completion of the inquiry, the Internal Committee shall submit its report to?

Employer

Within how many days the Inquiry Report must be submitted by the Internal Committee or Local Committee?

10 days from conclusion of inquiry

Within how many days should the employer or District Officer act on the recommendations of the IC/LC as per Section 13(4)?

60 days

What best describes the nature of the Internal Committee’s report under Section 13?

Binding and mandatory for implementation

How the balance amount may be recovered If deductions from salary are insufficient for compensation, or the respondent fails to pay the sum?

As arrears of land revenue

Which provision deal with “Punishment for false or malicious complaint and false evidence”?

Sec 14

What is the punishment under Section 14 of the Sexual Harassment of Women at Workplace Act, 2013?

Action in accordance with service rules

Under Section 14 of the POSH Act, 2013, punishment for false or malicious complaints can be imposed:

When the complaint is found to be maliciously or knowingly false and supported by adequate inquiry

Which authority has the power to recommend action for a false complaint under Section 14?

Internal Committee (IC) or Local Committee (LC)

In which case the Court held that mere dismissal of complaint does not attract action under Section 14 unless it is shown that the complaint was deliberately false or malicious.

Ruchika Singh Chhabra v. Air France (2018 SCC OnLine Del 8842

As per Section 14, action against a false witness or complainant is?

Based on inquiry and recommendation by the ICC

To whom Section 14 applies?

Both complainant and any person who gives false evidence

What punishment may be recommended under Section 14 of the POSH Act?

Imposition of monetary penalty or other disciplinary action

Can a woman be punished under Section 14 for filing an unproven complaint?

Only if the complaint is found to be intentionally false or malicious

Which principle is most emphasized in interpreting Section 14?

Protection against victimization

In which situation Section 14 does NOT apply?

Where complaint is proved to be untrue but made in good faith

Under Section 14, what best defines “false complaint”?

Complaint proven to be filed with knowledge of its falsity and malice

Under Section 14, action can be taken against a woman who?

Files a complaint with false and malicious intent

Who decides whether the complaint was false and malicious?

Internal Committee after inquiry

In which case did the Bombay High Court observe that mere failure to prove allegations does not attract Section 14?

Jaya Kodate v. Rashtrasant Tukdoji Maharaj Nagpur University

Which Supreme Court judgment laid the foundational framework that led to the creation of the 2013 Act?

Vishaka v. State of Rajasthan

In Jaya Kodate v. RTM Nagpur University, what did the High Court say about false complaints?

Action under Section 14 only when mala fide intent is proved

Which case emphasized that Section 14 should not be used to discourage genuine complaints?

Punita K. Sodhi v. Union of India

What is the intent behind Section 14?

Prevent misuse of the law through frivolous or malicious complaints

What is essential to initiate action under Section 14?

Committee concludes the complaint was maliciously false

Section 14 mandates that punishment for false complaints shall be as per?

Rules applicable to the employee

What is true regarding Section 14?

It balances the right of complainant and accused

A woman files a complaint which is not proved during inquiry. Under Section 14, what must be shown before taking action against her?

That she had the intent to malign or harass

Dismiss the complaint without punishment

An employee submits forged documents to support her harassment claim. If proved, what section applies?

Section 14

Which provision deal with “Determination of compensation”?

Sec 15

What are the factors to be considered by the Internal Committee or Local Committee while determining the compensation under Section 15 of the 2013 Act?

Mental trauma and emotional distress

Income and financial status of the respondent

Medical expenses incurred by the aggrieved woman

In which landmark case did the Supreme Court hold that monetary compensation is a legitimate and effective remedy in cases of sexual harassment at the workplace?

Vishaka v. State of Rajasthan, AIR 1997 SC 3011

Section 15 mentions "medical expenses" as a factor for compensation. What type of medical expenses are included?

All medical expenses including mental health treatment (psychological treatment.)

In Vishaka Guidelines, which principle relevant to Section 15 was highlighted regarding the employer’s duty?

Create a complaints mechanism and provide compensation

Which principle of justice is primarily invoked through Section 15 in awarding compensation?

Compensatory justice

Compensation under Section 15 can be paid?

Irrespective of criminal proceedings

In the context of Section 15, which case reinforced the binding nature of Internal Committee's recommendations, including compensation?

Punjab and Sind Bank v. Durgesh Kuwar, 2020 SCC OnLine Del 725

Loss in career opportunity due to the incident is a factor considered under?

Section 15

Which authority recommends the amount of compensation to the employer?

Internal Committee or Local Committee

Who pay Compensation under Section 15?

Accused

What does Section 15 aim to provide?

Civil remedy in the form of compensation

If a woman loses a promotion opportunity due to harassment, which factor of Section 15 is relevant?

Loss in career opportunity

Compensation recommended under Section 15 is recovered by employer as?

Deduction from accused’s salary or assets

Which High Court held that compensation must be reasonable and proportionate to the trauma suffered?

Delhi High Court – Dr. Punita K. Sodhi v. Union of India

In Dr. Punita Sodhi v. Union of India, the court ruled that?

Trauma, loss of dignity, and mental agony are central to compensation

If IC awards excessive compensation without considering actual loss, it may violate which principle?

Proportionality in administrative law

Under Section 15, compensation amount is recommended after inquiry into?

All tangible and intangible losses caused by the harassment

Which provision deal with “Prohibition of publication or making known contents of complaint and inquiry proceedings”?

Sec 16

Section 16 of the Sexual Harassment of Women at Workplace Act, 2013 prohibits the publication of?

Contents of the complaint

Identity and addresses of the aggrieved woman, respondent, and witnesses

Inquiry proceedings and recommendations of the Internal Committee

Under Section 16, disclosure of the information mentioned therein is permitted under which conditions?

If it is necessary for securing justice to the aggrieved woman

Which case held that confidentiality under Section 16 must be balanced with the principles of natural justice and fair hearing?

X v. State of Maharashtra, 2022 SCC OnLine Bom 1521

What is the primary objective behind the confidentiality provision under Section 16 of the Act?

To protect the dignity, privacy and safety of the aggrieved woman and witnesses

What is permitted under Section 16?

Dissemination of information for justice delivery without revealing identity

To whom the restriction under Section 16 applies?

All persons involved in the inquiry

Violation of Section 16 may lead to?

Disciplinary action as per service rules

In which case did the court emphasize that privacy and dignity of the complainant must be protected during and after proceedings?

Apparel Export Promotion Council v. A.K. Chopra

Which case clarified that even during court proceedings, names of the victim should be anonymized?

State of Punjab v. Gurmit Singh

In ABC v. XYZ Pvt Ltd., the High Court ruled that the company publishing the complainant’s name on its website violated?

Section 16 of the 2013 Act

Why in Namita v. XYZ Company, the court awarded compensation?

Company disclosed complaint contents in newsletter

When the Disclosure of proceedings is allowed?

It is required for compliance under any law

When does Section 16 apply?

During Entire complaint and inquiry process

Sharing the name of the complainant in a training session violates?

Section 16

What will be the consequences in a situation where the complainant herself posts the complaint online?

It is permissible as self-disclosure is not barred

An HR Manager emails details of a harassment complaint to all staff. Which section is violated?

Section 16

A YouTube influencer reveals the name of a complainant in a workplace harassment case. What consequence may follow?

Breach of Section 16, potential civil and disciplinary action

The IC submits its report to the employer. Can the employer publish it in the company magazine?

No, as it violates Section 16

The accused files a defamation suit and wants to submit the complaint copy as evidence. Will it violate Section 16?

No, as it is for justice delivery

What best describes the effect of Section 16?

It creates a balance between privacy and justice delivery

Information that may be disseminated under Section 16 must be?

Anonymous and necessary for justice

Which provision deal with “Penalty for publication or making known contents of complaint and inquiry proceedings”?

Sec 17

Section 17 of the 2013 Act provides for penalty in case of contravention of which section?

Section 16

Under Section 17, who are prohibited from publishing the contents of the inquiry proceedings?

The respondent

The complainant

Media channels

What is the monetary penalty prescribed under Section 17, if no service rules exist?

in such manner as may be prescribed

The penalty under Section 17 can be imposed on?

Any person who publishes the prohibited content

What is the penalty for violating Section 17 by publishing confidential contents?

As prescribed under the service rules or appropriate legal action

In which landmark judgments did the Delhi High Court uphold the confidentiality provisions of Section 17?

X v. Union of India, 2022 SCC OnLine Del 225

The intent behind Section 17 is to:

Create deterrence for spreading sensitive info

Section 17 does prohibit publication?

The names of witnesses

The internal committee members' statements

The complainant's personal diary

Under Section 17, publication includes which of the following forms?

Newspaper articles

Social media posts

Oral communication to media

Section 17 applies only after?

Any publication of complaint/inquiry contents

In State of Punjab v. Gurmit Singh, the Supreme Court observed that?

Disclosure of victim identity is a serious offence

In ABC v. Union of India, the court imposed penalty for?

Breach of confidentiality under Sections 16 & 17

An HR manager posts the complaint summary in a WhatsApp group. Which section is violated and what follows?

Section 16; HR may face penalty under Section 17

A witness in the inquiry leaks the complainant’s name to the press. Who is liable under Section 17?

The witness

Violation of Section 17 can also be considered violation of which Fundamental Right of the complainant?

Article 21

The purpose of prescribing penalty in Section 17 is to enforce which value?

Confidentiality and dignity

If both complainant and respondent agree to publish the details, will Section 17 apply?

Yes

(Section 17 prohibits all unauthorized disclosures, even by parties themselves.)

Under Section 17, repeated breach of confidentiality may lead to:

Escalated disciplinary action

Which provision deal with “Appeal”?

Sec 18

Who can file an appeal under Section 18?

Both aggrieved woman and respondent

An appeal under Section 18 lies to which forum?

The court or tribunal as per the service rules applicable

Which sections recommendations are appealable under Section 18?

Sections 13, 14, 17

Within how many days must an appeal under Section 18 be filed from the date of recommendation?

90 days

Which section of the Act prescribes penalties for false or malicious complaints, against which an appeal under Section 18 can also be made?

Section 14

Under Section 18, if there are no service rules applicable to the parties, the appeal lies to?

Appropriate court or tribunal notified by the government

Section 18 gives appeal rights to?

Both public and private sector employees

In Sanjay Srivastava v. Madhu Bhagat (2015), it was held that?

Appeal under Section 18 is an important safeguard for both parties

What happens if the appeal is not filed within the 90-day limit under Section 18?

Appeal may be barred unless delay is condoned by the court/tribunal

Which case reiterated that the recommendations of the ICC can have serious civil consequences, thus making the appeal provision under Section 18 crucial?

Jaya Kodate v. Rashtrasant Tukdoji Maharaj Nagpur University (2014)

Section 18 of the Act ensures compliance with which  Constitutional rights?

Article 21 – Right to life and personal liberty

Article 14 – Equality before law

If an employer fails to provide an appellate mechanism as required under Section 18, it may amount to?

Failure to implement the appeal provision violates statutory mandate.

What are the grounds on which an appeal can be filed under Section 18?

Recommendation to register an FIR

Recommendation to deduct salary

Which authority generally hears appeals under service rules?

Appellate authority under service rules

Section 18 is designed to uphold which principle of natural justice?

Audi alteram partem

In Union of India v. B.V. Gopinath, the Supreme Court emphasized that?

Detailed reasoning must be given in appellate orders

An employee was found guilty by IC, and dismissed. He files an appeal within 90 days to the appellate authority under his service rules. Is this valid?

Yes

The employer refuses to implement IC’s recommendation. The complainant files appeal. Is it maintainable?

Yes, as an aggrieved person under Section 18

Failure to provide an appellate remedy under Section 18 may violate which Article of the Constitution?

Article 21

CHAPTER VI

DUTIES OF EMPLOYER

Which section deal with “Duties of employer”?

Sec 19

Under Section 19 of the Sexual Harassment Act, 2013, what are the duties of the employer?

Provide safe working environment

Assist the woman in filing a police complaint

Under Section 19 of the Sexual Harassment Act, 2013, what are the duties of the employer?

Treat sexual harassment as a misconduct

As per Section 19, who is responsible for organizing workshops and awareness programs at regular intervals?

Employer

Under Section 19(c), an employer must assist the woman in filing a complaint under which law if she chooses to do so?

Indian Penal Code now The Bharatiya Nyaya Sanhita, 2023

Section 19 mandates the employer to ensure that the Internal Committee?

Works independently

Who is responsible for providing a safe working environment under Section 19?

Employer

Under Section 19(i), an employer must treat sexual harassment as?

Misconduct under service rules

A company has never conducted awareness workshops. This is a violation of?

Section 19(C)

An NGO-run organization fails to submit IC's report to the District Officer. Who is liable?

Employer

CHAPTER VII

DUTIES AND POWERS OF DISTRICT OFFICER

Which provision deal with “Duties and powers of District Officer”?

Sec 20

Under the POSH Act, 2013, the District Officer is appointed by:

Appropriate Government

Under Section 20 of the Sexual Harassment Act, 2013, what is the primary duty of the District Officer?

to constitute the Local Complaints Committee (LCC)

What is a power granted to the District Officer under Section 20?

Monitor the timely submission of reports by the Local Complaints Committee

District Officer can authorize payment to the aggrieved woman through?

District Women’s Welfare Fund

Under the POSH Act, the District Officer shall act as a bridge between?

LCC and Appropriate Government

If no Internal Committee is formed in a workplace with fewer than 10 employees, who handles the complaint?

Local Complaints Committee under District Officer

A woman worker files a complaint in a rural district with no HR department. Who ensures redressal?

District Collector via the LCC

What should the District Officer do If an NGO's LCC is not functioning properly?

Replace the members as per Rules

In Global Health Private Ltd. v. LCC Indore (2021), the court held that the District Officer has the responsibility to?

Review and monitor LCC reports and enforce compliance

Which judgment highlighted the failure of District Officers to take effective action under the POSH Act?

Nipun Saxena v. Union of India (2019)

The effectiveness of Section 20 implementation is supervised by?

Ministry of Women and Child Development

CHAPTER VIII

MISCELLANEOUS

Which provision deal with “Committee to submit annual report”?

Sec 21

Under Section 21(1) of the Act, who is responsible for preparing the annual report?

Internal Committee or Local Committee

Under Section 21 of the Sexual Harassment Act, 2013, the Internal Committee is required to prepare an annual report and submit it to?

Employer and District Officer

To whom does the District Officer forward a brief report of the annual reports received?

State Government

Which provision deal with “Employer to include information in annual report”?

Sec 22

Under Section 22 of the Sexual Harassment Act, 2013, what is the employer required to include in the annual report?

The number of cases filed and disposed of under the Act in the annual report.

If an employer is not mandated to prepare an annual report under any law, what must they do under Section 22?

Prepare a separate report and submit to the District Officer

Which authority should receive the information if an employer does not file an annual report under any other applicable law?

District Officer

Section 22 mandates the inclusion of which points in the employer's Annual Report?

Number of workshops or awareness programmes conducted

Non-compliance with Section 22 may be construed as violation of which legal duty?

Statutory duty

In the case of Punjab and Sind Bank v. Durgesh Kuwar (2020), what key compliance failure under Section 22 was noted?

Non-disclosure in Annual Report

What are included in the reporting mandate under Section 22?

Number of complaints received

Number of complaints disposed

Summary report of action taken

Which case law strengthened the employer's duty of accountability and reporting as per Section 22?

Saurabh Kumar Mallick v. Comptroller and Auditor General

What kind of cases are to be mentioned under Section 22?

Only cases filed and disposed under the POSH Act are required to be included.

What does the Delhi High Court in the case Aparna Bhat v. State of Madhya Pradesh (2021) reiterated?

Section 22 must be read with Section 26 for penal act

A private company with 8 employees is not required by law to prepare an Annual Report. Under Section 22, what should it do?

Submit necessary data to the District Officer

What is the frequency of compliance under Section 22?

Annually

As per Section 22, how should an employer ensure confidentiality while submitting data?

By excluding names and details that breach privacy

Which statement best reflects the objective of Section 22 of the Act?

To promote accountability and transparency by employers

Which provision deal with “Appropriate Government to monitor implementation and maintain data”?

Sec 23

What is the primary obligation imposed on the “Appropriate Government” under Section 23?

To monitor the implementation of the Act

What is the primary function of the Appropriate Government under Section 23?

To maintain data on the number of cases filed and disposed of

The Appropriate Government is required to collect information from whom for monitoring under Section 23?

Employers and District Officers

The term "Appropriate Government" under Section 23 refers to?

Central or State Government, depending on establishment

Section 23 of the POSH Act relates most closely to which principle of governance?

Transparency and Accountability

In Aparna Bhat v. State of M.P. (2021), which principle related to Section 23 was reiterated?

Government must monitor training and awareness programs through reports

Periodic review of compliance by the Government as per Section 23 helps to?

Identify non-compliant employers and issue advisories or penalties

What type of data is primarily required to be maintained by the Appropriate Government under Section 23?

Aggregate statistical data on cases received, disposed, pending

A District Officer receives consolidated data on workplace harassment from organizations. Under Section 23, this is then submitted to?

Appropriate Government for compliance monitoring

Which constitutional principles are most directly reinforced by implementation of Section 23?

Article 14, 15 and 21 – Right to equality and dignity

Which provision deal with “Appropriate Government to take measures to publicise the Act”?

Sec 24

What is the main objective of Section 24 of the POSH Act, 2013?

To ensure awareness and publicity of the Act

Who is responsible under Section 24 to ensure that the POSH Act is widely publicised?

Appropriate Government

As per Section 24, what are the duties of the Appropriate Government?

Publicising the provisions of the Act

Developing capacity-building programs

For whom section 24 mandates that Appropriate Government shall develop capacity building and orientation programmes?

Employers and ICC members

What best reflects the nature of Section 24?

Preventive and promotional provision

What is the purpose of requiring Appropriate Government to publicise the Act?

Fulfil international treaty obligations under CEDAW

Which case highlighted the importance of awareness creation and sensitisation, indirectly supporting the objectives under Section 24?

Medha Kotwal Lele v. Union of India, (2013) 1 SCC 297

Section 24 promotes which constitutional ideal through government-led awareness?

Right to Equality and Protection from Sexual Harassment

In which landmark case did the Supreme Court stress the need for public awareness about sexual harassment law, supporting the spirit of Section 24?

Vishaka v. State of Rajasthan (1997)

As per Section 24, failure of the Appropriate Government to publicize the Act could lead to?

Violation of constitutional rights under Article 21

What best exemplifies compliance with Section 24?

Government runs POSH awareness videos on public transport screens

Under Section 24, government departments should ensure?

Periodic, accessible, and culturally relevant awareness programs

Public awareness under Section 24 contributes most directly to

Preventing sexual harassment through education and deterrence

Which article of the Constitution is most directly advanced through Section 24’s obligation of awareness creation?

Article 14 – Right to Equality

In the context of Section 24, who can be held accountable if there is no public awareness and continued workplace harassment?

Appropriate Government for failure of statutory duty

Which phrase is most suitable to summarize Section 24?

Publicity and awareness are key to prevention

Which provision deal with “Power to call for information and inspection of records”?

Sec 25

Section 25 of the POSH Act, 2013 empowers which authority to call for information and inspect records relating to sexual harassment complaints?

Appropriate Government

Under Section 25, the Appropriate Government may inspect?

Records related to complaints and redressal under the Act

When can the power under Section 25 be exercised by the Appropriate Government?

Anytime, to ensure compliance with the Act

What is the purpose of inspection and data collection under Section 25?

Monitor and ensure implementation of the POSH Act

Section 25 enhances which key administrative function of the government under the Act?

Oversight and compliance

Who may be directed by the Appropriate Government to submit information under Section 25?

Every employer or District officer

Which provision deal with “Penalty for non-compliance with provisions of Act”?

Sec 26

Under Section 26 of the POSH Act, 2013, what is the penalty for an employer who fails to constitute an Internal Complaints Committee (ICC)?

Fine of up to Rs. 50,000

According to Section 26, what is the maximum fine imposed on an employer who fails to comply with the provisions of the Act?

Rs. 50,000

Section 26 provides for penalties on an employer who?

Fails to constitute the Internal Committee

Repeats the offence

What may the appropriate government do upon repeated contravention of the Act by an employer?

Cancel the business licence or registration

In case an employer repeatedly fails to comply with the provisions of the POSH Act, what is the consequence under Section 26?

The penalty is doubled

If an employer fails to act upon the recommendation of the Internal Complaints Committee under Section 26, the penalty could include?

Fine and reprimand

What happens if an employer continuously violates the provisions of the POSH Act, as per Section 26?

They face a higher fine for repeated violations

Which provision deal with “Cognizance of offence by courts”?

Sec 27

When under Section 27 of the POSH Act, 2013, cognizance of an offence can be taken by a court?

A complaint is made by the aggrieved woman or authorized person from the IC or LC.

Which courts is empowered to take cognizance of offences under the POSH Act, 2013, as per Section 27?

Magistrate of the first class

How the courts will take cognizance of an offence under the Act?

On the basis of a written complaint

According to Section 27, what is true about the jurisdiction of the court in taking cognizance of an offence under the POSH Act?

The offence must be committed within the territorial jurisdiction of the court

Section 27 ensures that a complaint of sexual harassment is?

Taken seriously by courts with due process

According to sec 27(3) of the Act, every offence under the POSH act is?

Non- cognizable

Which provision deal with “Act not in derogation of any other law”?

Sec 28

What is the main objective of Section 28 of the POSH Act, 2013?

To ensure the Act is in addition to other laws and not a substitute

Section 28 ensures that the POSH Act operates?

Alongside other laws providing remedies for women

What does the phrase “not in derogation of any other law” in Section 28 means?

This Act functions parallel to and supplements other legal remedies

Under Section 28, a woman can:

Proceed under both POSH and IPC/BNS or other laws simultaneously

Whether the POSH Act restricts other civil or criminal remedies?

No

Section 28 makes the POSH Act?

Beneficial and enabling law in conjunction with other statutes

Section 28 affirms which legal doctrines?

Doctrine of harmonious construction

A female employee files a complaint before ICC under POSH and simultaneously lodges an FIR under Section 354A IPC. What is the court's likely stand?

Both proceedings can go on independently

A woman is harassed at a workplace and seeks compensation under civil tort and also files a complaint under POSH. Can she pursue both?

Yes, Section 28 allows multiple remedies

What best explains the effect of Section 28?

It enhances the scope of protection under the law

Which provision deal with “Power of appropriate Government to make rules”?

Sec 29

Under Section 29 of the POSH Act, who has the power to make rules?

Appropriate Government as defined under the Act

The rules framed under Section 29 must be published:

In the Official Gazette

The rule-making power under Section 29 is subordinate legislation, which means?

It must conform to the provisions of the parent Act

Can the rules made under Section 29 be challenged in a court of law?

Yes, if they are ultra vires the parent Act

Section 29 refers to "appropriate Government". What does "appropriate Government" include under the POSH Act, 2013?

Both Central and State Governments depending on the authority of the establishment

The rules made under Section 29 must be consistent with?

The main Act and the Constitution

Under Section 29, once the appropriate Government makes rules, these rules must be?

Laid before each House of Parliament or State Legislature as applicable

The rule-making power under Section 29 can be exercised?

Any time as deemed necessary by the appropriate government

The rule-making power under Section 29 of the POSH Act is an example of?

Delegated legislation

If a rule made under Section 29 violates Article 14 of the Constitution, what can a court do?

Strike down the rule as unconstitutional

Who is responsible for ensuring that rules framed under Section 29 are consistent with natural justice and legal procedure?

The Appropriate Government

Which provision deal with “Power to remove difficulties”?

Sec 30

Under Section 30 of the Act, who is empowered to remove difficulties in implementing the provisions of the Act?

Central Government

The orders issued by the Central Government under Section 30 must be?

Published in the Official Gazette

The power under Section 30 of the POSH Act is?

Administrative but legislative in character

The power to remove difficulties under Section 30 can be exercised?

Only within two years from the commencement of the Act

(Section 30(2): No such order shall be made after the expiry of a period of two years from the commencement of this Act.)

The Orders made under Section 30 must be?

Laid before Parliament

The purpose of Section 30 is primarily to?

Resolve implementation-related issues

Section 30 is an example of?

Transitional or saving power

After 2 years from the enactment of the POSH Act, can the Central Government invoke Section 30?

No, the power lapses after 2 years

If an order under Section 30 removes implementation difficulty by interpreting a provision differently than a court, it is?

Invalid as executive cannot override judicial interpretation

What is the legal safeguard embedded in Section 30?

Provision must be consistent with the Act

The limitation that no order under Section 30 shall be made after two years is provided?

To Avoid executive overreach in long term