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Sexual Harassment Act One Liner Notes
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THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 | |
CHAPTER I | |
PRELIMINARY | |
| QUESTION | 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, of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent |
| What does the term 'aggrieved woman' defines in relation to dwelling place or house? | a woman of any age who is employed in such a dwelling place or house |
| 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 any other unwelcome physical, verbal or non-verbal conduct of sexual nature |
| 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)? | Humiliating treatment likely to affect health or safety 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 |
| Bare Acts | |
| 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 been convicted for an offence or an inquiry 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, two Members from non-governmental organizations or associations, and 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 |
| Previous Year Questions | |
| 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 |
| Free Judiciary Coaching | |
| 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 Restraining the respondent from reporting on the work performance of the aggrieved woman |
| 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 |
| A female employee files a complaint of sexual harassment. The committee finds no evidence, but no malicious intent is proved. What action is appropriate under Section 14? | 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 for action under service rules 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 |
| Free One Liner Notes | |
| 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 Conduct orientation and awareness programs Assist the woman in filing a police complaint |
Under Section 19 of the Sexual Harassment Act, 2013, what are the duties of the employer? | Provide necessary facilities to the Internal Committee Treat sexual harassment as a misconduct Monitor timely submission of reports by the ICC |
| 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 |
| Bare Acts | |
| 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 |
| Free Mock Tests | |
| 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 Conducting awareness and orientation programmes 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 Contravenes or attempts to contravene provisions of the Act 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 |