About the author
Aswathy V C is a final year LLM student at the Inter University Centre For IPR Studies, CUSAT. She is also an editor trainee at LJRF Voice.
INTRODUCTION
The formulation of this Act[1] can be traced back from an incident that took place in the late 90s i.e. Vishaka v. State of Rajasthan[2] (1997) in which the Court identified that there is a lack of law in the context of protection of women in the workplace although there is a general provision for sexual harassment in IPC[3] (now Section 75 of BNS[4]) as a result the honourable Supreme Court has laid down guidelines which are known as [5]Vishaka Guidelines against Sexual Harassment in the Workplace. Later, legislatures planned to incorporate a legal framework in pursuance of the Vishaka guidelines to protect women from all sorts of sexual harassment in the workplace and to ensure effective redressal mechanisms, the Act came into force after several discussions and amendments by the parliament in 2013[6]. It has been more than two decades since the instance of sexual harassment took place in Rajasthan to a woman named Bhanwari, who was a social worker. Even before, there may have been lots of cases that went unreported. The willpower in Bhanwari resulted in the Vishaka guidelines, as the Court found the grey side of not having any laws in particular for the protection of women. This Act[7] came into effect after a decade. The Act is divided into 8 chapters comprised of 30 sections, in which chapters 4 and 5 exclusively lay out the provisions on complaint and inquiry of complaint. By this Act, if any sexual harassment happens in the workplace, the aggrieved may approach the Committee formulated in the workplace. The Act mandates the formulation of a Committee, either internal or local.
COMPLAINT COMMITTEE
Before moving into the complaint mechanism, it is important to understand where a complaint can be filed. The provisions in the Act mention the formulation of a complaint committee. What is a complaint committee?[8] The answer to this can be derived from Rule[9], in which it is stated as ‘Committee means internal committee[10] or local committee[11]’. That means there are two types of committees.
Internal Committee (IC)[12]
In every workplace, the employer[13] has several duties, and one among them is to constitute an ‘internal complaints committee’; the name has changed to ‘internal committee’ if the employer abstains from constituting the IC, then a fine[14] shall be imposed against the employer. The members of this committee include a presiding officer who is a senior women employee, two or more members committed to the cause of women or who have experience in social work or legal knowledge and an external member from an NGO or association that is committed to the cause of women or a person familiar with the issues relating to sexual harassment[15] and the tenure[16] of this committee is for 3 years.[17]
Local Committee (LC)[18]
The District Officer needs to formulate the ‘local complaints committee’, the name has changed to ‘local committee’, where the District Officer[19] can be any person who is a District Magistrate or an Additional District Magistrate or a Collector or a Deputy Collector.[20] Here, there will be a question, as already there is an internal committee, what is the need for the local committee? The answer is if there is no IC due to a lack of employees[21], i.e. less than ten or if the complaint is against the employer, then the aggrieved person[22] may approach the LC. The members of the committee are nominated by the District Officer, including a Chairperson[23] who is an eminent woman in the field of social work and committed to the cause of women, one women member who is working in block, taluka or tehsil or ward or municipality in the district, two members (one should be women) from NGO or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment and an ex officio member who is a concerned officer dealing with the social welfare or women and child development in the district[24]. The tenure[25] of the committee is 3 years.[26]
COMPLAINT MECHANISM
While analysing ‘complaint’, certain questions arise, such as,
- Who can file a complaint?
- Where to file a complaint?
- Is there any duration for filing a complaint?
The answers to those questions have been addressed in the Act[27] and the Rules[28], which have been analysed further.
A complaint is a written submission made before the Internal Committee (if constituted) or to the Local Committee. The complaint must be in writing, but there is no format for submitting a complaint in writing.
STEP 1 : WRITTEN COMPLAINT
The aggrieved woman [29] may submit a complaint of sexual harassment that happened to her. If the victim is unable to submit the written complaint due to physical or mental incapacity or death, then the following persons are entitled to represent on behalf of the aggrieved woman i.e. a relative/friend or co-worker or an officer of the National Commission for Women or State Women’s Commission or any person who knows about the incident, special educator, a qualified psychiatrist or psychologist and if the person is dead then with the consent of legal heir anybody who knows about the incident may file the complaint.[30] So, to file a complaint, the priority vests with the victim or the aggrieved person only; if she is not able to make a complaint, then only another person may interfere and submit a complaint on her behalf. While looking into the date of submission of the complaint it is seen that within 3 months of said act the aggrieved person may file the complaint, if due to any circumstances there was a delay in the submission of the complaint if the committee satisfies with the reason of delay then for 3 months an extension will be provided.[31]
STEP 2 : CONCILIATION
When the complaint is submitted before the IC OR LC, a meeting with the Committee will be scheduled with the parties separately. In this meeting, the committee may report to the complainant about the option of “conciliation”[32], as the matter may be settled amicably before inquiry procedures, and it is possible only if the aggrieved women request such a settlement. If such a request is moved to the committee, it will be reported to the respondent. Monetary settlement should not be the basis of conciliation. Through conciliation, if a settlement has been reached, then the committee shall record it and send it to both the parties, i.e. complainant and the respondent (the employer and the District Officer), and no inquiry will be initiated on this settled complaint.[33]
STEP 3 : INQUIRY
If the matter has not been settled through conciliation or conciliation has not been opted for, then inquiry procedures begin. Here, the LC forward the complaint to the police within 7 days to register the case under Section 509[34] or any other relevant provision under the Indian Penal Code. This is made only if a prima facie case exists and the police need to know that an inquiry is conducted in parallel by the Committee. The Committee is vested with similar powers of a civil court under the Civil Procedure Code, 1908, ie, summoning and enforcing the attendance of any person and examining, requiring the discovery and production of documents and any other matter which may be prescribed.[35] The complainant shall submit six copies of the complaint to the complaint committee along with evidence, names and addresses of the witnesses. One copy is served to the respondent within 7 working days. The respondent may counter the complaint within 10 working days from the date of receiving the copy of the complaint. The committee should follow the natural justice principle (Audi Alteram Partem, Nemo Judex in Causa Sua).[36] After the counter-response or the written submission from the respondent, the committee calls upon the witnesses to record their statements. The statements of witnesses can be given to both parties for cross-examination by priorly informing them. If, under any circumstances, the complainant or the respondent fails to appear before the committee for three consecutive hearings, then the committee shall terminate the inquiry proceedings. It is also to be noted that neither of the parties is allowed to represent their complaints through a legal practitioner. While conducting an inquiry presence of three members of the committee is necessary.[37] While inquiry procedures are carried on, the complainant may seek interim reliefs through the committee, in which the committee recommend to the employer to give a transfer to the complainant or respondent to another place or to grant leave for 3 months or any other reliefs.[38] The inquiry proceedings shall be completed within 90 days.[39]
STEP 4 : INQUIRY REPORT
After the completion of inquiry proceedings like validating the complaint, scheduling meetings with the parties, and collecting statements from the witnesses, the committee is to submit an inquiry report to the employer or District Officer and the concerned parties within 10 days of completion of the inquiry. The final report has two possibilities: one is that the allegation is not true, i.e. false or malicious complaint, and the other is allegations made are true. If the allegation is true then the Committee may recommend the employer or District Officer to take action against sexual harassment as per service rules[40], to deduct the salary or wages which are to be paid to the aggrieved or legal heirs and this recommendation made shall be made into effect within 60 days of its receipt by the employer or the District officer.[41]
CONCLUSION
Women come across lots of hurdles in this society. This can be observed from the women employees in each field. Although women have a high level of education, they choose not to be independent after completing their education, which may be linked to some concerns about their safety at work. The Act encompasses provisions that are favourable to women to enhance the safety of women at every workplace. The Act aims to protect women from the hurdles they may face in the workplace and to give support so that if any issues arise, the law will stand in front to protect them. But there exist certain challenges like whether the awareness of this Act is sufficiently made, whether this framework is properly regulated in the workplace, and whether the women workers can approach the committee freely with their complaints. The Act and Rules give a theoretical explanation for approaching the committee with a complaint by the aggrieved, but in reality, how many cases are reported? For instance, when looking into the film industry recently, several cases have been reported in which several cases happened years back. Keeping all this in mind, it can be concluded that although there exists an Act for the prevention of sexual harassment, the implementation and regulation are least considered.
[1]Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal Act, 2013).
[2]Vishaka v. State of Rajasthan, (1997) 6 SCC 241(also known as Bhanwari Devi case).
[3]Section 354A of IPC: Sexual harassment and punishment for sexual harassment.—
(1) A man committing any of the following acts— (i) physical contact and advances involving unwelcome and explicit sexual overtures; or (ii) a demand or request for sexual favours; or (iii) showing pornography against the will of a woman; or (iv) making sexually coloured remarks, shall be guilty of the offence of sexual harassment.
(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
[4]Section 75 of BNS : Sexual harassment
(1) A man committing any of the following acts:—(i) physical contact and advances involving unwelcome and explicit sexual overtures; or(ii) a demand or request for sexual favours; or(iii) showing pornography against the will of a woman; or (iv) making sexually coloured remarks,shall be guilty of the offence of sexual harassment.
(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
[5]<https://cag.gov.in/uploads/cms_pages_files/Vishkha-Guidelines-against-Sexual-Harassment-in-Workplace-061de8308de91c7-65164897.pdf> ( March 25, 2025).
[6]December 9, 2013, Research Prevention Sexual Harassment at the Workplace (POSH), Nishith Desai Associates (March 29, 2025, 7.30 pm) <https://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research%20Papers/Prevention_of_Sexual_Harassment_at_Workplace.pdf>.
[7]Supra at 2.
[8]Rule 2 (c) “Complaints Committee”means the Internal Committee or the Local Committee, as the case may be, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.
[9]Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.
[10]Section 2(h) “Internal Committee” means an Internal Complaints Committee constituted under section 4; POSH Act, 2013.
[11]Section 2(i) “Local Committee” means the Local Complaints Committee constituted under section 6; POSH Act, 2013.
[12]Supra at 10.
[13]Section 2 (g): “employer” means— (i) in relation to any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit of the appropriate Government or a local authority, the head of that department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit or such other officer as the appropriate Government or the local authority, as the case may be, may by an order specify in this behalf; (ii) in any workplace not covered under sub-clause (i), any person responsible for the management, supervision and control of the workplace, POSH Act, 2013.
[14]Section 26 : Penalty for noncompliance with provisions of Act, POSH Act, 2013.
[15]Section 4 : Constitution of Internal Complaints Committee, POSH Act, 2013.
[16]ibid.
[17]Supra at 2.
[18]Supra at 11.
[19]Section 2(d): “District Officer” means on officer notified under section 5,POSH Act, 2013.
[20]Section 7: Composition, tenure and other terms and conditions of [Local Committee], POSH Act, 2013.
[21]Section 2 (f) : “employee” means a person employed at a workplace for any work on regular, temporary, ad hoc or daily wage basis, either directly or through an agent, including a contractor, with or, without the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and includes a co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name, POSH Act, 2013.
[22]Section 2(a): “aggrieved woman” means— (i) 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; (ii) in relation to dwelling place or house, a woman of any age who is employed in such a dwelling place or house, POSH Act, 2013.
[23]Section 2(c) :“Chairperson” means the Chairperson of the Local Complaints Committee nominated under sub-section (1) of section 7, POSH Act, 2013.
[24]Section 6 Constitution and jurisdiction of Local Complaints Committee, POSH Act, 2013.
[25]Section 7: Composition, tenure and other terms and conditions of [Local Committee], POSH Act, 2013.
[26]Supra at 2.
[27]Supra at 2.
[28]Supra at 10.
[29]Supra at 23.
[30] Rule 6: Complaint of sexual harassment — For the purpose of sub-section (2) of Section 9,-
(i) where the aggrieved woman is unable to make a complaint on account of her physical incapacity, a complaint may be filed by — (a) her relative or friend; or (b) her co-worker; or (c) an officer of the Notional Commission for Women or State Women’s Commission; or (d) any person who has knowledge of the incident, with the written consent of the aggrieved woman;
(ii) where the aggrieved woman is unable to make a complaint on account of her mental incapacity, a complaint may be filed by- (a) her relative of friend; or (b) a special educator; or (c) a qualified psychiatrist or psychologist; or (d) the guardian or authority under whose care she is receiving treatment or care; or (e) any person who has knowledge of the incident jointly with her relative or friend or a special educator or qualified psychiatrist or psychologist, or guardian or authority under whose care she is receiving treatment or care;
(iii) where the aggrieved woman for any other reason is unable to make a complaint, a complaint may be filed by any person who has knowledge of the incident, with her written consent;
(iv) where the aggrieved woman is dead, a complaint may be filed by any person who has knowledge of the incident, with the written consent of her legal heir, POSH Rules, 2013.
[31]Section 9: Complaint of Sexual Harrasment —(1) Any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the Internal Committee if so constituted, or the Local Committee, in case it is not so constituted, within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident, POSH Act, 2013.
[32]Section 10: Conciliation —(1) The Internal Committee or, as the case may be, the Local Committee, may, before initiating an inquiry under section 11 and at the request of the aggrieved woman take steps to settle the matter between her and the respondent through conciliation: Provided that no monetary settlement shall be made as a basis of conciliation. (2) Where settlement has been arrived at under sub-section (1), the Internal Committee or the Local Committee, as the case may be, shall record the settlement so arrived and forward the same to the employer or the District Officer to take action as specified in the recommendation. (3) The Internal Committee or the Local Committee, as the case may be, shall provide the copies of the settlement as recorded under sub-section (2) to the aggrieved woman and the respondent. (4) Where a settlement is arrived at under sub-section (1), no further inquiry shall be conducted by the Internal Committee or the Local Committee, as the case may be, POSH Act, 2013.
[33]Supra at 33.
[34]Section 509: Word, gesture or act intended to insult the modesty of a woman
Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, 1 [shall be punished with simple imprisonment for a term which may extend to three years, and also with fine], Indian Penal Code, 1860.
[35]Section 11(3)- For the purpose of making an inquiry under sub-section (1), the Internal Committee or the Local Committee, as the case may be, shall have the same powers as are vested in a civil court the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; and (c) any other matter which may be prescribed, POSH Act, 2013
[36]Rule 7: Manner of inquiry into complaint- (1) Subject to the provisions of section 11, at the time of filing the complaint, the complainant shall submit to the Complaints Committee, six copies of the complaint along with supporting documents and the names and addresses of the witnesses.
(2) On receipt of the complaint, the Complaints Committee shall send one of the copies received from the aggrieved woman under sub-rule (I) to the respondent within a period of seven working days.
(3) The respondent shall file his reply to the complaint along with his list of documents, and names and addresses of witnesses, within a period not exceeding ten working days from the date of receipt of the documents specified under subrule (I).
(4) The Complaints Committee shall make inquiry into the complaint in accordance with the principles of natural justice.
(5) The Complaints Committee shall have the right to terminate the inquiry• proceedings or to give an ex-parte decision on the complaint, if the complainant or respondent fails, without sufficient cause, to present herself or himself for three consecutive hearings convened by the Chairperson or Presiding Officer, as the case may be:
(6) The parties shall not be allowed to bring in any legal practitioner to represent them in their case at any stage of the proceedings before the Complaints Committee.
(7) In conducting the inquiry, a minimum of three Members of the Complaints Committee including the Presiding Officer or the Chairperson, as the case may be, shall be present, POSH Rule, 2013.
[37]ibid.
[38]Section 12: Action during pendency of inquiry.—(1) During the pendency of an inquiry on a written request made by the aggrieved woman, the Internal Committee or the local Committee, as the case may be, may recommend to the employer to— (a) transfer the aggrieved woman or the respondent to any other workplace; or (b) grant leave to the aggrieved woman up to a period of three months; or (c) grant such other relief to the aggrieved woman a may be prescribed, POSH Act, 2013.
[39]Section 11(4): The inquiry under sub-section (1) shall be completed within a period of ninety days, POSH Act,2013.
[40]Service Rules means the Conduct, Discipline and Appeal rules in case of Management employees and the applicable Standing Orders in case of employees other than Management employees, (April 19, 2025). <https://www.lawinsider.com/dictionary/service-rules>.
[41]Section 13(4): The employer or the District Officer shall act upon the recommendation within sixty days of its receipt by him, POSH Act,2013.
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