Who qualifies as an Aggrieved Party under the PoSH Act of 2013?

Under the Sexual Harassment of Women in the Workplace (Prevention, Prohibition, and Redressal) Act 2013, commonly known as the PoSH Act, an aggrieved woman is defined as a woman of any age, regardless of her employment status within the organization. This definition includes individuals who believe they have experienced any form of sexual harassment within the workplace environment.

In effect, this means that even visitors, customers, or clients who encounter sexual harassment at a workplace are protected by the PoSH Act. This provision aims to ensure protection for all individuals, irrespective of their relationship with the organization.

What constitutes a Workplace?

A workplace is defined as any department, organization, undertaking, establishment, enterprise, institution, office, hospital, unit, dwelling, or house where a person is employed or has applied for employment.

What is an Internal Complaints Committee (ICC)?

An Internal Complaints Committee is a group established within a workplace to address and manage complaints of sexual harassment. Its primary objective is to ensure a safe and confidential process for reporting and resolving such issues.

a. Internal Committee members:

Internal Committee members are responsible for investigating and handling complaints related to sexual harassment, ensuring a safe environment for employees. These members are employees of the organization.

b. External committee members:

External committee members are individuals not directly affiliated with the organization but appointed to ensure impartiality and fairness in addressing complaints of sexual harassment. They play a crucial role in maintaining transparency and objectivity during the investigation and resolution process, often coming from legal, social, or women’s rights backgrounds.

c. Presiding Officer:

The Presiding Officer is a woman who leads the Internal Committee and is responsible for guiding the committee’s efforts in addressing and resolving instances of sexual harassment within the workplace.

What is a Local Complaints Committee (LLC)?

The Local Committee operates at the district level and is responsible for handling complaints related to sexual harassment. This includes cases where there is no Internal Committee established or when the complaint is against the employer.

a. Local Complaints Committee members:

Local Complaints Committee members are responsible for investigating complaints related to sexual harassment and ensuring a safe environment for employees. These members typically have experience in social work and NGOs.

b. Chairperson:

The Chairperson leads and oversees the activities and proceedings of the Local Complaints Committee. They are responsible for guiding the committee’s efforts in addressing complaints of sexual harassment, conducting investigations, and ensuring effective compliance with the mandates of the PoSH Act. The Chairperson is appointed by the respective state government or union territory administration.

Who qualifies as an Employee?

An employee refers to any person, regardless of their employment status, who is hired, engaged, or employed, including temporary, probationary, or full-time employees, contractual workers, and interns.

Who is an Employer?

An employer is an individual or organization that hires individuals to work in exchange for payment, typically in the form of salary or wages.

Who is a District Officer?

A District Officer is an official designated by the appropriate government under section 5 of the PoSH Act. The District Officer is responsible for receiving complaints of sexual harassment from establishments where the Internal Complaints Committee has not been constituted, either due to having fewer than ten workers or if the complaint is against the employer.

Who is a Complainant?

A complainant is an individual who formally lodges a complaint, alleging that they have experienced an incident of sexual harassment in the workplace. The complainant brings forward the allegation against the respondent.

Who is a Respondent?

A respondent is the individual who is accused of engaging in an act of sexual harassment. They are the subject of the complaint brought forward by the person alleging harassment.

What are Frivolous complaints?

The PoSH Act contains provisions for handling cases where complaints are found to be untrue or malicious. If the Internal Committee (IC) or Local Committee (LC) determines that a complaint is intentionally false or malicious, and if false information is provided during the investigation, the organization can take disciplinary action against the person who made the complaint. This is done to ensure fairness and honesty throughout the process.

What is Misconduct?

Misconduct refers to any inappropriate behavior or actions that violate the guidelines and standards set by the PoSH Act.

What is Redressal?

Redressal is the process of addressing and resolving a complaint of sexual harassment. It may involve corrective measures, compensation, or other appropriate actions to rectify the situation.

What is a Non-Disclosure Agreement (NDA)?

A Non-Disclosure Agreement (NDA) is a legal agreement that may prevent parties from disclosing specific information. It is often used in settlements related to sexual harassment cases to maintain confidentiality.

What is SHE-BOX?

SHE-BOX stands for the Sexual Harassment Electronic-Box, an online platform launched by the Ministry of Women and Child Development (MWCD) in India. It provides a single-window access for women, whether they are working in the public or private sector, to register complaints related to sexual harassment at the workplace. The SHE-BOX platform enables the speedy redressal of complaints by routing them to the respective employers and the Internal Committees (ICs) or Local Committees (LCs) for appropriate action.