Posh Notes
Posh Notes
In Medha Kotwal Lele & Ors. V. Union of India & Ors. (2012 SC), the
Supreme Court observed through Hon’ble Justice R Lodha that “the
implementation of the Vishaka Guidelines has to be not only in form but also in
substance and spirit so as to make available safe and secure environment for
women at workplace in every aspect and thereby enabling working women to work
with dignity, decency and due respect.”
Section 2(a) of the Act defines "aggrieved woman", who will get protection
under the Act is extremely wide to cover all women, irrespective of her age or
employment status, whether in the organised or unorganised sectors, public or
private and covers clients, customers and domestic workers as well. Section 2(n)
of the Act provides inclusive definition of sexual harassment as unwelcome acts or
behaviour including ;
The Act provides for the constitution of Internal Complaint Committee and
Local Complaint Committee under section 4 and section 7 respectively. The
Internal Committee shall consists of a Presiding Officer who shall be a woman
employed at senior level and three members. Out of three not less than two
members are from employees committed to the cause of women and one member
from amongst non-governmental organization. However, at least one half of the
total members shall be women. The Presiding officer and members shall hold for a
period not exceeding three years.
Section 9 of the Act provides that the aggrieved woman may make in writing
a complaint of sexual harassment at workplace before Internal Committee or Local
Committee within three months from the date of incident. However, such time
period may be extended not exceeding three months under certain circumstances
which prevented the women from filing the complaint. Before initiating inquiry,
Internal Committee or Local Committee shall take steps to settle the matter
between aggrieved woman and respondent through conciliation. Where the
respondent is an employee, the Local Committee shall, if prima facie case exists,
forward the complaint to the police within seven days for registering the case under
section 509 of Indian Penal Code, 1860. The inquiry under section 11 shall be
completed within a period of 90 days.
In order to protect the identity of the victim, the statute imposes obligation upon all
concerned person not to publish, communicate or made known to the public, press
or media, the contents of the complaint, identity and address of the aggrieved
woman, respondent and witnesses. Contravention of this provision attracts penalty
under section 17 of the Act. As a remedial measure any person aggrieved by the
recommendation made under section 13, 14 or 17 may prefer an appeal to the
Court or Tribunal within 90 days of the recommendations.
Every offence under this Act shall be non-cognizable which shall be tried by
the Court of Metropolitan Magistrate or Judicial Magistrate of first Class.
In Shanta Kumar V CSIR & Ors (2018, Del), it was held by the High
Court of Delhi that as long as a physical tough or approach is made in the course of
sexually suggestive behaviour, it constitutes sexual harassment. Even if unwanted,
a simple incidental touch would not constitute sexual harassment. Even if the
occurrence in question was derogatory in nature, it would not meet the criteria for
sexual harassment in this case.