What Happens After a POSH Complaint? Inquiry and Punishment Explained (Sections 11 to 14 Of POSH Act)

This article is written by Atishay Jain, a former UPSC aspirant and a core member of the ApniLaw team. With a keen interest in public law and workplace rights, he brings clarity to complex legal topics like the POSH Act. For any personal queries or suggestions, feel free to reach out to us through our official channel.

The POSH (Prevention of Sexual Harassment) Act ensures a safe working environment for women. Sections 11 to 14 detail how inquiries are handled, actions during the inquiry, and the consequences based on findings. The term ‘inquiry’ under the POSH Act, 2013 refers to the formal investigation process carried out by the Internal Committee (IC) or Local Committee (LC) after receiving a complaint of sexual harassment at the workplace. The POSH Act mandates an inquiry when a written complaint is filed.

What Is The Inquiry Process by Committees Under Section 11 Of POSH Act?

• The Internal or Local Committee must follow service rules of the respondent’s organization.
• If no service rules exist, the inquiry will follow prescribed procedures.
• If the respondent is a domestic worker, and there’s a prima facie case, the complaint goes to the police within 7 days under IPC Section 509.
• If settlement terms (under Section 10) are breached, the Committee must restart the inquiry or forward the case to the police.

When both parties are employees:

• Both get a chance to be heard.
• Both receive a copy of the findings.
• Both can submit their representation against the findings.
• Upon conviction, the court may order compensation to the aggrieved woman under Section 15.

Committees have civil court powers:

• Summon and examine witnesses.
• Request documents.
• Take other necessary actions as prescribed.
• The inquiry must finish within 90 days.

What Is The Interim Relief During Inquiry Under Section 12 Of POSH Act?

• Aggrieved women can request interim relief during the inquiry.
• Transfer either party to another workplace.
• Grant up to 3 months’ leave to the aggrieved woman.
• Provide any other prescribed relief.
• Leave granted is in addition to regular entitlements.
• Employer must implement: recommendations and report back to the Committee.

What Are Post-Inquiry Actions and Recommendations Under Section 13 Of POSH Act?

• Committee must submit its findings to the employer or District Officer within 10 days.
• Findings must also be shared with both parties.

If no harassment is proven:

• Committee recommends no action.

If harassment is proven:

• Committee recommends action as per service rules or prescribed methods.
• Committee may recommend salary deduction for compensation.
• If salary deduction isn’t possible, respondent must pay directly.
• If the respondent fails to pay, the Committee may seek recovery as land revenue.
• Employers or District Officers must act on recommendations within 60 days.

What Is The Action for False or Malicious Complaints Mentioned Under Section 14 Of POSH Act?

Committee may recommend action against complainants if:

• Allegation is found to be malicious.
• Complaint is knowingly false.
• Forged or misleading documents are submitted.

However:

• Lack of proof alone isn’t grounds for action.
• Malicious intent must be proven after a proper inquiry.

Committee may also act against witnesses who:

• Give false evidence.
• Submit forged or misleading documents.
• Action must follow applicable service rules or prescribed methods.

Relevant Case Laws

1. Global Health Pvt. Ltd. & Mr. Arvinder Bagga v. Local Complaints Committee, District Indore and Others (2020)
   Context: The Madhya Pradesh High Court addressed the procedural aspects of the inquiry process under Section 11.

• Key Takeaway: The court emphasized that the Internal Committee must adhere strictly to the procedures laid out in the POSH Act to ensure a fair and unbiased inquiry.
• Relevance: Highlights the importance of following prescribed procedures during inquiries to uphold the integrity of the process.

2. Anita Suresh v. Union of India & Others (2019)
   Context: This case dealt with the misuse of the POSH Act by filing a false complaint.

• Key Takeaway: The Delhi High Court ruled that the complainant had filed a malicious complaint, and as per Section 14, recommended action against her.
• Relevance: Demonstrates the Act’s provision to deter and penalize false or malicious complaints, ensuring the law is not misused.

More Case Laws

3. Jaya Kodate v. Rashtrasant Tukdoji Maharaj Nagpur University (2014)
   The Bombay High Court examined the responsibilities of the employer under the POSH Act.

• The court held the university accountable for not constituting an Internal Committee, thereby failing to provide a mechanism for redressal.
• Underlines the employer’s duty to establish an Internal Committee as mandated by the Act.

4. Sapana Korde Nee Ketaki A. Ghodinde v. The State of Maharashtra and Others (2019). This case focused on the procedural aspects and timelines of the inquiry process.

• The Bombay High Court emphasized the necessity of completing inquiries within the stipulated 90-day period as per Section 11(4).
• Reinforces the importance of adhering to timelines to ensure timely justice for the aggrieved.

5. Vishaka and Others v. State of Rajasthan (1997). Although predating the POSH Act, this landmark Supreme Court judgment laid the foundation for the Act.

• The court established the Vishaka Guidelines, which mandated employers to provide a safe working environment and set up mechanisms to address sexual harassment.
• Served as the catalyst for the enactment of the POSH Act, emphasizing the need for legal frameworks to address workplace sexual harassment.

Conclusion

Sections 11 to 14 of the POSH Act provide a structured and fair process to handle sexual harassment complaints. They ensure protection for genuine victims while deterring misuse. The law empowers committees with authority and timelines to ensure timely justice and a safer workplace.