Sexual Harassment at Workplace — Basic Structure

Basic Structure

The framework developed from Vishaka in 1997 to the statutory POSH Act in 2013. Vishaka connected protection to constitutional rights and supplied guidelines before legislation occupied the field. Apparel Export Promotion Council v. A. K. Chopra in 1999 rejected the narrow view that actual physical assault or touch was necessary for the misconduct established in that case.

The Act creates Internal Committee arrangements and a Local Committee route for the circumstances in section 6, including establishments with fewer than ten workers and complaints against the employer. Choosing the correct forum is an access issue, not merely a matter of organisational terminology. The statutory coverage should be read instead of assuming that every complainant must be a permanent employee.

Section 9 ordinarily provides three months for a complaint, with a possible further period up to three months for recorded reasons under the stated conditions. Assistance is available where the complaint cannot be made in writing. Conciliation under section 10 depends on the aggrieved woman's request and cannot be based on monetary settlement.

Inquiry and support must preserve fair procedure. Section 14 distinguishes inability to substantiate a complaint from established malicious intent. Aureliano Fernandes in 2023 addressed procedural defects while also directing stronger implementation, committee information and training. The lesson is to make the process accessible and fair, rather than choose between protection and reliable adjudication.