ntroduction: Upholding Dignity in the Workplace
Sexual harassment in professional environments constitutes a grave violation of fundamental rights to equality, dignity, and safe working conditions. In Punjab and Haryana, despite robust legal protections, many victims hesitate to come forward due to systemic barriers. This guide provides authoritative legal information for employees, employers, and HR professionals navigating these sensitive matters.
Legal Framework: The POSH Act, 2013
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 establishes India’s primary mechanism for addressing workplace harassment. Key provisions include:
- Mandatory Internal Complaints Committees (ICCs) for organizations with 10+ employees
- Defined timelines for complaint resolution
- Protection against retaliation for complainants
- Employer liability for non-compliance
Recognizing Sexual Harassment: Legal Definitions
Under Section 2(n), prohibited conduct includes:
- Physical contact and advances with sexual undertones
- Demand or request for sexual favors
- Sexually colored remarks
- Display of pornography
- Any unwelcome verbal/non-verbal conduct of sexual nature
Note: The Supreme Court in Vishaka v. State of Rajasthan (1997) established that even a single incident may constitute harassment if sufficiently severe.
Jurisdictional Scope
The Act applies to:
- All organized sectors (private/public/NGOs)
- Educational institutions
- Healthcare facilities
- Domestic workplaces
- Unorganized sectors through Local Complaints Committees
Protected individuals include:
- Regular and contractual employees
- Interns and trainees
- Visitors and clients in workplace contexts
Redressal Mechanisms in Punjab & Haryana
1. Internal Complaints Committee (ICC) Process
- Filing Requirements:
- Written complaint within 3 months (extendable)
- Supporting evidence (electronic/forensic/witness)
- Procedure:
- Preliminary assessment within 7 days
- Inquiry completion within 90 days
- Implementation of recommendations within 60 days
2. Local Complaints Committee (LCC) Option
For unorganized sectors or ICC non-compliance, approach:
- District Social Welfare Officer
- Women and Child Development Department
Key LCC locations:
- Chandigarh, Mohali, Panchkula
- Ludhiana, Amritsar
- Gurugram, Faridabad, Hisar
Criminal Remedies Under IPC
Severe cases warrant parallel police action under:
- Section 354: Outraging modesty
- Section 354A: Sexual harassment
- Section 354D: Stalking
- Section 509: Word/gesture intended to insult modesty
Legal Recourse for Inadequate Redressal
When institutional mechanisms fail:
- Writ Jurisdiction: Article 226 petitions before Punjab & Haryana High Court
- Labour Courts: For employment-related grievances
- Commissions:
- Punjab State Commission for Women
- Haryana State Commission for Women
- National/State Human Rights Commissions
Complainant Rights & Employer Obligations
Guaranteed Protections:
- Confidentiality safeguards
- Protection from retaliation
- Right to fair investigation
- Appeal rights within 90 days
Employer Liabilities:
- ₹50,000 fine for non-compliance
- Business license cancellation for repeat offenses
- Vicarious liability for damages
Professional Legal Support
Our practice specializes in:
- POSH complaint drafting and representation
- ICC/LCC procedural guidance
- Criminal complaint assistance
- Writ petitions for enforcement
- Corporate POSH policy formulation
Conclusion: Asserting Your Rights
The legal framework provides multiple avenues for redressal. Victims should:
- Document incidents meticulously
- Seek legal counsel early
- Utilize appropriate complaint mechanisms
- Pursue parallel remedies when necessary
For Legal Assistance:
B S Makar, Advocate
Punjab & Haryana High Court Jurisdiction
📞 +91-9878131111
🌐 www.makarlaws.com
Specializing in Workplace Harassment Litigation & Compliance
Disclaimer: This content constitutes general information, not legal advice. Consult an attorney for case-specific guidance.
