Legal Remedies for Domestic Workers under the POSH Act: A Legal Framework Analysis

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which is popularly known as the POSH Act is generally believed to protect the employees working at some organised workplace but the fact is that it even establishes a comprehensive legal framework protecting domestic workers against sexual harassment. This legislation draws its foundation from the Convention on Elimination of All Forms of Discrimination against Women (CEDAW), which was signed by India in the year 1980 and Article 21 of the Indian Constitution, which guarantees the right to life with dignity, along with Articles 14 & 15, which ensure equality and non-discrimination.

Legal Definition and Scope

1. Definition of Domestic Worker

Under Section 2(e) of the Act, a domestic worker is defined as:

• A woman employed to do household work
• Working in any household for remuneration, whether in cash or in other kinds,
• Employment may be direct or through an agency
• Includes temporary, part-time, or full-time workers
• Excludes family members of the employer

2. Definition of Workplace

Section 2(v) specifically includes households within the definition of ‘workplace’ extending to:

• Main household premises
• Additional properties where domestic work is performed
• Any location visited by the domestic worker during employment

Legal Remedies and Procedural Framework

1. Process of filing complaint

Under Section 9 of the Act:

• Complaints must be filed in writing to the Local Committee.
• Timeline: Within 3 months of incident or the last incident if it is a continuing one.
• Extension of the limitation period is also possible for upto additional 3 months by the court if it finds that the situation was such which could have prevented the women from filing the complaint within 3 months from the incident.
• Six copies of the complaint have to be submitted to the Local Committee.
• Supporting documents and witness list is also required to be submitted along with the complaint.

2. Local Complaints Committee Structure

As per Section 7:

• Chairperson (an eminent woman): Nominated from the field of social work or the one who is committed to the cause of women.
• One member from women working in block/taluka/tehsil or a ward or municipality in the district.
• Two members appointed from an NGO or an association committed to the cause of women or familiar with the issues of sexual harassment, of whom at least one should be having a legal background, and at least one should be a woman from the SC, ST, OBC or the minority community.
• One member who is ex-officio, from amongst the officers of the Social Welfare or the Women & Child Development Department in the district.

3. The Process Ahead

Section 10 of the Act provides that on the request of the aggrieved woman, a conciliation process has to be initiated where money shall not be the basis of settlement; and in case the settlement turns out to be successful, there shall not be any further inquiry by the Local Committee in that matter.

Section 11 mandates that in case the settlement under Section 10 does not takes place or it turns out of no positive outcome, then the Local Committee will forward the complaint to the Police in order to get it registered under Section 509 of the IPC (now Section 79 of the BNS, 2023) which provides the punishment for an intentional insult of the woman’s modesty through words, gestures etc.; moreover, the Local Committee has the power to inquire into the matter itself or it may forward the complaint to the police if the terms of settlement is not complied with by the employer. Other provisions related to the inquiry are:

• Inquiry has to be completed within 90 days.
• Principles of natural justice must be followed.
• Both parties must be given opportunity to be heard.
• Detailed documentation of proceedings should be done.
• Right to legal representation is not explicitly granted but is permitted.

4. Compensatory Remedies

Section 13 provides for:

• Monetary compensation to be determined on the following factors:
  • Mental trauma suffered
  • Loss of career opportunity
  • Medical expenses incurred
  • Income status of respondent
  • Feasibility of payment

• Forms of compensation:
  • Lump sum payments
  • Monthly instalments

5. Criminal Proceedings Interface

Along with a complaint filed under this Act, the aggrieved woman may also file a separate complaint or register an FIR for the proceedings under:

• IPC Section 354A (Sexual Harassment)
• IPC Section 354B (Assault with intent to disrobe)
• IPC Section 354C (Voyeurism)
• IPC Section 354D (Stalking)

This enhanced legal framework under the POSH Act provides robust protection for domestic workers, though its effectiveness depends significantly on proper implementation and awareness. The procedure ensures a structured approach to addressing sexual harassment complaints while maintaining confidentiality and ensuring justice.

Contributed by – Adv. Shivam Mani Tripathi