“Aggrieved Woman” under the PoSH Act
An aggrieved woman can file a complaint with the Internal Committee or the Local Committee in respect of any kind of sexual harassment faced by her at a workplace.
An understanding of this term “Aggrieved woman” gives us an idea about the wide protection provided by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This term is defined Section 2 (a) of this Act.
The term Aggrieved Woman in respect of a workplace means any woman of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the Respondent. The section further explains that in respect of a dwelling house, any woman employed in such dwelling house shall be considered as aggrieved women, irrespective of her age, who alleges to have been subjected to any act of sexual harassment. So, while in case of a dwelling house, being employed in the house is necessary criterion to be able to file a complaint of sexual harassment, in case of any other workplace, being employed there is not at all a criterion.
An aggrieved woman need not be an employee. Any woman present at a workplace can seek recourse and file a complaint under the PoSH law, if she feels sexually harassed at such workplace. There was detailed discussion about who all shall be included in the term aggrieved woman when the law was being drafted. Considering the possibility of third-party harassment as well as various relationships at any workplace, it was decided to remove the qualifier of being an employee and the term “whether employed or not” was inserted as part of the definition.
Thus, the term aggrieved woman includes patients in hospital, students or research scholars in colleges and universities, trainers at the sports establishments, apprentices and volunteers not working for payments etc. She can even be a customer or a visitor to the workplace.
The lawmakers considered the possibility that not only working women but teenage girls, young women as well as older women can be subjected to harassment in any workplace, irrespective of their age. Therefore, woman of any age was included in the definition.
This Act is not gender neutral. Therefore, men or transgender cannot file a complaint of sexual harassment under the PoSH law as an aggrieved person. However, an organization can introduce a gender-neutral PoSH policy and make available to all its employees a forum to raise complaints of sexual harassment.
Adv. Sayali Ganu Dabake
Founder Partner
LexonomiX
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