Source: Supreme Court 

Why in News? 

Recently, the Supreme Court in the matter of Ms. X v. Union of India & Othrs.  has held that Copy of Inquiry report must be given to the complainant to comply with the proper procedure under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH). 

What was the Background of MS. X v. Union of India & Othrs. Case?   

• The case involves a female Constable serving in the Border Security Force (BSF) who filed a sexual harassment complaint against a senior officer.  
• Initial Complaint and First Inquiry: 
  • The petitioner (Constable) made a sexual harassment complaint against a BSF officer. 
  • An initial inquiry was conducted under the POSH Act. 
  • This first inquiry resulted in no action, and the accused officer was discharged of all charges. 
• Subsequent Proceedings: 
  • The matter was escalated to the Inspector General. 
  • A General Security Force was constituted to conduct a fresh inquiry. 
  • This time, the inquiry was conducted under the Border Security Force Act, 1968 BSFA) 
• After a detailed investigation, the following punishments were awarded to the accused officer: 
  • 89 days of rigorous imprisonment 
  • Forfeiture of 5 years of service for promotion purposes 
  • Forfeiture of 5 years of past service for pension purposes  
• Post-Punishment Scenario: 
  • The punishments were implemented. 
  • The accused officer did not file an appeal against the order. 
  • The petitioner was dissatisfied with the punishment and felt that proper procedures under the POSH Act were not followed. 
• Aggrieved by the decision the present writ petition is filed before the Supreme Court. 

What were the Court’s Observations? 

• The Supreme Court observed that:  
  • Procedural Violation 
    • The court noted a clear violation of Section 13(1) of the POSH Act. 
    • The Inquiry Report was not provided to the petitioner, which is mandatorily required to be shared with "concerned parties" 
    • The court considered the petitioner (victim) as a "concerned party" who should have received the report 
  • Punishment Assessment 
    • The court observed that punishment had already been given to the accused employee 
    • The court felt the existing punishment "meets the ends of justice" 
    • No further action was deemed necessary beyond addressing the procedural violation 
  • Penalty for Non-Compliance 
    • The court imposed a penalty of Rs. 25,000 on the BSF 
    • This penalty was to be directly given to the petitioner 
    • The penalty was specifically for violating Section 13 of the POSH Act. 
• The Supreme Court did not find need for any additional actions or intervention the existing punishments were considered sufficient 

What is Sexual Harassment at Workplace? 

• Any sort of unwelcome sexual advance, unwelcome request for sexual favors or any other unwelcome conduct of a sexual nature that makes a person feel offended, humiliated or intimidated can be considered sexual harassment. 

What is Section 13 of the POSH Act? 

This section states about the Inquiry Report.

• Submission of Inquiry Report (Subsection 1) 
  • Reporting Responsible Entities 
    • Internal Committee 
    • Local Committee  
  • Submission Requirements 
    • Submit report of findings to: 
      • Employer 
      • District Officer 
    • Timeframe: Within 10 days of inquiry completion 
    • Mandatory disclosure to all concerned parties 
• Findings and Recommendations (Subsection 2) 
  • Negative Finding Scenario 
    • If allegation against respondent is not proved 
    • Recommendation: No action required 
    • Communicated to: 
      • Employer 
      • District Officer 
• Findings and Recommendations (Subsection 3) 
  • Positive Finding Scenario 
    • If the allegation against respondent is proved. 
    • Recommendations to employer/District Officer: 
      • Disciplinary Action 
        • Take action for sexual harassment as misconduct 
        • Apply service rules applicable to respondent 
        • If no service rules exist, follow prescribed manner 
      • Financial Compensation 
        • Deduct appropriate sum from respondent's salary 
        • Payment to: 
          • Aggrieved woman 
          •  Legal heirs of aggrieved woman 
  • Special Provisions for Compensation 
    • If employer cannot deduct salary due to: 
      • Respondent's absence from duty 
      • Cessation of employment 
      • Alternative: Direct respondent to pay sum 
  • Recovery Mechanism 
    • If respondent fails to pay: 
      • Committee can forward order for recovery 
      • Recovery treated as land revenue arrears 
      • Processed through concerned District Officer 
• Implementation Timeline (Subsection 4) 
  • Employer/District Officer must act on recommendations 
  • Timeframe: Within 60 days of receiving report 

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