Interim Relief under the POSH Act: Section 12

An inquiry can take up to ninety days, and the woman may have to keep working with or under the respondent during that time. Section 12 lets the committee recommend relief while the inquiry is pending: transfer, extra leave, or relief prescribed in Rule 8. Relief starts with her written request, and the employer must carry out the recommendation and report back. This note covers section 12, Rule 8 and the Supreme Court's warning against retaliatory transfers.

1. The Scheme of Section 12

Figure 1: Section 12

• Section 12(1). During the pendency of an inquiry, on a written request by the aggrieved woman, the committee may recommend relief to the employer.
• Section 12(2). Leave granted under this section is in addition to the leave she would otherwise be entitled to.
• Section 12(3). On a recommendation, the employer shall implement it and send a report of implementation to the committee.

2. The Reliefs

Figure 2: Section 12(1) and Rule 8

• Transfer, s.12(1)(a). Transfer of the aggrieved woman or the respondent to any other workplace.
• Leave, s.12(1)(b). Leave to the aggrieved woman of up to three months.
• Other relief, s.12(1)(c). Such other relief as may be prescribed, which Rule 8 supplies.
• Rule 8(a). Restraining the respondent from reporting on her work performance or writing her confidential report, and assigning that to another officer.
• Rule 8(b). In an educational institution, restraining the respondent from supervising any academic activity of the aggrieved woman.

3. Key Features

• Her request. Relief begins only on the woman's written request; the respondent cannot invoke s.12.
• Discretion. The committee 'may' recommend; it weighs the request against the facts.
• Binding on employer. Once recommended, the employer 'shall' implement and report; it has no discretion to refuse.
• Not a finding. Interim relief protects the woman and the inquiry; it does not decide whether the allegation is proved.

4. Transfer Must Not Become Retaliation

Figure 3: Punjab and Sind Bank v Durgesh Kuwar

Section 12 allows the woman to ask for a transfer, either her own or the respondent's. Punjab and Sind Bank v Durgesh Kuwar (2020) shows the opposite danger: an employer using transfer to punish a woman who has complained. A bench of Chandrachud and Rastogi JJ held the transfer of a Chief Manager, who had reported irregularities and accused a Zonal Manager of sexual harassment, to be retaliatory and mala fide, and upheld the High Court's order quashing it.

5. Frequently Asked Questions

Can the respondent be transferred during a POSH inquiry?

Yes. On the aggrieved woman's written request, the committee may recommend under s.12(1)(a) that the respondent, or the woman herself, be transferred to another workplace. The employer must implement the recommendation.

Is leave under section 12 deducted from the woman's leave account?

No. Section 12(2) states that leave granted under the section is in addition to the leave she would otherwise be entitled to.

Can the committee grant interim relief on its own?

No. Section 12(1) makes a written request by the aggrieved woman the starting point. Without it, the committee cannot recommend relief under the section.

Can the employer refuse a recommendation for interim relief?

No. Section 12(3) states that the employer shall implement the recommendation and send a report of its implementation to the committee.

6. Related Topics

• Topic 11: Inquiry into a Complaint, Section 11. The inquiry during which relief operates.
• Topic 14: Inquiry Report and Action, Section 13. What follows the inquiry.
• Topic 19: Duties of Employer, Section 19. The employer's wider obligations.