POSH Act Definitions: Aggrieved Woman, Employee, Employer

The reach of the POSH Act depends on its definitions. Section 2 decides who may complain, who counts as an employee and an employer, who may be complained against, and which Government is responsible. The definitions are deliberately wide: protection does not depend on a formal employment contract, and the employer includes anyone who manages a workplace or employs a domestic worker. This note covers the definitions most relevant to the Act's operation, leaving sexual harassment and workplace to Topics 4 and 5.

1. Key Definitions

Figure 1: Section 2

• Aggrieved woman, s.2(a). (i) In relation to a workplace, a woman of any age, whether employed or not, who alleges that she was subjected to sexual harassment by the respondent; (ii) in relation to a dwelling place or house, a woman of any age employed there.
• Beyond employees. A student, customer, visitor, client, patient or intern harassed at a workplace is an aggrieved woman, even though she is not employed there.
• Employee, s.2(f). A person employed at a workplace for any work on a regular, temporary, ad hoc or daily wage basis, directly or through an agent or contractor, with or without the principal employer's knowledge, whether for remuneration or not, or working voluntarily, and includes a co-worker, contract worker, probationer, trainee and apprentice.
• Domestic worker, s.2(e). A woman employed to do household work in any household for remuneration in cash or kind, directly or through an agency, on any basis, but not a member of the employer's family.

2. Employer

Figure 2: Four limbs of s.2(g)

• Why it matters. The employer must constitute the Internal Committee, act on its report, and discharge the duties in s.19. Where the complaint is against the employer, it goes to the Local Committee (s.6)
• Management. For private workplaces, 'management' includes the person, board or committee that frames and administers the organisation's policies.

3. Respondent and Other Terms

• Respondent, s.2(m). The person against whom the aggrieved woman has made a complaint under s.9. The definition is not limited by gender, employment or seniority: a colleague, superior, client or visitor may be a respondent.
• Dr Malabika Bhattacharjee v Internal Complaints Committee, Vivekananda College (2020). The Calcutta High Court held that a complaint under the Act is maintainable against a respondent of the same gender, since 'respondent' is not confined to men.
• Appropriate Government, s.2(b). The Central Government for workplaces it establishes, owns, controls or wholly or substantially finances, and for Union territory administrations; the State Government for other workplaces in its territory.
• Committees and officers. Internal Committee (s.2(h)) and Local Committee (s.2(i)) mean the committees under ss.4 and 6; the Presiding Officer heads the Internal Committee and the Chairperson the Local Committee; the District Officer is the officer notified under s.5.

4. Frequently Asked Questions

Can a student or a visitor file a complaint under the POSH Act?

Yes. Under s.2(a)(i), an aggrieved woman in relation to a workplace is a woman of any age, whether employed or not, who alleges sexual harassment by the respondent. Employment at the workplace is not required.

Can a woman be a respondent under the POSH Act?

Yes. 'Respondent' in s.2(m) means the person against whom the complaint is made and is not limited to men. The Calcutta High Court so held in Dr Malabika Bhattacharjee v ICC, Vivekananda College (2020).

5. Related Topics

• Topic 4: Sexual Harassment: Meaning and Circumstances. Section 2(n) and section 3.
• Topic 5: Workplace: Meaning and Extended Scope. Section 2(o)