Protection Of Women From Sexual Harassment Act MCQ Quiz - Objective Question with Answer for Protection Of Women From Sexual Harassment Act - Download Free PDF

The correct answer is 'Both organised and unorganised sectors'

Key Points

• Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013:
  • This Act was enacted to prevent and address sexual harassment of women at the workplace and ensure a safe working environment for all employees.
  • It applies to both organised and unorganised sectors, ensuring inclusivity and protection for women working in varied employment setups.
  • The Act defines a workplace broadly to include government offices, private sectors, NGOs, unorganised labor setups, educational institutions, and even homes where domestic workers are employed.
  • It mandates the formation of an Internal Complaints Committee (ICC) or Local Complaints Committee (LCC) to address complaints of sexual harassment, depending on the nature and size of the workplace.
  • The Act seeks to foster gender equality and uphold the dignity of women by providing legal recourse against workplace harassment.

Additional Information

• Option 1: Unorganised sector only:
  • This is incorrect because the Act is not limited to the unorganised sector; it applies to all sectors, including organised workplaces like corporate offices and government institutions.
  • While the unorganised sector benefits from the provisions of the Act, it is not the exclusive focus.
• Option 2: Organised sector only:
  • This is incorrect as the Act is designed to cover all workplaces, including both organised and unorganised sectors.
  • Limiting the scope to the organised sector would exclude a significant portion of the workforce, such as domestic workers and informal laborers.
• Option 4: Neither organised nor unorganised sectors:
  • This is incorrect because the Act specifically applies to workplaces in both organised and unorganised sectors. It is explicitly designed to address sexual harassment across all professional environments.
  • Excluding all sectors would defeat the purpose of the Act, which aims to protect women universally in their workplaces.

The correct answer is option 1.

Key Points

• Convention on the Elimination of All Forms of Discrimination against Women (CEDAW):
  • CEDAW is an international treaty adopted in 1979 by the United Nations General Assembly.
  • It is often described as an international bill of rights for women, aiming to eliminate all forms of discrimination against women.
  • India ratified CEDAW on 25th June 1993, which obligates it to incorporate the principle of equality of men and women in its legal system.

Additional Information

• Other options explained:
  • 8th March 1995:
    • This date is internationally recognized as International Women's Day, but it is not related to India's ratification of CEDAW.
  • 14th March 1993:
    • This date is not associated with any significant event related to CEDAW and India's commitment to eliminating discrimination against women.
  • 16th December 2013:
    • This date is significant for other reasons, such as the aftermath of the Nirbhaya case in India, which led to amendments in laws related to sexual offenses, but it is not the date of ratification of CEDAW.

The correct answer is Option 4

Key PointsSection 2 (e) of the Sexual Harrasment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:
"domestic worker" means a woman who is employed to do the household work in any household for remuneration whether in cash or kind, either directly or through any agency on a temporary, permanent, part time or full time basis, but does not include any member of the family of the employer

The correct answer is Justice J.S. Verma 

Key Points

•  The Supreme Court's decision in the case of Vishakha v. State of Rajasthan stands as a landmark in the struggle against workplace sexual harassment in India.
• Led by Chief Justice J.S. Verma, the court formulated a set of guidelines designed to prevent and address such harassment effectively.
• This case was triggered by the appalling incident involving Bhanwari Devi, a worker for the Rajasthan government's Women’s Development Project.
• In 1992, she was gang-raped by men who were incensed by her efforts to prevent a child marriage.
• Despite her ordeal, the trial court acquitted the accused, sparking widespread condemnation and prompting action from numerous women's rights organizations, including the NGO Vishakha.
• The injustice faced by Bhanwari Devi, marked by societal apathy and stigma, compelled her to seek redress from the Supreme Court through a writ petition.
• Her courageous stand not only sought justice for herself but also prompted the judiciary to address systemic gender inequalities and establish a framework to safeguard women from sexual harassment at their workplaces.

The correct answer Option 2

Key Points Section 14: Consequences of False or Malicious Complaints and False Evidence

•  If the Internal Committee or Local Committee determines that a complaint is malicious or that the complainant knowingly made false allegations or provided forged or misleading documents, it may recommend action against the complainant.
• This action is in accordance with applicable service rules or as prescribed if no service rules exist.
• However, a mere inability to substantiate a complaint does not automatically lead to action against the complainant.
• Additionally, before recommending action, the Committee must establish malicious intent through an inquiry following prescribed procedures.
• If during the inquiry, any witness is found to have provided false evidence or produced forged or misleading documents, the Committee may recommend action against that witness.
• This action is in accordance with applicable service rules or as prescribed if no service rules exist.

The correct answer is 'Both organised and unorganised sectors'

Key Points

• Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013:
  • This Act was enacted to prevent and address sexual harassment of women at the workplace and ensure a safe working environment for all employees.
  • It applies to both organised and unorganised sectors, ensuring inclusivity and protection for women working in varied employment setups.
  • The Act defines a workplace broadly to include government offices, private sectors, NGOs, unorganised labor setups, educational institutions, and even homes where domestic workers are employed.
  • It mandates the formation of an Internal Complaints Committee (ICC) or Local Complaints Committee (LCC) to address complaints of sexual harassment, depending on the nature and size of the workplace.
  • The Act seeks to foster gender equality and uphold the dignity of women by providing legal recourse against workplace harassment.

Additional Information

• Option 1: Unorganised sector only:
  • This is incorrect because the Act is not limited to the unorganised sector; it applies to all sectors, including organised workplaces like corporate offices and government institutions.
  • While the unorganised sector benefits from the provisions of the Act, it is not the exclusive focus.
• Option 2: Organised sector only:
  • This is incorrect as the Act is designed to cover all workplaces, including both organised and unorganised sectors.
  • Limiting the scope to the organised sector would exclude a significant portion of the workforce, such as domestic workers and informal laborers.
• Option 4: Neither organised nor unorganised sectors:
  • This is incorrect because the Act specifically applies to workplaces in both organised and unorganised sectors. It is explicitly designed to address sexual harassment across all professional environments.
  • Excluding all sectors would defeat the purpose of the Act, which aims to protect women universally in their workplaces.

The correct answer is Option 2

Key Points Recommendations of the Justice Verma Committee on Sexual Harassment at Workplace

• Advocates for the inclusion of domestic workers under the PoSH Act's coverage.
• Suggests implementing a conciliation process to encourage negotiation and agreement between the complainant and respondent initially.
• Proposes that employers be responsible for compensating women who have experienced sexual harassment.
• Recommends the establishment of an Employment Tribunal in place of an Internal Complaints Committee (ICC) within the PoSH Act.

The correct answer is Option 1

Key Points

• The recommendation to include domestic workers within the purview of the PoSH Act was one of the key recommendations made by the Justice Verma Committee.
• This was aimed at extending protection against sexual harassment at the workplace to domestic workers who are often vulnerable to such exploitation but were previously excluded from the coverage of the Act.

The correct answer is Option 4

Key Points Section 2(a) of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 Act provides :

"Aggrieved woman" refers to:
(i) Any woman, regardless of employment status, who alleges to have experienced sexual harassment in a workplace.
(ii) A woman of any age who is employed in a dwelling place or house and alleges sexual harassment.

The correct answer is option 3.Key Points

•  ​Vishakha vs. State of Rajasthan a landmark judgment that led to the enactment of the POSH Act.
• The Supreme Court held that sexual harassment at the workplace violates a woman’s fundamental right to equality and right to life and liberty.

The correct answer is Option 4

Key Points Section 15: Factors Considered in Determining Compensation

When determining the compensation payable to the aggrieved woman under clause (ii) of sub-section (3) of section 13, the Internal Committee or the Local Committee considers the following factors:
The mental trauma, pain, suffering, and emotional distress experienced by the aggrieved woman.
The impact on career opportunities resulting from the incident of sexual harassment.
Any medical expenses incurred by the victim for physical or psychiatric treatment.
The income and financial status of the respondent involved.
The feasibility of making payment in a lump sum or in installments.

The correct answer is Option 2  

Key Points

a) Ensuring timely submission of reports by the Local Committee.
b) Initiating necessary measures to involve non-governmental organizations in raising awareness about sexual harassment and women's rights.

The correct answer is Three months 

Key Points Section 12:  Action during pendency of inquiry.

•  While an inquiry is ongoing, upon written request from the aggrieved woman, the Internal Committee or Local Committee may suggest to the employer to take the following actions:
  •  Transfer either the aggrieved woman or the respondent to a different workplace.
  •  Provide leave to the aggrieved woman for a period of up to three months.
  • Provide any other relief to the aggrieved woman as specified.
• Any leave granted to the aggrieved woman under this section is separate from any other leave entitlements she may have.
•  Upon receiving recommendations from the Internal Committee or Local Committee under subsection (1), the employer must implement these recommendations and report back to the respective committee on the actions taken.

The correct answer is option 3 

Key Points Section 9: Complaint of sexual harassment.

• Any woman who has experienced sexual harassment in the workplace may formally report the incident in writing to the Internal Committee, if established, or to the Local Committee if no Internal Committee exists.
• This report should be made within three months from the date of the incident. In cases of repeated incidents, the report should be filed within three months from the date of the last occurrence.
• If the woman is unable to document the complaint in writing, the Presiding Officer or any Committee member should assist her in doing so.
• Additionally, the Committees have the discretion to extend this time limit by up to three months if they deem it necessary, provided they provide written justification for the extension.
•  In situations where the aggrieved woman is unable to file a complaint due to physical or mental incapacity, death, or other reasons, the complaint may be lodged by her legal heir or any other individual as prescribed by law.

The correct answer is option 2.Key Points

•  Section 27 of The Sexual Harassment Of Women At Workplace (Prevention, Prohibition And Redressal) Act, 2013 deals with Cognizance of offence by courts.
• (1) No court shall take cognizance of any offence punishable under this Act or any rules made thereunder, save on a complaint made by the aggrieved woman or any person authorised by the Internal Committee or Local Committee in this behalf.
• (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.
• (3) Every offence under this Act shall be non-cognizable. 
• Non-Cognizable Act offences are those for which a police officer cannot arrest the accused without a warrant and cannot start an investigation without the court's permission.