Who is an Aggrieved Woman Under PoSH? Clarifying Rights for Domestic Workers, Interns & Visitors

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the 'PoSH Act') defines an 'aggrieved woman' in Section 2(a) as 'any woman, of any age, whether employed or not, who alleges to have been subjected to any act of sexual harassment.' This broad definition is the cornerstone of the Act's protective ambit.

The key elements here are 'any woman' and 'whether employed or not.' This explicitly extends the Act's protection beyond traditional employees, encompassing a wider spectrum of individuals who may find themselves in a workplace setting.

While the term 'domestic worker' might initially evoke images of private homes, the PoSH Act's applicability can extend to situations where domestic workers are engaged in activities related to a workplace. For instance, if a domestic worker is employed by an organisation to maintain its premises or provide services that directly benefit the workplace operations, and they experience sexual harassment by an employee or respondent connected to the workplace, they can be considered an 'aggrieved woman' under the Act.

Section 2(o) of the PoSH Act defines 'workplace' broadly to include any place visited by the employee arising out of or during the course of employment, including the provision of board, lodging, or any other facility, whether directly or indirectly provided by the employer. This expansive definition can bring domestic workers engaged in workplace-related activities within the purview of the Act.

Interns, regardless of whether they receive a stipend or are considered formal employees, are unequivocally covered under the PoSH Act. The Act's definition of an 'aggrieved woman' as 'any woman, of any age, whether employed or not' directly includes interns. Interns often find themselves in a vulnerable position due to their temporary status and desire to make a good impression, making them susceptible to exploitation.

Section 2(n) of the PoSH Act defines 'workplace' to include any place visited by the employee arising out of or during the course of employment. This clearly encompasses the premises where an intern performs their duties. Therefore, any sexual harassment faced by an intern at the workplace by any person connected to the workplace falls under the Act's jurisdiction, and the intern qualifies as an 'aggrieved woman'.

The PoSH Act also extends its protective umbrella to visitors who may experience sexual harassment while on the employer's premises. A 'visitor' could include clients, vendors, delivery personnel, or any other individual legitimately present at the workplace. The Act's broad definition of 'aggrieved woman' and 'workplace' ensures that such individuals are not left unprotected.

Section 2(o) of the PoSH Act defines 'workplace' to include any place visited by the employee arising out of or during the course of employment. While the primary focus is on employees, the spirit and intent of the Act, coupled with the broad definition of 'aggrieved woman,' suggest that any woman who is present at the workplace in a legitimate capacity and experiences sexual harassment by someone connected to that workplace can seek redressal. The Internal Committee (IC) or Local Committee (LC) would need to assess the specific circumstances to determine jurisdiction, but the potential for coverage is significant.

Regardless of the status of the woman – be it a domestic worker, intern, or visitor – if she alleges sexual harassment occurring within the ambit of the workplace, the employer has a statutory duty to address the complaint. This involves constituting an Internal Committee (IC) as per Section 4 of the PoSH Act, which is equipped to receive and inquire into complaints. If an IC is not constituted, the aggrieved woman can approach the Local Committee (LC) as per Section 7 of the Act.

The employer must ensure that a safe and conducive environment is maintained for all individuals present at the workplace. This includes implementing robust PoSH policies, conducting regular awareness training for all personnel, and ensuring that the IC functions effectively and impartially. Embar Legal Advocates, with its specialization in PoSH advisory, can assist organisations in navigating these complex compliance requirements and establishing effective redressal mechanisms.