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Predicted Questions with Model Answers
Q1 (5 marks — 50 words): What is "sexual harassment" under the Sexual Harassment of Women at Workplace Act 2013? State five forms listed in the Act.
Model Answer:
Under Section 2(n) POSH Act 2013, sexual harassment means any unwelcome act of sexual nature — directly or by implication. Five forms: (1) Physical contact and advances; (2) demand or request for sexual favours; (3) making sexually coloured remarks; (4) showing pornography; (5) any other unwelcome physical, verbal, or non-verbal conduct of sexual nature. It also includes implied promises of preferential treatment or threats creating a hostile work environment.
Word count: 53 words EN
Q2 (5 marks — 50 words): What is the composition of the Internal Complaints Committee (ICC) under POSH Act 2013? Why is an external member mandatory?
Model Answer:
Under Section 4 POSH Act 2013, every employer with 10+ employees must constitute an ICC at each branch. Composition: (1) Presiding Officer — senior woman employee; (2) Two or more members — from employees (preferably women-oriented); (3) One mandatory external NGO member — from an NGO dealing with women's issues. At least half members must be women. External member is mandatory to ensure independence and objectivity — preventing employer dominance in proceedings involving employer's own employees.
Word count: 53 words EN
Q3 (5 marks — 50 words): What is the significance of the Vishaka judgment (1997) in the context of sexual harassment law in India?
Model Answer:
Vishaka v. State of Rajasthan (1997) arose from Bhanwari Devi's gang-rape in Rajasthan — a social activist attacked for preventing child marriage. The Supreme Court's Constitution Bench: (1) defined sexual harassment for the first time in Indian law; (2) imposed employer duties — safe workplace, complaint mechanism, awareness; (3) declared these Vishaka Guidelines as binding law under Articles 14, 15, 19(g), 21, and CEDAW — serving as law for 16 years until POSH Act 2013.
Word count: 52 words EN
Q4 (5 marks — 50 words): Distinguish between the Internal Complaints Committee (ICC) and the Local Complaints Committee (LCC) under POSH Act 2013.
Model Answer:
ICC (Section 4): Constituted by employers with 10 or more employees at each workplace; presided by senior woman employee; mandatory external NGO member; handles complaints within that organisation. LCC (Section 6): Constituted by District Officer for each district; covers workplaces with fewer than 10 employees or complaints against the employer himself; chaired by eminent woman from social work field. LCC ensures protection even in unorganised sector where employers cannot form ICCs.
Word count: 52 words EN
Q5 (5 marks — 50 words): What are the employer's obligations under Section 19 of the POSH Act 2013?
Model Answer:
Under Section 19 POSH Act 2013, employer must: (1) provide a safe working environment; (2) display penal consequences of sexual harassment at a conspicuous place; (3) organise regular awareness workshops for employees and ICC members; (4) assist the aggrieved woman if she files a criminal complaint under BNS/IPC; (5) treat sexual harassment as misconduct in service rules and act accordingly; (6) ensure ICC submits annual reports. Non-compliance attracts ₹50,000 fine under Section 26.
Word count: 52 words EN