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CS Executive · Setting Up of Business, Industrial and Labour Laws · Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Priya, an employee, has died after an alleged incident of harassment, and no complaint was filed. Under section 9 of the POSH Act, 2013, who may make the complaint?

Her legal heir or another prescribed person may file the complaint. Section 9(2) allows this where the aggrieved woman cannot complain because of incapacity, death or otherwise, so her death does not extinguish the right to seek redressal under the Act.

  1. ANo one, as the complaint right ends with her death
  2. BHer legal heir or such other person as may be prescribedCorrect
  3. COnly the employer of the deceased
  4. DOnly the police on a suo motu basis

Explanation

Section 9(2) provides that where the aggrieved woman cannot complain because of physical or mental incapacity, death or otherwise, her legal heir or another prescribed person may make the complaint. The right does not lapse on death.

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