(1) During the pendency of an inquiry, on a written request made by the aggrieved woman, the Internal Committee or the Local Committee, as the case may be, may recommend to the employer to—
(a) transfer the aggrieved woman or the respondent to any other workplace; or
(b) grant leave to the aggrieved woman up to a period of three months; or
(c) grant such other relief to the aggrieved woman as may be prescribed.
(2) The leave granted to the aggrieved woman under this section shall be in addition to the leave she would be otherwise entitled.
(3) On the recommendation of the Internal Committee or the Local Committee, as the case may be, under sub-section (1), the employer shall implement the recommendations made under sub-section (1) and send the report of such implementation to the Internal Committee or the Local Committee, as the case may be.
Legal Commentary & Landmark Judgments: Section 12
Section 12 equips the Internal Committee or Local Committee with crucial interim protective powers to safeguard the aggrieved woman during the pendency of the inquiry.
Mandatory interim transfers or additional paid leave prevent the respondent from exerting hierarchical leverage.
Interim relief under Section 12 is vital to the survival of POSH proceedings. Complainants often face severe workplace ostracization, adverse appraisals, or career threats upon filing a complaint. Mandatory interim transfers or additional paid leave prevent the respondent from exerting hierarchical leverage.