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Section 21: Committee to submit annual report

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 • Official Statutory Text & Practice Guide

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Act 2013
Section 20 All 30 Sections of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 Section 22

Legal Commentary & Landmark Judgments: Section 21

Section 21 establishes the statutory annual reporting regime for both Internal Committees and Local Committees, mandating the compilation and submission of annual compliance and complaint disposal reports to employers, District Officers, and State Governments to secure institutional transparency and legislative oversight.

  • Mandatory Preparation of Annual Reports by IC and LC: Section 21(1) mandates that every Internal Committee (IC) and Local Committee (LC) shall, in each calendar year, prepare an annual report in such form and at such time as prescribed under Rule 14 of the POSH Rules, 2013, and submit it to both the employer and the District Officer.
  • Prescribed Statutory Metrics under Rule 14: Pursuant to Rule 14, the annual report must detail: (a) number of sexual harassment complaints received during the year; (b) number of complaints disposed of; (c) number of cases pending for more than ninety days; (d) number of workshops or awareness programs organized; and (e) nature of action taken by the employer or District Officer.
  • District-to-State Aggregation and Escalation: Section 21(2) obligates the District Officer to compile and forward a consolidated brief report on all annual reports received from ICs and the LC within the district to the State Government, enabling statewide legislative and policy monitoring.
Key Landmark Precedents:
  • Initiative for Inclusion Foundation v. Union of India (2023 SCC OnLine SC 1361): The Supreme Court ruled that annual reporting under Section 21 read with Rule 14 is a mandatory statutory mechanism for verifying compliance; directed State WCD departments to track annual submissions through centralized digital dashboards and enforce penalties against defaulting entities.
  • Aureliano Fernandes v. State of Goa (2023) 14 SCC 566: The Supreme Court emphasized that non-submission of Section 21 reports indicates institutional concealment and lack of accountability, directing all statutory authorities, universities, and institutions to audit and disclose their POSH annual filings.
  • Punjab National Bank v. Astam Ghosh (2019 SCC OnLine Cal 1832): The Calcutta High Court observed that failure by an establishment's IC to submit annual reports creates an adverse inference regarding compliance with statutory safeguards and exposes the employer to penalties under Section 26.
Courtroom Practice & Strategic Litigation Guidance:

IC Presiding Officers and internal legal counsel must ensure that the annual report under Rule 14 is prepared by calendar year-end (or by January 31), duly signed by all committee members, and submitted in duplicate to both company management and the District Officer. Obtain a stamped physical or digital acknowledgment of filing from the District Officer's office. In defense of regulatory audits, this stamped Section 21 receipt serves as conclusive proof of compliance.

Section 20 All 30 Sections of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 Section 22