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Section 7: Composition, tenure and other terms and conditions of Local Committee

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

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Section 6 All 30 Sections of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 Section 8

Legal Commentary & Landmark Judgments: Section 7

Section 7 establishes the statutory composition, disqualifications, tenure, and conditions of service for the Local Committee (formerly Local Complaints Committee), creating an independent multi-disciplinary quasi-judicial tribunal tasked with adjudicating sexual harassment complaints originating from informal establishments, small enterprises, and cases where the employer is the respondent.

  • Mandatory Multi-Disciplinary Composition & Minority Quotas: Under Section 7(1), the Local Committee is nominated by the District Officer and must comprise: (a) a Chairperson who is an eminent woman in social work and committed to women's causes; (b) one member nominated from women working at the block, taluka, tehsil, ward, or municipality level; (c) two members from NGOs/associations committed to women's causes or familiar with sexual harassment issues, provided at least one nominee possesses a legal background and at least one is a woman belonging to SC, ST, OBC, or a notified minority community; and (d) the concerned district Social Welfare or Women & Child Development officer as ex officio member.
  • Statutory Tenure and Disqualification Criteria: Under Section 7(2), the Chairperson and members hold office for a period not exceeding three years from appointment. Under Section 7(3), mandatory removal and replacement apply where a member: contravenes confidentiality under Section 16; is convicted or faces pending criminal inquiry; is found guilty or faces disciplinary proceedings; or has abused their position prejudicial to public interest.
  • Compensatory Honoraria and Independence Guarantee: Section 7(4) guarantees that non-official members and the Chairperson are entitled to prescribed sitting fees and traveling allowances under Rule 3 of the POSH Rules, 2013, designed to secure operational autonomy, institutional independence, and prevent external financial compromise.
Key Landmark Precedents:
  • Initiative for Inclusion Foundation v. Union of India (2023 SCC OnLine SC 1361): The Supreme Court held that the composition of Local Committees under Section 7 is mandatory, emphasizing that appointing external members with legal backgrounds and ensuring representation of SC/ST/OBC and minority women are essential statutory safeguards that cannot be bypassed by district administrations.
  • Ruchika Singh Chhabra v. Air France India (2018 SCC OnLine Del 9340): The Delhi High Court held that the appointment of an independent external member familiar with women's rights is an indispensable safeguard against institutional bias; any defect in statutory committee composition vitiates inquiry proceedings and invalidates the inquiry report.
  • Jaya Kodate v. Rashtrasant Tukdoji Maharaj Nagpur University (2014 SCC OnLine Bom 814): The Bombay High Court held that the composition requirements under the POSH statutory scheme are mandatory, substantive conditions; an inquiry conducted by an improperly constituted committee lacking statutory prerequisites is void ab initio.
  • Somaya Gupta v. Jawaharlal Nehru University (2018 SCC OnLine Del 9582): The Delhi High Court held that members of inquiry committees under the POSH Act must be completely free from institutional bias and personal conflicts of interest, ruling that actual bias or a reasonable apprehension of bias invalidates the committee's constitution.
Courtroom Practice & Strategic Litigation Guidance:

Prior to participating in an inquiry before the Local Committee, scrutinize the nomination notification issued under Section 7. Check whether the external members fulfill the statutory qualifications (legal knowledge, NGO background, minority/SC/ST representation) and whether the 3-year maximum tenure has lapsed. If the committee is defective or biased, submit formal written objections in limine to the District Officer and file an Article 226 writ petition before the High Court seeking quashing and reconstitution.

Section 6 All 30 Sections of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 Section 8