POSH Act Section 15 — Determination of compensation
CHAPTER V INQUIRY INTO COMPLAINT
Service / Employment
Summary
This section explains how the Internal Committee or the Local Committee decides the amount of money to be paid to the woman who faced sexual harassment, as mentioned in clause (ii) of sub-section (3) of section 13. When making this decision, the committee must consider the factors listed below.
Under clause (a), the committee must consider the mental trauma, pain, suffering, and emotional distress that the woman experienced because of the harassment.
Under clause (b), the committee must consider any loss in her career opportunities that happened due to the incident of sexual harassment.
Under clause (c), the committee must consider the medical expenses she had to pay for physical or psychiatric treatment.
Under clause (d), the committee must consider the income and financial status of the person who is being held responsible (the respondent).
Under clause (e), the committee must consider whether it is practical to pay the full amount at once (lump sum) or in multiple payments (instalments).
Official Text
For the purpose of determining the sums to be paid to the aggrieved woman under clause (ii) of sub-section (3) of section 13, the Internal Committee or the Local Committee, as the case may be, shall have regard to—
(a) the mental trauma, pain, suffering and emotional distress caused to the aggrieved woman;
(b) the loss in the career opportunity due to the incident of sexual harassment;
(c) medical expenses incurred by the victim for physical or psychiatric treatment;
(d) the income and financial status of the respondent;
(e) feasibility of such payment in lump sum or in instalments.
