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Chapter V · Inquiry & Relief

Section 12

Action during pendency of inquiry

Statutory textCounsel-reviewed publication
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—
transfer the aggrieved woman or the respondent to any other workplace; or
grant leave to the aggrieved woman up to a period of three months; or
grant such other relief to the aggrieved woman as may be prescribed.
The leave granted to the aggrieved woman under this section shall be in addition to the leave she would be otherwise entitled to.
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.

Transcribed from the official India Code source for reading and comparison. PIH plain-language guidance is editorial and separate; this page is not legal advice.

Source: India Code, Ministry of Law and Justice, Government of IndiaRetrieved: 2026-09-10India Code PDF, p. 9India Code PDF — last updated 31 August 2021

Plain Language

While the inquiry is still underway, the committee can recommend practical protective measures on a written request from the aggrieved woman.

Interim relief options include transferring either party to another workplace, granting leave to the aggrieved woman for up to three months, or other prescribed measures.

The leave granted under this section is extra leave, over and above any leave the aggrieved woman is already entitled to under her employment terms.

The employer must implement the committee's interim-relief recommendations and report back to the committee on implementation.

Why It Matters

Interim relief protects the aggrieved woman from ongoing harm or re-traumatisation during the inquiry period.

It prevents the respondent from using the pendency of the inquiry as an opportunity to intimidate or influence the complainant.

The employer's obligation to implement interim recommendations is mandatory, not discretionary — the statute uses 'shall'.

Practical Example

Interim transfer

Scenario: An aggrieved woman files a complaint and requests transfer of the respondent, who sits in the same team and has begun making indirect threats.

Outcome: The IC recommends transferring the respondent to a different department during the inquiry. The employer must implement this and report back to the IC.

Additional leave

Scenario: The complainant is experiencing severe anxiety and requests leave during the inquiry period.

Outcome: The IC recommends granting three months of leave under Section 12. This leave is in addition to her regular leave entitlement — it does not reduce her earned leave balance.

Who Must Act

ic member

  • Consider written requests for interim relief promptly and make recommendations to the employer.
  • Document the reasons for granting or refusing interim relief.
  • Follow up with the employer to ensure recommendations are implemented.

employer

  • Implement the committee's interim-relief recommendations without delay.
  • Send the implementation report back to the committee.
  • Do not treat interim-relief recommendations as optional or advisory.

employee

  • Submit requests for interim relief in writing to the committee.
  • Specify the type of relief sought and the reasons for it.

Compliance

✓

Implement interim-relief recommendations made by the committee

Actor: Employer · Rule: Section 12(3)

✓

Report implementation of interim-relief measures back to the committee

Actor: Employer · Rule: Section 12(3)

✓

Record written requests for interim relief and committee decisions

Actor: Internal Committee / Local Committee

Timelines

Interim-relief implementation: During pendency of inquiry

The employer must implement the committee's interim-relief recommendations while the inquiry is ongoing.

Leave under Section 12: Up to 3 months

The committee may recommend leave of up to three months for the aggrieved woman, in addition to her regular leave entitlement.

Common Mistakes

✗

Treating interim-relief recommendations as optional or advisory — the statute uses 'shall', making implementation mandatory.

✗

Confusing the leave under Section 12 with regular leave — it is additional leave that must not reduce the aggrieved woman's existing entitlements.

✗

Assuming only transfer of the respondent is available — the committee can also recommend transfer of the aggrieved woman or other prescribed relief.

✗

Waiting for the inquiry to conclude before addressing the complainant's safety needs.

Related Sections

§11Inquiry into complaint — Section 12 operates during the pendency of the inquiry under Section 11§13Inquiry report — Interim relief ends when the inquiry report is submitted under Section 13§9Complaint of sexual harassment — The written complaint under Section 9 triggers the inquiry during which Section 12 relief may be sought

Related Rules

Rule 8Other relief to complainant during pendency of inquiry — Rule 8 prescribes other relief that may be granted to the complainant during the pendency of the Section 11 inquiry. Official Rules source

Source & Status

Source and review statusPublication ready
Source version
India Code PDF — last updated 31 August 2021
Source location
India Code PDF, p. 9
Retrieved

View the official record page

Statutory blocks are kept separate from PIH plain-language and operational guidance. The reading copy is not legal advice.

Legal review status: counsel-reviewed. All sections have valid documentary counsel evidence and publication signals are enabled.

Judicial material: no verified judicial interpretation is published in this reading copy. Judicial analysis is a separate layer from the statutory transcription and PIH editorial guidance.