Ch. V · §12
Chapter V
Inquiry & Relief
Section
Chapter V · Inquiry & Relief
Section 12
Action during pendency of inquiry
Temporary structural and explanatory content only; it is not a verbatim reproduction. Complete statutory text and legal commentary will be integrated after separate legal verification.
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.
Source & Status
This page contains temporary structural and explanatory content, not a verbatim reproduction of the Act.
Source: Ministry of Law and Justice, Government of India
Publication status: Temporary content pending separate legal verification