Ch. V · §15
Chapter V
Inquiry & Relief
Section
Chapter V · Inquiry & Relief
Section 15
Determination of compensation
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
When the committee recommends compensation, it must consider five specific factors: mental trauma and suffering, loss of career opportunity, medical expenses, the respondent's income, and whether payment should be lump sum or in instalments.
Compensation is meant to reflect the real impact of the misconduct on the aggrieved woman, not an arbitrary figure.
The committee can recommend deduction from the respondent's salary to pay the compensation.
Why It Matters
Section 15 makes compensation a factor-driven exercise, not a discretionary one. The committee must record how each factor was considered.
It covers both tangible losses (medical expenses, career opportunity) and intangible harm (mental trauma, emotional distress).
The inclusion of the respondent's income ensures the compensation amount is realistic and enforceable.
The lump-sum vs instalment option provides flexibility for both the respondent's capacity and the aggrieved woman's needs.
Practical Example
Factor-based compensation
Scenario: The IC finds the allegation proved. The aggrieved woman incurred Rs 30,000 in counselling costs and lost a promotion opportunity. The respondent earns Rs 80,000 per month.
Outcome: The IC considers all five factors under Section 15 and recommends Rs 1,50,000 compensation, payable in three monthly instalments deducted from the respondent's salary.
Career loss and medical costs
Scenario: The aggrieved woman suffered severe anxiety requiring psychiatric treatment and was forced to resign due to workplace hostility.
Outcome: The IC weighs the mental trauma, medical expenses, and loss of career opportunity heavily, recommending a higher compensation amount commensurate with the respondent's financial capacity.
Who Must Act
ic member
- Record the basis for compensation clearly, addressing each factor under Section 15.
- Consider evidence of mental trauma, career loss, medical expenses, and the respondent's income.
- Recommend whether payment should be lump sum or in instalments.
employee
- Document concrete effects on work, health, and income if compensation is in issue.
- Provide evidence of medical expenses and career impact to support the compensation claim.
employer
- Implement the compensation deduction as recommended by the committee.
- Deduct from the respondent's salary notwithstanding any inconsistent service rules.
Compliance
Have regard to the five specified factors when determining compensation
Actor: Internal Committee / Local Committee · Rule: Section 15
Record the basis for the compensation amount with reference to each factor
Actor: Internal Committee / Local Committee · Rule: Section 15
Common Mistakes
Recommending an arbitrary compensation amount without addressing the Section 15 factors.
Failing to consider intangible harm like mental trauma and emotional distress — these are statutory factors.
Ignoring the feasibility of payment — the committee should consider whether lump sum or instalments are appropriate.
Not documenting the reasoning for the compensation figure, which can make the recommendation vulnerable to appeal.
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