This is Set 1 of 40 in the smartvidya question bank on the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules, with the latest judgments. Part I: Background and definitions. This set covers Bhanwari Devi, Vishaka, CEDAW, constitutional basis, legislative history, commencement and Preamble.
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Set 1: POSH Act: Background, Enactment and Objectives
1. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is
(a) Act No. 14 of 2013
(b) Act No. 12 of 2013
(c) Act No. 22 of 2013
(d) Act No. 30 of 2013
Ans. (a) Act No. 14 of 2013 — Explanation: The POSH Act was enacted as Act No. 14 of 2013. [Ref: Section 1]
2. The POSH Act received the assent of the President on
(a) 13 August 1997
(b) 22 April 2013
(c) 9 December 2013
(d) 26 February 2013
Ans. (b) 22 April 2013 — Explanation: Presidential assent was given on 22 April 2013 and the Act was published in the Gazette the next day. [Ref: Section 1]
3. The POSH Act came into force on
(a) 15 August 2013
(b) 22 April 2013
(c) 1 January 2014
(d) 9 December 2013
Ans. (d) 9 December 2013 — Explanation: The Central Government brought the Act into force on 9 December 2013, the same day the 2013 Rules were notified. [Ref: Section 1(3)]
4. The POSH Act extends to
(a) only establishments with ten or more employees
(b) only Central Government establishments
(c) the whole of India
(d) the whole of India except Jammu and Kashmir, as it stands today
Ans. (c) the whole of India — Explanation: As enacted it excluded Jammu and Kashmir, but after the Jammu and Kashmir Reorganisation Act, 2019 it applies to the whole of India. [Ref: Section 1(2)]
5. The judgment that first laid down binding guidelines on sexual harassment at the workplace in India was
(a) Vishaka v. State of Rajasthan
(b) Aureliano Fernandes v. State of Goa
(c) Apparel Export Promotion Council v. A.K. Chopra
(d) Medha Kotwal Lele v. Union of India
Ans. (a) Vishaka v. State of Rajasthan — Explanation: In Vishaka (1997) the Supreme Court framed guidelines that operated as law until the 2013 Act was passed. [Ref: Vishaka v. State of Rajasthan, 1997]
6. The Vishaka judgment was delivered on
(a) 13 August 1997
(b) 19 October 1999
(c) 26 January 1998
(d) 15 August 1997
Ans. (a) 13 August 1997 — Explanation: The Supreme Court delivered the Vishaka judgment on 13 August 1997. [Ref: Vishaka v. State of Rajasthan, 1997]
7. The Vishaka case was triggered by the gang rape of
(a) Bhanwari Devi, a social worker (saathin) in Rajasthan
(b) a university student in Kerala
(c) a nurse in a Mumbai hospital
(d) a bank officer in Delhi
Ans. (a) Bhanwari Devi, a social worker (saathin) in Rajasthan — Explanation: Bhanwari Devi was assaulted in 1992 for trying to stop a child marriage as part of a State programme, and women's groups then filed the Vishaka petition. [Ref: Vishaka v. State of Rajasthan, 1997]
8. The Vishaka bench was headed by
(a) Chief Justice Y.V. Chandrachud
(b) Justice V.R. Krishna Iyer
(c) Justice P.N. Bhagwati
(d) Chief Justice J.S. Verma
Ans. (d) Chief Justice J.S. Verma — Explanation: The three-judge bench of Chief Justice J.S. Verma, Justice Sujata Manohar and Justice B.N. Kirpal decided Vishaka. [Ref: Vishaka v. State of Rajasthan, 1997]
9. The international convention relied on in Vishaka and referred to in the Preamble of the POSH Act is
(a) the Convention on the Rights of the Child
(b) the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
(c) the International Covenant on Economic, Social and Cultural Rights
(d) ILO Convention No. 100 on equal remuneration
Ans. (b) the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) — Explanation: India ratified CEDAW on 9 July 1993, and both Vishaka and the Preamble of the Act refer to it. [Ref: Preamble]
10. India ratified CEDAW in
(a) 1980
(b) 2013
(c) 1993
(d) 1997
Ans. (c) 1993 — Explanation: India signed CEDAW in 1980 and ratified it on 9 July 1993. [Ref: Preamble]
11. According to the Preamble, sexual harassment violates the fundamental rights of a woman to equality under
(a) Articles 32 and 226 of the Constitution
(b) Articles 39 and 42 of the Constitution
(c) Articles 19 and 20 of the Constitution
(d) Articles 14 and 15 of the Constitution
Ans. (d) Articles 14 and 15 of the Constitution — Explanation: The Preamble refers to Articles 14 and 15, the right to life and dignity under Article 21, and the right to practise any profession or carry on any occupation, trade or business, which is the Article 19(1)(g) right. [Ref: Preamble]
12. The Preamble links the right to a safe workplace with the right to practise any profession or carry on any occupation under
(a) Article 25 of the Constitution
(b) Article 19(1)(a) of the Constitution
(c) Article 21A of the Constitution
(d) Article 19(1)(g) of the Constitution
Ans. (d) Article 19(1)(g) of the Constitution — Explanation: The Preamble says the right to practise any profession or carry on any occupation, trade or business, guaranteed by Article 19(1)(g), includes the right to a safe environment free from sexual harassment. [Ref: Preamble]
13. The right to life and to live with dignity, which sexual harassment violates, flows from
(a) Article 17 of the Constitution
(b) Article 21 of the Constitution
(c) Article 23 of the Constitution
(d) Article 51A of the Constitution
Ans. (b) Article 21 of the Constitution — Explanation: The Preamble expressly refers to the right to life and to live with dignity under Article 21 of the Constitution. [Ref: Preamble]
14. The three words in brackets in the short title of the Act are
(a) protection, prosecution and redressal
(b) prohibition, penalty and compensation
(c) prevention, prohibition and redressal
(d) prevention, punishment and rehabilitation
Ans. (c) prevention, prohibition and redressal — Explanation: The short title reads "(Prevention, Prohibition and Redressal)"; the long title speaks of protection against sexual harassment and the prevention and redressal of complaints. [Ref: Section 1(1); Long title]
15. In Vishaka, the Supreme Court said its guidelines would be treated as law declared under
(a) Article 32 of the Constitution
(b) Article 13 of the Constitution
(c) Article 142 of the Constitution
(d) Article 141 of the Constitution
Ans. (d) Article 141 of the Constitution — Explanation: The guidelines were to be strictly observed and treated as law declared by the Supreme Court under Article 141 until legislation was enacted. [Ref: Vishaka v. State of Rajasthan, 1997]
16. The constitutional provision that enables Parliament to make laws to implement international treaties, cited in Vishaka, is
(a) Article 246A of the Constitution
(b) Article 249 of the Constitution
(c) Article 368 of the Constitution
(d) Article 253 of the Constitution
Ans. (d) Article 253 of the Constitution — Explanation: Vishaka read Article 253 with Article 51(c) to use CEDAW in the absence of domestic law. [Ref: Vishaka v. State of Rajasthan, 1997]
17. The Bill that became the POSH Act was first introduced in the Lok Sabha in
(a) 2010
(b) 2013
(c) 2007
(d) 2012
Ans. (a) 2010 — Explanation: The Protection of Women against Sexual Harassment at Workplace Bill was introduced in December 2010 and passed with changes in 2012 and 2013. [Ref: Legislative history]
18. A major change made to the 2010 Bill before it became law was
(a) the removal of Local Committees
(b) the inclusion of domestic workers within its protection
(c) the removal of the penalty on employers
(d) the exclusion of the private sector
Ans. (b) the inclusion of domestic workers within its protection — Explanation: Domestic workers were not covered by the 2010 Bill and were added on the Standing Committee's recommendation. [Ref: Legislative history; Section 2(e)]
19. The Ministry that administers the POSH Act at the Central level is the
(a) Ministry of Women and Child Development
(b) Ministry of Personnel, Public Grievances and Pensions
(c) Ministry of Labour and Employment
(d) Ministry of Home Affairs
Ans. (a) Ministry of Women and Child Development — Explanation: The Ministry of Women and Child Development is the nodal Ministry and runs the SHe-Box portal. [Ref: Administrative arrangement]
20. The POSH Act protects
(a) all persons irrespective of gender
(b) women and transgender persons expressly
(c) women only, as aggrieved persons
(d) employees of the organised sector only
Ans. (c) women only, as aggrieved persons — Explanation: The Act is gender-specific: only a woman can be an "aggrieved woman", though the respondent may be of any gender. [Ref: Section 2(a)]
21. At a workplace, the POSH Act protects
(a) only women employees of the employer
(b) only women above 18 years of age
(c) women of any age, whether employed or not, who are at a workplace
(d) only permanent women employees
Ans. (c) women of any age, whether employed or not, who are at a workplace — Explanation: An aggrieved woman in relation to a workplace is a woman of any age, whether employed or not. [Ref: Section 2(a)]
22. The Act was framed to replace, in the workplace context, the
(a) Industrial Disputes Act, 1947
(b) Indecent Representation of Women (Prohibition) Act, 1986
(c) Vishaka guidelines
(d) Protection of Women from Domestic Violence Act, 2005
Ans. (c) Vishaka guidelines — Explanation: Vishaka guidelines governed the field until the Act and Rules took effect in December 2013. [Ref: Vishaka v. State of Rajasthan, 1997; Section 1(3)]
23. The rule-making power under the POSH Act is mainly given to
(a) each State Government
(b) the National Commission for Women
(c) the Supreme Court
(d) the Central Government
Ans. (d) the Central Government — Explanation: Section 29 empowers the Central Government to make rules by notification, and it made the 2013 Rules. [Ref: Section 29]
24. The commonly used short name "POSH Act" stands for
(a) Punishment of Sexual Harassment Act
(b) Prevention of Sexual Harassment Act
(c) Protection of Survivors of Harassment Act
(d) Protection of Safety and Health Act
Ans. (b) Prevention of Sexual Harassment Act — Explanation: "POSH" is the short form used in practice; it is not part of the official title. [Ref: General]
25. The 2013 Act was later affected by the new criminal laws in the sense that
(a) the Act was repealed and re-enacted
(b) references to IPC offences, such as Section 509, are now read with the corresponding BNS provisions
(c) sexual harassment ceased to be an offence
(d) Internal Committees became criminal courts
Ans. (b) references to IPC offences, such as Section 509, are now read with the corresponding BNS provisions — Explanation: From 1 July 2024 the Bharatiya Nyaya Sanhita replaced the IPC; Section 509 IPC corresponds to Section 79 BNS. [Ref: Section 11(1); BNS, Section 79]
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These questions are prepared for practice from the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (with the 2013 Rules, and Supreme Court and High Court rulings up to 2026). Check the latest notifications and your service rules before relying on any detail.