The Prevention of Sexual Harassment ( POSH ) Act, 2013, was enacted to address workplace sexual harassment in India and mandates every organization to establish an Internal Complaints Committee (ICC). The ICC plays a pivotal role in ensuring a safe and harassment-free work environment. Its primary responsibility is to investigate complaints of sexual harassment, ensure a fair inquiry, and recommend appropriate action. In this article, we will explore the structure, composition, and responsibilities of the ICC, along with the legal requirements governing its formation and operation. 1. Legal Mandate for the ICC under the POSH Act Under the POSH Act, every employer is legally required to establish an Internal Complaints Committee (ICC) in the workplace to handle complaints of sexual harassment. This obligation applies to any organization with 10 or more employees. The ICC must be constituted at every branch or office location where the employee headcount meets this threshold. Failure to
The Protection of Women from Sexual Harassment (POSH) Act, 2013 , primarily aims to prevent and redress sexual harassment of women at the workplace. While the Act is designed to protect the rights and dignity of women who are victims of sexual harassment, it also includes provisions to ensure that the accused individuals are treated fairly and have their rights upheld. Here are some key rights of the accused under the POSH Act: Right to a Fair and Impartial Inquiry: The accused has the right to a fair and impartial inquiry into the allegations of sexual harassment. The Internal Complaints Committee (ICC) or the Local Complaints Committee (LCC), responsible for conducting the inquiry, must ensure that the process is unbiased and follows the principles of natural justice. Right to Be Informed: The accused has the right to be informed of the allegations made against them. They should receive a written complaint or notice detailing the charges and any evidence provided by the complainant