Skip to main content

Constitution of the Internal Complaints Committee (ICC) under the POSH Act: Roles, Structure, and Responsibilities

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
Post a Comment

Saurabh Kumar Mallick v. CAG: Reinforcing the Reach of the POSH Act in Government Institutions.

In a landmark judgment, the Delhi High Court delivered a resounding verdict that extended the applicability of the Prevention of Sexual Harassment (POSH) Act to government organizations, including constitutional bodies like the Comptroller and Auditor General of India (CAG). The case of Saurabh Kumar Mallick v. Comptroller & Auditor General of India (2018) was a pivotal moment in ensuring that the principles of the POSH Act are upheld across all spheres of employment, irrespective of the nature or status of the organization.

The Crux of the Case

The case arose from a petition filed by Saurabh Kumar Mallick, an Assistant Audit Officer employed with the CAG, who alleged that he had been subjected to sexual harassment by a superior officer. Mallick claimed that despite filing a formal complaint, the CAG failed to take appropriate action or constitute an Internal Complaints Committee (ICC) as mandated by the POSH Act.

The CAG, in its defense, argued that as a constitutional body, it was not bound by the provisions of the POSH Act, which primarily applied to private-sector organizations and government departments.

The Decisive Ruling

The Delhi High Court, in its judgment, unequivocally rejected the CAG's contention and affirmed the applicability of the POSH Act to all organizations, including constitutional bodies like the CAG. The court's reasoning was based on a comprehensive analysis of the Act's provisions and its overarching objective of providing a safe and secure work environment for all employees, regardless of the organization's nature or status.

Key Observations and Implications:

Broad Applicability: The High Court emphasized that the POSH Act is a comprehensive legislation aimed at addressing sexual harassment in all workplaces, without any exceptions or limitations based on the type of organization.

Constitutional Mandate: The court highlighted that the POSH Act is a manifestation of India's constitutional commitment to ensuring gender equality and the right to life and dignity for all individuals, including those employed in constitutional bodies.

Equal Protection: The judgment reinforced the principle that all employees, irrespective of their place of employment, are entitled to equal protection under the law and the right to a safe and secure work environment.

Compliance Obligations: The court underscored that constitutional bodies like the CAG are not exempt from their obligations under the POSH Act, including the requirement to constitute an Internal Complaints Committee and implement mechanisms for addressing sexual harassment complaints.

The Broader Impact

The Saurabh Kumar Mallick v. CAG judgment has far-reaching implications for the effective implementation of the POSH Act across various sectors and organizations. It sends a clear message that no institution, regardless of its constitutional status or nature, can claim exemption from the provisions of this crucial legislation.

By extending the reach of the POSH Act to government organizations and constitutional bodies, the Delhi High Court has reinforced the principles of equality, non-discrimination, and the right to a safe and dignified work environment for all employees. This judgment serves as a powerful reminder that the fight against sexual harassment in the workplace transcends organizational boundaries and requires a concerted effort from all stakeholders, including those in positions of authority and responsibility.

As India continues to grapple with the pervasive issue of sexual harassment, this landmark ruling reinforces the commitment to creating inclusive and equitable workplaces, where every individual can thrive and contribute to the nation's progress without fear of harassment or discrimination

Labels:

Comments

Post a Comment

Popular posts from this blog

UNDERSTANDING JURISDICTION RELATED TO THIRD PARTY SEXUAL HARASSMENT. WHEN DOES THE IC GET INVOLVED?

Introduction - What is Third Party Sexual Harassment? Sexual harassment in connection with the workplace, isn't only limited to the workplace (as a premises) or one's colleagues (as the respondent). It extends to third party workplaces, and third party individuals like consultants, independent contractors, clients, or other non-employees associated with the workplace, irrespective of the premises where the sexual harassment may have occurred. Employers need to provide employees with a safe working environment where their safety and security is prioritised, especially if third parties are involved. IC's Jurisdiction and When It Can Refuse Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), women can file complaints on acts that took place at the workplace even against third parties, irrespective of whether they work at their place of employment. In line with the PoSH Act, the employer is responsible for taking neces
Post a Comment
Read more

Posh Lawyers in India

PoSH (Prevention of Sexual Harassment )Awareness Session helps organisations in a big way in 1) Preventing and Discourage sexually harrasement at work 2) Encouraging victims to file grievances 3) Encouraging coworkers to understand their role in creating safe work environment. 4) Highlighting the Gender Neutral policy aspects Glad to have delivered at Cloudnine Group of Hospitals ~Noida A detailed employee and manager session highlighting key aspects of POSH ACT 2013 through case studies , Videos and Quiz . Thank you Trisha Singh and Saloni for organising,participating and partnering in the session. It is such a inspiration to see how the HR and leadership team is working together to ensure this organisation continues to be a workplace of choice in healthcare sector. Voice of SASHA 🤝POSHADVO Kanti Joshi 🤝Adv Kanchan K. Kanchan Khatana And Associates Sexual Harassment at Workplace Posh Training Best POSH consultant in India POSH ACT 2013 
Post a Comment
Read more

Workplace sexual harassment and employee attrition

Introduction Workplace sexual harassment results in employee attrition and is a serious issue that affects many employees around the world. Seven out of ten women who leave a workplace due to an experience of workplace sexual harassment do so without informing their employer.  This is a troubling statistic that raises questions about why so many victims of workplace sexual harassment do not come forward. In this article, we will explore some of the reasons why employees do not file a complaint of workplace sexual harassment, AND, as an employer, what is it that you can do to change this.  Reasons for not reporting workplace sexual harassment Fear of Retaliation One of the main reasons why employees do not file a complaint of workplace sexual harassment is fear of retaliation. Victims may worry that they will be retaliated against by their harasser, their supervisor, or other co-workers if they report the harassment.  Retaliation can take many forms, including being demoted, having hour
Post a Comment
Read more