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Showing posts from July, 2024

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

Posh in Higher Education Institutions in India

On July 25, 2022, an Odisha college student accused the school's physics instructor of rape and sexual harassment. The accused lecturer, who was the institution's reader, had also held the role of NCC officer in the Naval wing. Despite the female student coming to the institute with a formal complaint, the school's internal committee did not discover any proof of the claims she claimed. The probe didn't start until the Higher Education Department became aware of the situation. A Presidency University student from Kolkata filed a formal complaint with the internal committee of the university accusing Mahitosh Mandal, the former head of the department, of sexual harassment on July 17, 2022. It is believed that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is essential for protecting female employees from sexual harassment at the workplace. It is significant to highlight that educational institutions play a significant role

Sethunath Singh v. Ministry of Home Affairs: Ensuring Equal Protection Under the POSH Act.

In a progressive step towards ensuring a safe and secure work environment for all employees, the Delhi High Court delivered a landmark judgment in the case of Sethunath Singh v. Ministry of Home Affairs (2018). This ruling reinforced the principle that the Prevention of Sexual Harassment (POSH) Act extends its protection to all employees, irrespective of their employment status, be it permanent, temporary, or ad-hoc. The Genesis of the Case The case arose from a petition filed by Sethunath Singh, a former ad-hoc employee of the Ministry of Home Affairs (MHA). Singh alleged that he had been subjected to sexual harassment by a superior officer during his tenure. However, when he approached the Internal Complaints Committee (ICC) constituted by the MHA, his complaint was dismissed on the grounds that he was not a permanent employee and, therefore, not covered under the purview of the POSH Act. The Pivotal Ruling The Delhi High Court took cognizance of the matter and delivered a landmark