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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
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What is Sexual Harassment and Remedies

Sexual Harassment: Understanding and Addressing the Issue

Sexual harassment is a serious and pervasive problem that affects individuals of all genders. It can create a hostile work environment, damage mental health, and limit career opportunities. Understanding what constitutes sexual harassment and knowing the available remedies is crucial for individuals to protect themselves and create a safer environment for everyone.

What is Sexual Harassment?

Sexual harassment can take many forms, but it generally involves unwanted sexual advances, requests for sexual favors, or other conduct of a sexual nature that creates a hostile, intimidating, or offensive work environment. This can include:

Verbal harassment: Making sexual jokes, comments, or innuendos; using offensive or degrading language; or making unwelcome sexual advances.

Physical harassment: Touching, grabbing, or making unwanted physical contact; blocking someone's path; or invading personal space.

Visual harassment: Displaying sexually suggestive images or posters, or making offensive gestures.

Remedies for Sexual Harassment

If you or someone you know has experienced sexual harassment, it's important to know that there are steps you can take to address the situation and seek justice. Here are some possible remedies:

Internal Complaint Procedure: Many workplaces have internal complaint procedures for reporting sexual harassment. This may involve filing a formal complaint with a designated person or department within the company.

Equal Employment Opportunity Commission (EEOC): If you believe you have been discriminated against based on your sex, you can file a complaint with the EEOC. The EEOC will investigate your claim and may take legal action against your employer.

Lawsuit: In some cases, individuals who have been sexually harassed may file a lawsuit against their employer. This can be a complex process, so it's important to consult with an attorney.

Mediation or Arbitration: In some cases, parties may agree to resolve a sexual harassment dispute through mediation or arbitration. This can be a more informal and less adversarial process than going to court.

Prevention and Support

Preventing sexual harassment requires a comprehensive approach that involves education, awareness, and a commitment to creating a safe and respectful workplace. Here are some steps that can be taken:

Training and Education: Provide training to employees on what constitutes sexual harassment, the company's policies on harassment, and the consequences of violating those policies.

Clear Policies: Develop and implement clear policies that prohibit sexual harassment and outline the consequences for violating those policies.

Open Communication: Create an environment where employees feel comfortable reporting incidents of harassment without fear of retaliation.

Support Resources: Provide employees with access to support resources, such as counseling or legal assistance.

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