In today’s corporate world, a safe, respectful, and inclusive workplace is not just a goal — it's a necessity. One of the most significant steps taken in India toward ensuring workplace dignity was the introduction of the POSH Law , formally known as The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. But who really invented this law, and is it effective in making the corporate world a better place? Let’s explore. Who is the Inventor of POSH Law? While no single person is credited as the "inventor" of the POSH Law, its roots trace back to a landmark judgment by the Supreme Court of India in the Vishaka vs. State of Rajasthan case in 1997. This judgment laid the foundation for what would later become formal legislation in 2013. The credit for initiating and shaping the POSH law goes to: Vishaka Group of NGOs: A collective of women's rights groups that filed the petition. Justice Verma Committee: Formed after the Nirbhaya cas...
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A crucial aspect of the Prevention of Sexual Harassment (POSH) Act, 2013, is the establishment of Internal Complaints Committees (ICCs) in organizations. These committees play a pivotal role in ensuring workplace safety, handling complaints effectively, and fostering a culture of zero tolerance for harassment.
Understanding the Role of ICCs
The ICC is responsible for addressing workplace sexual harassment complaints and ensuring a fair, unbiased resolution process. Key functions include:
• Receiving and Redressing Complaints – ICCs must ensure that victims feel safe reporting incidents and that complaints are handled with confidentiality and sensitivity.
• Conducting Investigations – The committee must carry out impartial inquiries, gather evidence, and recommend appropriate actions.
• Recommending Disciplinary Action – Based on findings, ICCs have the authority to suggest penalties, policy changes, or preventive measures.
• Ensuring Awareness and Compliance – ICCs should regularly conduct training and awareness sessions to educate employees on POSH policies.
Challenges Faced by ICCs
Despite being a mandatory provision, many organizations struggle with the effective functioning of ICCs. Common challenges include:
1. Lack of Training – ICC members often lack proper training on handling sensitive cases and legal procedures.
2. Bias and Partiality – In some instances, committee members may be influenced by company interests or personal biases, affecting case outcomes.
3. Fear of Retaliation – Victims may hesitate to approach ICCs due to fear of workplace repercussions.
4. Non-Compliance in SMEs – Small and medium enterprises (SMEs) sometimes fail to establish ICCs due to limited resources and awareness.
Best Practices for Strengthening ICCs
Organizations can enhance the effectiveness of their ICCs by implementing the following best practices:
• Training ICC Members – Regular legal and psychological training helps members handle cases with professionalism and sensitivity.
• Ensuring Diversity in ICCs – Including members from diverse backgrounds, especially external experts, ensures fairness and objectivity.
• Promoting Confidentiality – Protecting the identity of complainants and maintaining strict confidentiality encourages more employees to report issues.
• Clear Reporting Structures – Establishing anonymous complaint mechanisms allows victims to report harassment without fear.
• Periodic Audits and Reviews – Organizations should conduct independent assessments of ICC performance to identify gaps and areas for improvement.
Conclusion
Internal Complaints Committees serve as the backbone of POSH compliance in organizations. Strengthening their effectiveness through training, transparency, and strong organizational support ensures a safer and more equitable work environment for all employees.
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