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In a world which aims at providing gender equality and a safe working environment, the Prevention of Sexual Harassment (POSH Act) plays an important role in safeguarding employees against any form of harassment at their workplace. This act mandates to constitute an Internal Committee (IC) for addressing and resolving the complaints which are related to sexual harassment.
However, there is an important question that arises: who holds the responsibility to establish this Internal Committee by an order in writing? The blog explores into the various provisions of the POSH Act for understanding the formation of the IC which ensures a conducive and respectful work atmosphere for all.
What is POSH Act 2013?
The POSH Act 2013 is also known as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act. It is one of the landmark legislation in India which aims at prevention of sexual harassment of women at workplace. The POSH – act was enacted on April 23, 2013 and it came into effect on December 9, 2013.
The key objectives of the POSH Act 2013 are:
Prevention of Sexual Harassment
The act aims to prevent sexual harassment of women at workplace as it defines and prohibits various forms of harassment.
Prohibition of Sexual Harassment
The act also prohibits any unwelcome physical, verbal or non-verbal conduct of a sexual nature which may create a hostile or offensive work environment for women.
Redressal Mechanism
The act requires all employers with ten or more employees to establish an Internal Committee (IC) or a Local Complaints Committee (LCC) in workplaces where an IC cannot be formed. The IC is responsible for receiving and addressing complaints of prevent sexual harassment.
Confidentiality and Non-Victimization
The act also ensures that the identity of the complainant and witnesses is kept hidden and it prohibits any retaliation against them for filing a complaint.
Awareness and Sensitization
The POSH Act emphasizes that there is a need for regular awareness programs and sensitization of employees on the various aspects of sexual harassment.
Penalties and Consequences
The act also lays down penalties for non-compliance by the institution and includes fines and disciplinary action against them.
The POSH Act 2013 is an important step towards creating a safer work environment for women in India. It places a legal obligation on employers to provide a work environment free from sexual harassment. The POSH Act also emphasizes on construction of a framework for addressing complaints and providing redressal to victims of prevent sexual harassment at the workplace.
Setting up Internal Complaints Committee (ICC) under POSH Act
Under the POSH Act, the responsibility for setting up the Internal Complaints Committee (ICC) lies with the employer or the person in charge of the workplace. The Act makes it mandatory for every organization or establishment with ten or more employees to constitute an ICC to address complaints of prevent sexual harassment at workplace.
The employer or the person in charge is required to take the following steps to set up the ICC:
Formation of ICC
It is a mandate for the employer to constitute the ICC. It should consist of a minimum of four members, with at least half of them being women. The ICC members should also have a presiding officer who is a senior woman employee from the organization, and two members for representing the employees as well as external members possessing knowledge about various aspects of sexual harassment.
Written Order
The employer must issue a written order for the constitution of the ICC. This will include the details of the names and designations of the committee members.
Awareness and Training
The employer is also responsible for ensuring that all employees are made well aware of the functioning of the ICC and the process to file complaints. There should be regular training and sensitization programs on the POSH Act for raising awareness about sexual harassment issues.
Complaint Redressal
The ICC is responsible for receiving and investigating the complaints of sexual harassment. The committee must be fair and take appropriate action in time bound manner.
Confidentiality
The employer must ensure the confidentiality of the proceedings and the identity of the complainant and witnesses involved in the complaint.
By adhering to the provisions of the POSH Act and constructing and ICC, the employers can create a safer and more respectful work environment that upholds the dignity and well-being of all employees, especially women.
Conclusion
In conclusion, the Prevention of Sexual Harassment (POSH) Act takes a firm stance on fostering safe workplaces and protecting employees from harassment. By placing the responsibility to establish an Internal Committee squarely on the employer or the person in charge of the workplace, the act leaves no room for ambiguity. This order in writing to constitute the IC is a crucial step in ensuring an effective mechanism for addressing and resolving complaints related to sexual harassment. Organizations must diligently adhere to the provisions of the POSH Act, recognizing that a robust Internal Committee is not only a legal obligation but also a testament to their commitment to upholding the dignity and well-being of their employees.
As we strive for a workplace culture built on respect and gender equality, the establishment of an Internal Committee becomes an imperative stride towards progress and inclusivity.
FAQ’s
What is POSH Act?
The POSH Act, also known as the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act is legislation in India that aims to prevent sexual harassment of women at their place of work. It provides a legal framework for addressing complaints of harassment. The act makes it mandatory for organizations with ten or more employees to constitute Internal Complaints Committees to address and redress sexual harassment complaints.
When was the POSH act enacted and got mandated in all organizations?
The POSH Act was enacted by the Indian Parliament on April 23, 2013. It became mandated in all organizations with ten or more employees on December 9, 2013. Since then, it has been a legal obligation for all such establishments to set up Internal Complaints Committees to address complaints of sexual harassment at the workplace.
When was POSH act passed?
The POSH Act, also known as the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, was passed on April 23, 2013, by the Indian Parliament. It came into effect on December 9, 2013, with the aim of preventing sexual harassment of women at the workplace and providing a redressal mechanism for complaints.
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