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Introduction
The workplace is meant to be a space of growth,
collaboration, and opportunity. But harassment of any kind—especially sexual
harassment—can shatter this environment. Recognizing the seriousness of this
issue, India introduced the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013, popularly known as the POSH
Act.
The Act places a strong responsibility on the employer—not
just to react when harassment happens, but also to prevent it, provide
support, and ensure a safe workplace. Central to this law is the Internal
Complaints Committee (ICC), a mandatory redressal body within every
organization.
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Internal Complaints Committee (ICC): The Cornerstone of POSH
Section 4 of the POSH Act, 2013 lays down the provisions for the constitution of the Internal Complaints Committee (ICC).
What is ICC?
- A mandatory redressal body in
all organizations with 10 or more employees.
- Receives and inquires into complaints
of sexual harassment.
- Must submit an annual report
of cases handled.
Structure of ICC
- Presiding Officer:
A senior woman employee.
- Two or more employee members
with experience in social work or women’s issues.
- External member:
From an NGO or association familiar with women’s rights.
- At least 50% of the members must
be women.
Disqualifications of ICC Members
Members can be removed for:
- Breach of confidentiality.
- Criminal conviction.
- Disciplinary action at work.
- Misuse of authority.
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Penalties for Non-Compliance under section 26 of the POSH Act
- Fine of ₹50,000 for not
forming an ICC or violating the Act.
- Repeated non-compliance: Double
penalty and/or cancellation of business license.
- Employers may face serious
reputational damage beyond monetary penalties.
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Conclusion
The POSH Act is not merely a compliance checklist—it
is about preserving human dignity and building safe, equal workplaces.
Employers hold the legal and moral responsibility to protect employees,
set up ICC's, and ensure strong awareness programs.
By proactively preventing harassment and
supporting employees who come forward, employers not only shield themselves
from penalties but also strengthen their organization’s culture and
credibility.
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A workplace that respects dignity is a workplace that thrives.
