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Introduction
The POSH Act, 2013 ensures a safe and
respectful workplace for women by establishing formal mechanisms to prevent,
prohibit, and redress sexual harassment. Under this Act, two types of
committees are provided to handle complaints: the Internal Complaints
Committee (ICC), formed by the employer for workplaces with ten or more
employees, and the Local Complaints Committee (LCC), formed by the
District Officer to cover cases in smaller workplaces, unorganized sectors, or
where the employer is the alleged perpetrator.
These committees are key to ensuring justice,
supporting the aggrieved woman, and creating a gender-sensitive work
environment.
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Internal Complaints Committee (ICC) (Sectioon 4 of the POSH Act)
The ICC is established by the employer and is
responsible for receiving complaints, conducting inquiries, and recommending
action against sexual harassment at the workplace. The ICC’s structure,
eligibility of members, and duties were discussed in detail in previous
articles. Employers are legally obligated to ensure the ICC functions
effectively and independently.
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Local Complaints Committee (LCC) [Section 6]
The Local Complaints Committee is constituted
by the District Officer and serves women in workplaces where an ICC is
not available or in cases where the employer is the alleged harasser.
Composition of the LCC: [Section 7]
- Chairperson:
An eminent woman social worker.
- At least two women members:
Working in the same block, ward, or municipality.
- One concerned officer:
Engaged in women and child development at the district level.
Who Can File Complaints to LCC?
- Women working in the unorganized
sector.
- Organizations with less than 10
employees, without an ICC.
- Cases where the perpetrator is the
employer.
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Roles and Responsibilities of ICC & LCC
1. Provide a Safe Workplace
Both ICC and LCC ensure that women feel secure
and are treated fairly at work. They also make sure that all employees
are aware of the POSH policy and the penal consequences of sexual
harassment, which are displayed prominently at the workplace.
2. Organize Awareness Programs
Committees are responsible for organizing workshops
and awareness drives to educate employees about the POSH Act. Employers and
District Officers must also arrange orientation programs for ICC and LCC
members to ensure they are well-prepared for their responsibilities.
3. Assist in Filing Complaints
The committees provide full support to women choosing
to file complaints. They inform the complainant of her rights under the law,
help in documenting the complaint, and maintain confidentiality
regarding the identities of the complainant, respondent, and witnesses.
4. Conduct Fair Inquiries
ICC and LCC must conduct unbiased and thorough
inquiries, giving both the complainant and the respondent the opportunity
to present and defend their cases.
5. Monitor Timely Submission of Reports
Committees are required to submit regular reports
to the employer or District Officer, covering the number of complaints
received, resolved cases, and actions taken. The authorities must ensure
that these reports are submitted on time and are accurate.
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Role and Powers of the District Officer [Section 20]
Appointment of Officers
The District Officer is responsible for constituting
LCCs, appointing the Chairperson and members, and designating nodal
officers in every block, tehsil, ward, or municipality. These nodal
officers collect complaints and forward them to the LCC.
Submission of Findings and Recommendations
The District Officer receives reports from the LCC,
evaluates the findings, decides the action to be taken, and ensures timely
submission of annual reports by the LCC.
Consolidation of Reports for the State
Government
The District Officer also prepares a consolidated
report of all LCC activities and submits it to the State Government,
ensuring accountability and transparency in redressal of sexual harassment
complaints.
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Conclusion
The ICC and LCC
are essential components of the POSH Act, 2013, ensuring that women in both
organized and unorganized sectors have accessible, fair, and supportive
mechanisms to address sexual harassment. Employers and District Officers
must prioritize compliance, awareness, and timely action to create safe
and gender-sensitive workplaces. Proper functioning of these committees
strengthens employee trust, promotes justice, and fosters a respectful work
culture.
