Why in news?
Following the self‑immolation of a student in Odisha whose sexual harassment complaint was allegedly dismissed by her college’s Internal Complaints Committee (ICC), there has been intense scrutiny of these committees and their functioning under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Origin and legal basis
- ICCs originate from the 1997 Vishaka Guidelines issued by the Supreme Court in response to the Bhanwari Devi case. The guidelines laid down procedures for handling sexual harassment complaints.
- The POSH Act of 2013 gave the guidelines statutory force. The Act mandates an ICC in every workplace with ten or more employees and establishes Local Complaints Committees (LCCs) at the district level for smaller or unorganised workplaces.
Objectives
- Prevent sexual harassment by promoting a safe and inclusive work environment.
- Provide a confidential, fair and time‑bound process for complaint redressal.
- Empower women to report violations without fear of retaliation.
Structure and functions
- An ICC must be chaired by a senior female employee. At least half of its members must be women, and one member must be from an NGO or have legal or social expertise.
- The committee can receive complaints within three months of an incident and may conduct conciliation or a formal inquiry. It has quasi‑judicial powers to summon witnesses, collect evidence and recommend disciplinary or legal action.
- Inquiries must conclude within 90 days, and recommendations must be submitted within ten days thereafter. Confidentiality of proceedings is mandatory.
Importance and challenges
- ICCs hold institutions accountable for women’s safety and deter harassment by demonstrating consequences for perpetrators.
- Recent incidents show that some committees may lack training or independence, leading to improper handling of complaints. Ensuring that ICCs function effectively and sensitively is essential to uphold the law.