Latest news with #TheSexualHarassmentofWomenatWorkplace(Prevention
The Hindu
3 days ago
- Politics
- The Hindu
How do internal complaints committees work?
The story so far: A young student's self-immolation at a college in Balasore, Odisha has put the spotlight on the Internal Complaints Committee (ICC) which failed to validate her complaints of sexual harassment against her head of the department. The victim's family has claimed the members of the ICC were not trained adequately and that the environment in the college and within the ICC was biased in favour of the accused. What is the law behind the ICC? The Supreme Court first called for complaint committees to be set up in its 1997 judgment in response to a petition filed after Bhanwari Devi, a social worker in Rajasthan, was gang-raped when she tried to stop a child marriage. The Court provided basic definitions of sexual harassment in the workplace, and guidelines to combat it. Known as the Vishaka Guidelines, they called for an appropriate mechanism to be created by employers to ensure time bound treatment of complaints of sexual harassment. It said that the Complaints Committee should be headed by a woman, and include women as at least half its members, as well as a third party to prevent undue pressure from senior levels within the organisation. It was not until the Nirbhaya killing in Delhi in December 2012 that the provisions were actually written into law. One of the several legislations that were enacted was The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, often called the POSH Act, which superceded the Vishaka Guidelines. It mandated the constitution of ICCs at all workplaces which employed more than 10 people. Women working in smaller enterprises in the informal sector could complain to Local Committees to be set up by district authorities. What are the powers of an ICC? Each ICC is to be headed by a Presiding Officer, who is to be a woman employed at a senior level at the workplace. At least two members should be employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge, and another member should be from an NGO devoted to women's rights or a person familiar with sexual harassment issues. At least half of the members should be women. Any aggrieved woman can complain in writing to the ICC or local committee within three months of the date of the harassment incident or series of incidents. The committee can help to settle the matter at the request of the woman or begin an inquiry into the complaint. The ICC has the same powers as are vested in a civil court under the Code of Civil Procedure. The inquiry is to be completed within 90 days. If the complaint is proved, the ICC must recommend the action to be taken against the accused. The employer is also required to aid the victim if she wishes to file a criminal complaint. The law mandates confidentiality regarding the contents of the complaint, the identity and addresses of the aggrieved woman, the respondent and witnesses, any information relating to conciliation and inquiry proceedings, and the recommendations of the ICC. What is the status of their implementation? In the decade since the law was passed, though ICCs have been set up in some institutions, their coverage is far from universal. In December 2024, the Supreme Court took stock of the 'sorry state of affairs', pointing out that it was 'disquieting' to note 'serious lapses' in the enforcement of the POSH Act. It directed immediate compliance within the government, and a survey of public and private organisations as well. 'This law was designed to be monitored, but who is doing it? District officers are supposed to collect annual reports on compliance and sexual harassment cases from the Local Committees and ICCs, but what is done with that material?' asks Madhu Mehra, a lawyer advocating for women's rights, and the founder of Partners for Law in Development. Ms. Mehra points out that while the Women and Child Development Ministry is the line Ministry for the POSH Act, it is the Labour Ministry and Industries Ministry that deal with workplaces and employers. 'Accountability is falling between the cracks. Where is the evidence-based analysis on how this law is functioning? It's a black hole.' She says the Balasore case shows that even where ICCs are in place, they are merely a 'dead letter' if there is insufficient training for members, if the power imbalance in a workplace is not addressed, and if there is no confidentiality being maintained. (Those in distress or having suicidal thoughts are encouraged to seek help and counselling by calling the helpline numbers here)
New Indian Express
6 days ago
- Business
- New Indian Express
Over 900 Internal Committees formed under PoSH Act in Krishnagiri; hotels, showrooms yet to comply
KRISHNAGIRI: As of the second week of July, a total of 942 Internal Committees (ICs) have been formed in Krishnagiri district under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act). Additionally, the department has received nil reports from 1,007 industries and companies with fewer than ten employees, where committee formation is not mandated. However, hotels offering boarding and lodging, along with textile and jewelry showrooms, are yet to form ICs and submit their reports to the District Social Welfare Office (DSWO). Sources from the Social Welfare Department told TNIE that these committees have been established in private and government educational institutions, government offices, industries, and private clinics. The PoSH Act was enacted to ensure a safe and secure work environment for all women and to provide an effective mechanism for redressing sexual harassment complaints. The law mandates that organizations with ten or more employees must constitute an IC under Section 4 of the Act to receive and address complaints of sexual harassment in the workplace. Consequently, 942 committees were formed in the district following various awareness programs and letters sent to multiple departments by the district social welfare department.
New Indian Express
18-07-2025
- Politics
- New Indian Express
Odisha schools told to step up safety measures for girls, promote gender equity
BHUBANESWAR: The School and Mass Education department on Thursday asked all schools to ensure compliance with The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and promote positive gender attitude among children and teachers. Commissioner-cum-secretary of School and Mass Education department Shalini Pandit directed all district education officers to review implementation of the Act in schools, along with timely constitution and re-constitution of the internal complaints committee in all the eligible schools (employing 10 or more persons). Stating that it is also imperative that a safe environment is created in schools for physical, mental and socio-emotional well-being of all students, especially girls, Pandit has also asked schools to strictly integrate BARNALI (gender equity programme) curriculum in schools. BARNALI curriculum is intended to promote positive gender attitude and behaviour in students, teachers and parents and eliminate gender-based violence. Pandit directed all elementary and secondary schools to strictly follow the BARNALI curriculum and integrate it with the social studies curriculum. Further, the department had mandated all schools to display the women helpline (181), child helpline (1098), police helpline (112) and school student helpline (18003456722) at prominent places in campuses, residential hostels and workplaces.
Indian Express
27-06-2025
- Indian Express
Bihar ASI accused of sexually assaulting superior officer, suspended
An assistant sub-inspector (ASI) in Bihar was suspended after an FIR was registered against him on charges of sexually assaulting a Scheduled Caste woman sub-inspector. Confirming the ASI's suspension, Superintendent of Police, Jehanabad district, Vineet Kumar on Friday said, 'In view of the gravity of the charges, the accused officer has been suspended and directed to report to police headquarters. A request has also been made to the Inspector General of the Magadh Range to assign a different headquarters for the duration of the suspension.' Kumar also said that 'three separate inquiries are underway, a criminal investigation based on the FIR, an internal complaint committee inquiry under POSH (The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013) and departmental proceedings'. Based on a complaint lodged by the woman sub-inspector, an FIR was registered at Mahila (Woman) Police Station Tuesday under sections 74, 75, 79 and 351(2) of the Bharatiya Nyaya Sanhita, 2023, for offences of assault or use of criminal force to woman with intent to outrage her modesty, sexual harassment, word, gesture or act intended to insult modesty of a woman and criminal intimidation. Sections 3(1)(w) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 have also been invoked. According to a police source, the incident took place on April 7. She alleged that the accused touched her inappropriately and molested her, the source said. According to her complaint, the sub inspector alleged that when she confronted the ASI, he threatened her, saying, 'If you report this to senior officers, I will riddle you with bullets.' The complainant also alleged that the accused hurled casteist slurs, sources said. According to the complaint, the sub inspector said that being a woman police officer from the Scheduled Caste, she initially 'refrained from coming forward due to fear and only filed the complaint after mustering the courage to do so'.
New Indian Express
30-04-2025
- New Indian Express
Slow-paced formation of Internal Complaints Committees at institutions in TN's Krishnagiri
KRISHNAGIRI: While 511 Internal Complaints Committees (IC) were formed under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act) in Krishnagiri district in both private and government sectors till the last week of April, only 66 ICs were formed in government offices. Despite awareness and warnings by the district Social Welfare and Women Empowerment Department and Krishnagiri collector, some officials are reluctant in forming these committees. POSH Act was enacted to provide a safe and secure work environment for all women, and to ensure effective redressal of complaints of sexual harassment. The law states that an organisation with ten or more employees must constitute an IC to receive and redress complaints of sexual harassment at workplaces. IC must be constituted as per Section 4 of the Act. Sources from the social welfare department in the district said, "There are 207 ICs in government and private schools and colleges, and other educational institutions in Krishnagiri district. Similarly, various factories and private companies formed 222 ICs. Only 66 ICs have been formed in government offices. Out of eight taluk offices, ICs were constituted in five offices, while out of ten block development offices, only five have ICs." ICs have been formed in just 78 government schools in the district, while the police department at sub-division level and primary health centres at block-level are yet to form such committees. However, both have ICs set up at the district office. District Social Welfare Officer R Sakthi Subashini told TNIE , "On multiple occasions, officials were asked to constitute ICs, but only some are following the instructions. Apart from forming the committees, its details should be uploaded on website. Krishnagiri Collector C Dinesh Kumar also warned that failure to form ICs will attract a fine of Rs 50, 000 on the concerned department or organisation. Over 210 awareness programmes have been conducted across the district since January 2024 about forming ICs, but the implementation has been slow.'
