Sexual Harassment at the Workplace

RECENT ANNOUNCEMENTS:

Supreme Court Judgement - December 2024

⇨States and union territory to appoint a district officer in each district by December 31^st  2024. The district officer will constitute a local complaints committee (LCC)  by January 31^st 2025. (Now IC,LC)

⇨Appoint nodal officers at taluk levels, upload the details of nodal officers, IC's and LC's on shebox portal. 

⇨Deputy commissioners/ district magistrates to survey public and private organizations for ICC compliance under section 26 of POSH act and submit compliance reports.

Recent-updates Proposed For amendment

Section 9 Allows complainants to report incidences of harassment within three months with an additional three months extension under exceptional circumstances. 

Suggestion for amendment extending to a window period of one year while abolishing the discretionary three months extension.

Sexual harassment at the workplace is an enhanced form of violence that takes place in daily routine and snatches away the women’s right to life and healthy livelihood.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: This law mandates employers to provide a safe working environment for women and establishes procedures for addressing complaints of sexual harassment at the workplace. It defines sexual harassment broadly and requires employers to set up Internal Complaints Committee (ICC) to handle complaints.

Key Provisions:

Internal Complaints Committee (ICC):  As per the POSH Act, an employer has 10 workers or more is required to set up an Internal Complaints Committee for the redressal of ‘sexual harassment complaints at such entity and to regulate and administer complaints on sexual harassment. An Internal Complaints Committee is required to be constituted which shall submit an annual report to its employer and District Officer. Mandatory establishment of an ICC in every organization with 10 or more employees.

The Local Complaints Committee (LCC) 

In workplaces where the number of employees is less than ten or in places where it is not possible to constitute an ICC due to any valid reason, the Act provides for the establishment of a Local Complaints Committee (LCC). In addition to ICCs, the act also provides for the establishment of Local Complaints Committees (LCCs) in every district of India.

What is POSH (Prevention of Social Harassment Committee) ACT

POSH or the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the Act) is a groundbreaking law on a much-needed and burning issue. It is India’s first codified legislation that categorically deals with the prevention, prohibition, and redressal of sexual harassment of women at the workplace.

The Act came into force on December 9, 2013, and is binding on every organization, public or private, having more than 10 employees.

Origins:  The POSH Act’s roots lie in the Vishakha Guidelines of 1997, formulated after the Bhanwari Devi gang rape case in Rajasthan. These guidelines laid the foundation for addressing sexual harassment at workplaces.

Objective: The Act aims to prevent and protect women from sexual harassment at workplaces and ensure effective redressal.

Legislation Enactment: After nearly 16 years, in 2013, the POSH Act was enacted, transforming the guidelines into a legal framework.

Usefulness:

(1) The constitution of IC helps an organization in reaching the objective of building a safe workplace in line with the guidelines of the Act.

(2) Duly formed IC helps in reducing the reputational risk for the organization because when Internal Complaints Committee is trained it can deal with cases of sexual harassment at the workplace effectively within the organization itself.

(3) The IC training also reduces the risk of unnecessary litigation that is increasing in the organizations due to the ineffectiveness of IC to deal with sexual harassment cases.

Internal Complaints Committee (ICC)

Responsibilities of ICC:

Every company should have a safe and harassment-free workplace. In the case of the complaint against POSH, the ICC is solely responsible to investigate without being bias. The ICC is required to be vigilant to redress the sexual harassment complaints and resolves the same ASAP. ICC is the sole authority to inquire about the complaints and make efforts to redress the same.

The Complaints of sexual harassment at a workplace corrode the persona of not only the complainant and the accused, but of the company and its goodwill as well. Important guidelines which ICC is required to comply with while conducting the sexual harassment inquiry The timelines for resolving complaints as defined under the Act which ICC needs to follow while investigating a complaint.

Complaint Mechanism: Provision for women to file a complaint of sexual harassment.

Confidentiality: Ensuring the confidentiality of the complainant and the proceedings. Penalties: For non-compliance, organizations face monetary fines also.

Mandatory Requirement:

Applicability: Every organization with 10 or more employees must have an Internal Complaints Committee (ICC) to address sexual harassment complaints at the workplace

Members of ICC:

An ICC is an internal committee of a workplace to receive and redress complaints of sexual harassment. It is required to consist of a minimum of four members: A Presiding Officer who has to be a woman employed at a senior level at the workplace.

From the Organisation-

Chairperson:

Eligibility: Women working at senior level as employee; then nominated from other offices/units/ if not available department/workplace of the same employer.

2 members(minimum):

Eligibility: From amongst employees committed to the cause of women/ having legal knowledge/ experience in social work.

Member:

Eligibility: From amongst NGO/associations committed to the cause of women or a person familiar with the issue of sexual harassment.

External Members-

External third party/ members on the complaint committee/s (from the civil society or legal background) should possess the following attributes:

1.Demonstrated knowledge, skill and capacity in dealing with work place sexual harassment issues/ complaints.

2.At least 5 years of experience as a social worker, working towards women’s empowerment and in perticular, addressing workplace sexual harassment.

3.Sound grasp and practice of the legal aspects/ implications. Especially with labour, service, and criminal law.

Duties of the ICC:

1. Redressal of the complaints filed

• Within the scope of the laws
• With fairness and bias
• Within the time period of 90 days

2. Awareness Workshops and Activities

To educate all employees of the organisation

• Sexual harassment at workplace, it’s effects and laws against it.
• Filing the complaint with ICC.

3. Workshops and Activities

Filing a Complaint:

Complaint Format:

Written Complaint: The complainant should submit a detailed written complaint, which may include the following details:

1. Name, address, and contact details of the complainant.

2. Date, time, and location of the alleged harassment.

3. The name and designation of the person against whom the complaint is filed.

4. A description of the incident(s) or behavior that the complainant is alleging constitutes harassment.

5. Any witnesses to the incident, if applicable.

6. Any supporting evidence, such as emails, text messages, or witness statements.

Oral Complaint: If the complainant is unable to provide a written complaint, they may verbally report the harassment to the ICC. The committee must then ensure that a written record of the complaint is created.

Filing a Complaint – Process:

Step 1: Filing the Complaint:

The complainant files the complaint with the ICC, either in person or by email, or through other mechanisms set by the organization.

Step 2: Acknowledgement:

Upon receipt of the complaint, the ICC acknowledges the complaint in writing, which should include the date of receipt, a brief summary of the complaint, and the next steps.

Step 3: Conciliation (Optional):

Voluntary Conciliation: The complainant may choose to resolve the issue through conciliation, where the ICC attempts to mediate between the complainant and the respondent (the person accused). However, if the complainant does not wish to engage in conciliation or if the matter is not resolved, the process moves to the next stage.

If conciliation is unsuccessful or not chosen, the formal inquiry process begins.

Step 4: Inquiry Process:

The ICC initiates an inquiry into the complaint within 7 days of receiving it.

The committee will call for a hearing where the complainant and the respondent (the person accused) will be allowed to present their sides.

The ICC may also call witnesses and collect any other relevant evidence.

The ICC has a time limit of 90 days from the date of receiving the complaint to complete the inquiry and submit the report..

6 Stages of Redressal:

Stage-1: Receipt of the complainant

• Receive and Acknowledge receipt of the complainant
• Meet and talk to the complainant to discuss options of formal/informal resolution
• Start informal/formal mechanism as chosen by the complainant
• Inform the respondent and ask for a response.

Stage-2: Planning Carefully

• Prepare the file
• Interim measures and support for the complainant

Stage-3: Interviews

• Prepare an interview plan(complainant, respondent, witnesses)
• Assess completeness of the information collected.

Stage-4: Reasoning and Analysis

• Analyze the information gathered
• Create a timeline of events from the information
• Compare similarities/ differences of statements from the interviewees.

Stage-5: Findings and Recommendations

• Conclude whether the complainant is upheld or not
• Recommendations according to your findings

Stage-6: Writing the report and submitting to the employer for final submission

• Write the report
• Submit to the employer

Timeline for Action( Step by Step)

1. Submission of Complaint to the ICC- Within 3 months of the last incident

2. Notice to the Respondent by the ICC- Within 7 days of receiving the complaint

3. Reply of the Respondent (optional) in writing- Within 10 days of receiving notice from ICC

4. Completion of Inquiry by ICC- Within 90 days of receiving complaint

5. Submission of report by ICC to the employer- Within 10 days of completion of inquiry

6. Implementation of Recommendations- Within 60 days of receipt of report from ICC

7. Appeal to Tribunal/Court by the complainant/respondent as the case may be- Within 90 days of the recommendations

8. Report of the ICC to the appropriate GOVT. or District Officer- In the Annual Report of that year

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Punishment and Remedies:

If the accused is found guilty, the ICC may recommend disciplinary action such as:

• A written apology
• A warning or reprimand
• Suspension or transfer
• Termination from employment
• Financial compensation to the complainant
• The complainant can also be provided with:
• Supportive measures, such as counseling or a change in reporting structure.
• Compensation or damages for emotional distress, if applicable.

Appeal Process:

If either the complainant or the respondent is not satisfied with the ICC’s decision, they can appeal to the Appellate Authority (usually senior management or an external body) within 90 days of the decision.

The appellate authority will review the case and decide whether to uphold or modify the ICC's recommendation.

Confidentiality and Protection:

The entire process is confidential. The complainant’s identity, as well as the details of the investigation, are not to be disclosed to unauthorized persons.

Retaliation against the complainant, witnesses, or anyone involved in the process is strictly prohibited.

Can the Organization’s POSH Policy be gender neutral?

Since the POSH Act protects only women against sexual harassment, can the organization’s POSH policy be gender neutral? 

The answer is yes. Organizations can still have a gender-neutral policy, that allows employee of any gender to file a complaint of sexual harassment with the IC. However, it is to be noted that when there is a sexual harassment complaint from a man or third gender, the powers granted to the Internal Committee will not be applicable. When the Internal Committee handles cases filed by a man or third gender, they can use the powers granted by the organization’s grievance redressal mechanism.

If the organization’s policy is not gender-neutral, the policy can include information about how it handles complaints from other genders. For example, a line that says “Refer to the Code of Conduct policy to know the process of accepting and redressing sexual harassment complaints by other genders” can be included in the policy.🔗

UGC (University Grants Commission) has made its regulations on preventing sexual harassment in higher educational institutions gender-neutral. In 2016, the UGC notified the first-ever gender-neutral regulations on sexual harassment, making it a gender-neutral issue and allowing male students, third-gender students, and all employees of all sexes to lodge complaints of sexual harassment.🔗

Local Complaint Committee(LCC)

It operates at the district level and is responsible for receiving, inquiring into, and redressing complaints of sexual harassment. It has the authority to conduct inquiries, recommend actions, and aid the victim.

Composition:

a. Presiding Officer: An eminent woman in the field of social work and committed to the cause of women.

b. A woman working in block, taluka or tahsil or ward or municipality in the district.

c. One member from any related field, such as social work or human rights.

d. In addition to this, the officer dealing with the social welfare or women and child development in the district will be an LCC member by defult.

e. One of the members who is nominated will have strong background in law or legal knowledge.

f. One of the members will be a woman belonging to the SC/ ST or other backward classes or minority community.

Functions:

The LCC’s main functions include receiving complaints of sexual harassment, conducting inquiries into the complaints, helping the complainant during the inquiry process, and recommending appropriate actions and redressal measures.

Jurisdiction:

The LCC has jurisdiction over the workplace where the complaint arises. It has the authority to investigate complaints of sexual harassment filed by any woman, whether she is an employee, an intern, or a visitor to the workplace.

Responsibilities

The LCC has several responsibilities, including:

1. Receiving complaints of sexual harassment from employees, or any person associated with the organization.

2. Conducting inquiries or investigations into the complaints.

3. Submitting a report to the employer within 10 days of receiving the complaint.

4. Recommending appropriate actions to the employer based on the inquiry findings.

5. Monitoring the implementation of the recommendations and providing follow-up reports.

Complaint Procedure:

• The POSH Act defines a specific procedure for filing complaints with the LCC.
• The complainant should submit the complaint in writing to the LCC, either in person or through email.
• The LCC is required to maintain confidentiality throughout the inquiry process.

Timeframe:

• The LCC is mandated to complete the inquiry within 90 days of receiving the complaint.
• If the LCC finds the accused guilty, it can recommend disciplinary action against the offender, such as warning, reprimand, transfer, or termination of employment.

Member of LCC (Local Complaint Committee) Dist. KHORDHA

(Provision Contained Section 4(1) of sexual harassment at workplace Act-2013)

SL NO	Name of the Participant	Designation	Phone Number
1	Smt. Manjuprava Dhal NGO Member	Chairperson	9437115139
2	Rumana Jafri OAS Tahasildar, Jatni	Member	8018114649
3	Smt. Sabitri Mishra, Advocate	Member	9437281492
4	Mr. Kartik Pradhan, NGO Member	Member	9937301625
5	Smt. Pushpanjali Mishra, DSWO	Member Convener	9437930085

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