Riya, who works at a small organisation with fewer than 10 employees, experienced inappropriate physical contact from her manager, which left her feeling uncomfortable and unsafe. Confused about how to address the situation, she confided in her friend Prince, who explained the concept of an Internal Committee (IC). However, upon learning that her organisation is too small to mandate an IC, Riya now feels unsure about her options for filing a complaint.
Can Riya file a complaint under the Posh Act 2013 despite her organisation not having an IC?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act), is a landmark legislation in India that protects women from sexual harassment in workplaces. While it mandates the formation of an Internal Committee (IC) in workplaces with ten or more employees, the Act also addresses the needs of women in smaller establishments and the unorganised sector through Local Committees (LCs).
Let’s look into what Local Committees are, their purpose, and their critical role in ensuring workplace safety and equality.
What is a Local Committee?
A Local Committee is a statutory body established under Section 6 of the PoSH Act by district-level authorities to address complaints of sexual harassment at workplaces. The Local Committee is responsible for receiving and addressing complaints of sexual harassment from:
- Employees of organisations without an Internal Committee due to having less than ten employees.
- Women working in the unorganised sector, such as housekeeping staff
Composition of a Local Committee
The PoSH Act prescribes the following structure for a Local Committee under Section 7 to ensure a balanced and impartial approach. Although the Act does not specifically mention it, the Local Committee should have a minimum of five members and at least 50% of the members must be women.
- Chairperson: An eminent woman (someone who understands the field of work they are in) to be nominated from the field of social work and committed to the cause of women
- One member: A woman employed at the block, taluka or tehsil or ward or municipality in the district
- Two members: Working in a non-governmental organisation or association committed to the cause of women or a person familiar with the issues relating to sexual harassment. One of them should be a woman.
- Ex-officio Member: The officer in the district dealing with the social welfare or women and child development shall also be an ex-officio, by default, be a member of the LC
All members of the Local Complaints Committee are appointed for a term of three years from the date of their nomination.
Roles and Responsibilities of the Local Committee
Local Committees are entrusted with several key roles and responsibilities to safeguard women’s rights which include:
- Receiving complaints of sexual harassment from employees, or any person associated with an organisation.
- Conduct inquiries or investigations into the complaints.
- Submitting reports to the Respondent employer within 10 days of receiving the complaint
- Recommending appropriate actions to the employer based on the inquiry findings.
- Overseeing the implementation of recommendations and providing follow-up reports.
How do you file a complaint with the Local Committee?
If a woman working in an unorganised sector or an organisation having less than 10 employees faces sexual harassment then she has to submit six copies of the complaint, along with supporting evidence and witness details, to the nodal officer. The nodal officer, who is appointed by the district officer, is required to forward the complaint to the Local Committee within seven days.
Once the Local Committee receives the complaint, it will send a copy to the respondent company or the respondent if it is not a company/ organisation named in the complaint.
Following this, the respondent must submit their reply, along with evidence and witness details, within ten days of receiving the complaint.
Section 19 of the act lists down actions to be taken by the employer when a complaint is filed to the LC.
Upon learning about the LC, Riya files a complaint with them. Let’s see what her redressal options look like
When a complaint is filed with the LC, the complainant has two options to address the complaint: Conciliation or Inquiry. If the complainant chooses conciliation, the Local Committee will facilitate the process. If the complainant prefers an inquiry, the Local Committee will proceed with it. Neither party can have a lawyer during the inquiry. The inquiry must be completed within 90 days of receiving the complaint.
If the Local Committee finds that the allegations of sexual harassment are proven, the law specifies the action the local committee can take. These include disciplinary action or monetary compensation to the complainant.
After the inquiry, the Local Committee will submit a report to the district officer, outlining its findings and recommended actions. A copy of the report will be provided to both the complainant and the respondent.
Appeal process
However, upon conclusion of the inquiry, if any party is dissatisfied with the decision of the Local Committee, they can appeal to a higher authority. The PoSH Act allows for appeals to be made under Section 18 to the appropriate court or tribunal within 90 days of the decision.