The Sexual Harassment of women in the Workplace (Prevention, Prohibition and Redressal) Act 2013 is commonly known as the PoSH Act. It has developed a grievance redressal forum called the Internal Complaints Committee or ICC. In recent years it has come to be known only as the Internal Committee or IC.
Applicability of PoSH Act
An employer is required to set up this mechanism where it has a headcount of 10 or more employees. The committee is institutionalized to hear complaints and grievances in relation to incidents of sexual harassment. It is constituted to inquire into the grievance and make recommendations towards the complaints brought in front of it.
Importance of IC
The IC forms the most important part of the legislation. It helps in the implementation and execution of the PoSH Act. Non-compliance is an offense punishable with a fine for an amount of Rupees fifty thousand.
Constitution of IC
According to the law, the IC comprises a senior level woman employee as the chairperson or presiding officer and a minimum of two employees committed to upholding women’s rights having expertise or knowledge regarding the same. The PoSH Act also mandates that there be another member called the external member. They should be from an organization or an association dedicated to women’s welfare. Not less than half of the IC Members should be women. The term of the IC members should not exceed 3 years.
Legal Powers of the IC
The act gives the IC the powers of a Civil Court and thus it acts as a quasi-judicial body empowered to summon or enforce the attendance of any person, order the production of documents, and perform any other matter(s) as may be prescribed.