Understanding the Role and Functioning of the Internal Complaints Committee (ICC) under the POSH Act.

What is the ICC?

The ICC is a mandatory committee that every employer must constitute to address complaints of sexual harassment at the workplace. It is designed to provide a safe and confidential platform for women to voice their grievances and seek redressal. The committee is responsible for conducting inquiries, recommending actions, and ensuring compliance with the POSH Act.

Key Responsibilities of the ICC

Receiving Complaints: The ICC is the first point of contact for any aggrieved woman facing sexual harassment. It is crucial that the committee ensures a safe and non-intimidating environment for the complainant to come forward.

Conducting Inquiries: The ICC must conduct a fair and impartial inquiry into the complaint. This includes summoning witnesses, examining evidence, and ensuring that the principles of natural justice are followed.

Recommending Actions: Based on the findings of the inquiry, the ICC can recommend actions ranging from warnings and reprimands to termination of employment. In severe cases, it can also recommend criminal prosecution.

Ensuring Confidentiality: Maintaining the confidentiality of the complainant and the proceedings is paramount. Any breach of confidentiality can deter women from coming forward and undermine the credibility of the ICC.

Constitution of the ICC

The POSH Act mandates specific requirements for the constitution of the ICC:

Presiding Officer: A senior-level woman employee must chair the ICC. If such an employee is not available, the presiding officer can be nominated from another office or administrative unit.

Members: The committee should include at least two employees committed to the cause of women or with experience in social work or legal knowledge. Additionally, one external member from an NGO or association familiar with issues of sexual harassment must be included.

Term: Members of the ICC, including the presiding officer, can hold office for a maximum of three years.

Practical Tips for Effective Functioning of the ICC

Training and Sensitization: Regular training sessions for ICC members are essential to keep them updated on legal developments and best practices. Sensitization programs can help members handle complaints with empathy and understanding.

Clear Communication: Ensure that all employees are aware of the ICC's existence, its members, and the process for filing complaints. This can be done through workshops, posters, and internal communications.

Impartiality and Neutrality: ICC members must remain impartial and free from any conflicts of interest. In cases where the respondent is a senior official, it is advisable to include external members to ensure fairness.

Timely Resolution: The POSH Act mandates that inquiries be completed within 90 days. Delays can lead to frustration and loss of trust in the process. Ensure that the ICC adheres to this timeline.

Documentation and Record-Keeping: Maintain detailed records of all complaints, inquiries, and actions taken. This not only ensures transparency but also helps in case of any legal challenges.

Case Study: Ensuring Impartiality

In a case involving a high-ranking official, the ICC was constituted with members who were subordinates to the accused. The High Court intervened and reconstituted the committee with external members to ensure impartiality. This highlights the importance of avoiding any potential bias in the constitution of the ICC.

Conclusion

The ICC plays a pivotal role in ensuring a safe and harassment-free workplace for women. By adhering to the guidelines of the POSH Act and implementing best practices, organizations can create an environment where women feel empowered to report incidents of sexual harassment without fear of retaliation. As POSH professionals, it is our responsibility to ensure that the ICC functions effectively and upholds the principles of justice and fairness.

Remember, the goal of the POSH Act is not just to address complaints but to prevent sexual harassment from occurring in the first place. By fostering a culture of respect and zero tolerance for harassment, we can create workplaces where everyone feels safe and valued.