Can anyone explain the complete working of POSH and IC? Please clarify about my understanding.
1. Is it ICC (Internal Complaints Committee) or IC (Internal Committee) - which one is right?
2. Like Safety Committee/Works Committee, is it mandated for IC to meet every month?
3. While a woman is pregnant and being an aggrieved woman, is there any preference given?
From India, Chidambaram
Acknowledge(0)
Amend(0)
1. Is it ICC (Internal Complaints Committee) or IC (Internal Committee) - which one is right?
2. Like Safety Committee/Works Committee, is it mandated for IC to meet every month?
3. While a woman is pregnant and being an aggrieved woman, is there any preference given?
From India, Chidambaram
Acknowledge(0)Amend(0)
Dear Abhinav,
Your queries and responses from the Special Educators of Kritarth are as follows, point by point:
Query 1: Is it mandatory for the Internal Committee (IC) to meet every month like the Safety Committee/Works Committee?
Response: There is no mandate or guideline for the IC to meet every month. It is at the discretion of the IC to decide the frequency of its reviews or regular meetings. The IC can decide when it shall meet, except in cases where a sexual harassment complaint has been lodged. In such cases, an inquiry must be completed within ninety days from the start of the proceedings.
The Internal Committee (IC) is constituted under Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013. It is an independent legal entity not supervised by any individual, and it does not need to report to anyone for its proceedings or recommendations. The Presiding Officer of the IC is required to submit an annual report to the District Officer as per Section 21 and Rule 14 of the Central Rules framed under the Act.
Query 2: Can anyone explain the complete working of POSH and IC?
Response from Kritarth Team: The Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013 was established following the Supreme Court's Visakha Judgment to emphasize that any act of sexual harassment at the workplace violates the fundamental rights of women guaranteed by the Indian Constitution. The objective of the Act is to ensure that employers provide protection to women from sexual harassment in the workplace, creating a safe environment free from harassment.
The IC, comprising a minimum of four members, plays a crucial role in addressing workplace sexual harassment incidents. Employers are required to organize orientation and capacity-building programs for IC members to fulfill their duties effectively. Section 19 of the Act outlines the duties of employers that must be thoroughly understood.
Query 3: Is it ICC (Internal Complaints Committee) or IC (Internal Committee) - which one is correct?
Response from Kritarth Team: The proper term is "Internal Committee" following an amendment in May 2016, which removed the word "Complaint" from the Act. Both "Internal Committee" and "Internal Complaints Committee" are used interchangeably in the text of the Act.
Query 4: Is it mandatory for the Internal Committee to meet every month like the Safety Committee/Works Committee?
Response from Kritarth Team: Same response as above.
Query 5: Is there any preference given to a pregnant woman who is an aggrieved party?
Response from Kritarth Team: There is no preference given based on pregnancy status. All aggrieved women alleging sexual harassment are treated equally and with the same respect.
It is crucial for employers to understand the consequences of non-compliance with the Act, as stringent penalties are prescribed for defiance.
For any assistance, feel free to reach out.
Harsh K Sharan
Special Educator, Kritarth Team
12th May 2018
From India, Delhi
Acknowledge(0)Amend(0)
214Your queries and responses from the Special Educators of Kritarth are as follows, point by point:
Query 1: Is it mandatory for the Internal Committee (IC) to meet every month like the Safety Committee/Works Committee?
Response: There is no mandate or guideline for the IC to meet every month. It is at the discretion of the IC to decide the frequency of its reviews or regular meetings. The IC can decide when it shall meet, except in cases where a sexual harassment complaint has been lodged. In such cases, an inquiry must be completed within ninety days from the start of the proceedings.
The Internal Committee (IC) is constituted under Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013. It is an independent legal entity not supervised by any individual, and it does not need to report to anyone for its proceedings or recommendations. The Presiding Officer of the IC is required to submit an annual report to the District Officer as per Section 21 and Rule 14 of the Central Rules framed under the Act.
Query 2: Can anyone explain the complete working of POSH and IC?
Response from Kritarth Team: The Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013 was established following the Supreme Court's Visakha Judgment to emphasize that any act of sexual harassment at the workplace violates the fundamental rights of women guaranteed by the Indian Constitution. The objective of the Act is to ensure that employers provide protection to women from sexual harassment in the workplace, creating a safe environment free from harassment.
The IC, comprising a minimum of four members, plays a crucial role in addressing workplace sexual harassment incidents. Employers are required to organize orientation and capacity-building programs for IC members to fulfill their duties effectively. Section 19 of the Act outlines the duties of employers that must be thoroughly understood.
Query 3: Is it ICC (Internal Complaints Committee) or IC (Internal Committee) - which one is correct?
Response from Kritarth Team: The proper term is "Internal Committee" following an amendment in May 2016, which removed the word "Complaint" from the Act. Both "Internal Committee" and "Internal Complaints Committee" are used interchangeably in the text of the Act.
Query 4: Is it mandatory for the Internal Committee to meet every month like the Safety Committee/Works Committee?
Response from Kritarth Team: Same response as above.
Query 5: Is there any preference given to a pregnant woman who is an aggrieved party?
Response from Kritarth Team: There is no preference given based on pregnancy status. All aggrieved women alleging sexual harassment are treated equally and with the same respect.
It is crucial for employers to understand the consequences of non-compliance with the Act, as stringent penalties are prescribed for defiance.
For any assistance, feel free to reach out.
Harsh K Sharan
Special Educator, Kritarth Team
12th May 2018
From India, Delhi
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Safety Committee meetings - Getting them Working for Yout.doc
Making Safety Committee More Effective.pdf