Internal Complaints Committee (ICC) – Statutory Note under POSH Act, 2013 By Dr. Nitya Sundara Sia

 

Internal Complaints Committee (ICC) – Statutory Note under POSH Act, 2013


In compliance with the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, every establishment employing ten (10) or more employees shall constitute an Internal Complaints Committee (ICC) to address complaints of sexual harassment at the workplace.

1. Objective

The Internal Complaints Committee (ICC) is constituted to:

  • Prevent acts of sexual harassment at the workplace
  • Provide a mechanism for redressal of complaints
  • Ensure a safe, secure, and dignified working environment


2. Definition of Sexual Harassment

Sexual harassment includes any unwelcome act or behaviour (whether direct or implied), such as:

  • Physical contact and advances
  • Demand or request for sexual favours
  • Making sexually coloured remarks
  • Showing pornography
  • Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature

It also includes circumstances that may:

  • Interfere with work performance
  • Create an intimidating, hostile, or offensive work environment
  • Affect employment decisions

3. Constitution of ICC

The ICC shall be constituted as per statutory requirements:

  • Presiding Officer: Senior woman employee
  • Minimum two (2) Internal Members
  • One (1) External Member (NGO / legal expert / social worker)
  • At least fifty percent (50%) of the members shall be women
  • Tenure of members: up to three (3) years

4. Filing of Complaint

  • Any aggrieved woman may submit a written complaint to the ICC
  • Complaint shall be filed within three (3) months from the date of incident
  • Extension of time may be granted by ICC for valid reasons
  • Assistance shall be provided for filing the complaint, if required

5. Conciliation (Optional)

  • May be initiated at the request of the complainant
  • No monetary settlement shall be made
  • Settlement terms shall be recorded and implemented

6. Inquiry Procedure

  • Inquiry shall be conducted in accordance with principles of natural justice
  • Both parties shall be given an opportunity to be heard
  • Inquiry shall be completed within ninety (90) days

7. Interim Relief

During the pendency of inquiry, the ICC may recommend:

  • Transfer of either party
  • Grant of leave to the complainant
  • Any other appropriate relief

8. Inquiry Report & Action

  • ICC shall submit its report within ten (10) days of completion
  • Employer shall act upon recommendations within sixty (60) days
  • Disciplinary action shall be as per applicable service rules

9. False or Malicious Complaints

Action may be taken only where malicious intent is established. Mere inability to substantiate a complaint shall not attract action.

10. Confidentiality

All proceedings shall be strictly confidential. Disclosure of:

  • Identity of parties
  • Witness details
  • Proceedings of inquiry
    is prohibited and subject to disciplinary action.

11. Duties of Employer

The employer shall:

  • Provide a safe working environment
  • Display POSH policy and awareness materials
  • Organize training and sensitization programs
  • Assist the ICC in conducting inquiries
  • Ensure implementation of ICC recommendations

12. Non-Retaliation

Retaliation against the complainant, respondent, or witnesses is strictly prohibited and shall be treated as misconduct.

Conclusion 

The ICC mechanism under the POSH Act, 2013 is a statutory obligation aimed at ensuring dignity, equality, and safety at the workplace. All employees are required to adhere to these provisions and cooperate in maintaining a respectful work environment.

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