ICCs and POSH Act: Implementation challenges and Supreme Court concerns
The Supreme Court recently highlighted "serious lapses" in the enforcement of the POSH Act, underscoring the inadequate functioning of Internal Complaints Committees (ICCs). The POSH Act, 2013, mandates ICCs in workplaces with over 10 employees, superseding the Vishaka Guidelines (1997). ICCs are headed by a senior woman officer, with at least half members being women, and include an external member. They possess civil court powers, must complete inquiries within 90 days, and recommend action. Challenges include insufficient training, power imbalances, lack of confidentiality, and poor monitoring, often rendering ICCs ineffective or "dead letters."
Key Points
- The Supreme Court has expressed significant concern over "serious lapses" in the implementation of the POSH Act and the effectiveness of ICCs.
- The POSH Act, 2013, mandates ICCs in workplaces with more than 10 employees, building upon the earlier Vishaka Guidelines of 1997.
- ICCs are structured with a woman Presiding Officer, a majority of women members, and an external expert, wielding powers akin to a civil court.
- Key challenges include inadequate training, power imbalances, lack of confidentiality, and insufficient monitoring, leading to ICCs often being ineffective.
Exam Facts
- Act: The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).
- Preceded by: Vishaka Guidelines (1997).
- ICC composition: Headed by a woman, at least half members women, includes an NGO member.
- Inquiry timeline: 90 days.
- Supreme Court observation date: December 2024.
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