“Stay compliant with the POSH Act! The Hon’ble Supreme Court directs the Government to ensure workplaces follow the Sexual Harassment of Women at Workplace Act, 2013. Understand the regulations, compliance, and the constitution of Internal Committees.”
Hon’ble Supreme Court (SC) of India directed to Center, State & U.T. governments to verify the POSH compliance
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
The Bill got the assent of the President on 22nd April 2013.
Since 2013 it is mandatory for the organization to apply the rules of the law into the organization and to provide a safe, secure, and good environment for every woman.
Still, too many companies or/and other organizations are failed to apply this act and the rules under the act.
Every Deputy Commissioner or District Magistrate of the city is the reporting authority for the city and has the power to take action against the organizations in case of failure or not fulfilling the duties as per the act.
‘May 12 (Friday): Hon’ble Supreme Court of India directed the Centre, all state governments and Union Territories to verify as to whether all the concerned ministries, departments, government bodies, authorities, public sector undertakings, institutions, etc. have constituted sexual harassment committees.’
Justice Kohli directed to Central Government, State Governments & All Union Territories to take necessary actions to be applicable and have proper implications to provide the best, safeguard, and healthy environment to women in every manner.
Hon’ble Bench also directed to undertake a time-bound exercise to verify the constitution of the IC/ICC/LCC and to verify the necessary information of the IC/ICC/LCC
Let’s understand in a summarized manner the POSH Act, Compliance, and constitution of I.C.
POSH is an act introduced to protect women from sexual harassment at their place of work. This act was passed by the Lok Sabha (the lower house of the Indian Parliament) on 3rd September 2012. It was passed by the Rajya Sabha (the upper house of the Indian Parliament) on 26th February 2013. The Bill got the assent of the President on 22nd April 2013.
“Sexual harassment at the workplace is a form of discrimination against women and it violates the constitutional right to equality” as observed by the Hon’ble Supreme Court of India in the case of Vishaka & Ors. V. State of Rajasthan [1997(7) SCC 323].
Article 21, which relates to the right to life and personal liberty, includes the right to live with dignity, and in the case of women, it means that they must be treated with due respect, decency and dignity at the workplace.
The United Nations Committee on OCEDAW clarified that equality in employment can be seriously impaired when women are subjected to gender-specific violence, such as sexual harassment at the workplace. India’s commitment to protection and promotion of women’s constitutional rights as well as respect for its obligations under various international treaties is unequivocal.
In India, Every Employer (whether Proprietorship, firm, Company, etc.) is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees. The District Officer is required to constitute a Local Complaints Committee at each district, and if required at the block level.
Compliance under the Act
1. Every Employer (whether Proprietorship, firm, Company, etc.) is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees. The District Officer is required to constitute a Local Complaints Committee at each district, and if required at the block level.
2. Training, and awareness programs for the employees, and committee members.
3. Filing an Annual Return before the District Officer
4. To take an appropriate investigation and action in the case of complaints filed by the women.
Constitution of the Internal Committee: (Section 4)
The Internal Committee shall consist of the following members to be nominated by the employer, namely:-
a. Presiding Officer: shall be a woman employed at a senior level at the workplace.
b. Two Internal Members
v. One External member
Four members (minimum) are required in the committee. 50% of the members shall be women.
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