The POSH Act, or the Prevention of Sexual Harassment at the workplace act, is a legal framework in India that aims to protect employees from sexual harassment at workplace and provide redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.

One of the key elements of POSH Act is the formation of an Internal Committee at the Organizational level and the Local Complaints Committee at District level. In this blog, we shall discuss about the committees and its members.

The Development of Workplace Sexual Harassment Laws

The Vishakha v. State of Rajasthan case is a landmark legal case in India that played a crucial role in the establishment of guidelines for preventing and addressing sexual harassment of women in the workplace. Here are the key details of the case:

Case Background: In 1997, the brutal gang rape of Bhanwari Devi, a social worker, occurred in Rajasthan. Her perpetrators justified their actions by citing her work in preventing child marriages in her village. This incident drew national and international attention, highlighting the need for laws and guidelines to prevent sexual harassment at the workplace. In response to this incident, a group of women's rights activists and organizations filed a Public Interest Litigation (PIL) in the Supreme Court of India.

The Supreme Court, in its judgment in 1997, did not provide a specific legal framework for addressing workplace sexual harassment but laid down comprehensive guidelines. These guidelines, known as the "Vishaka Guidelines," created a legal framework for addressing and preventing sexual harassment in the workplace before specific legislation was enacted.

Some key points from the Vishaka Guidelines include:

• Employers and organizations must take measures to prevent and address sexual harassment.
• Employers should establish a Complaints Committee to investigate complaints.
• The Complaints Committee should be headed by a woman and consist of at least half women members.
• The committee should conduct an inquiry and submit a report to the employer.
• Victims should not be victimized or discriminated against for filing a complaint.
• The employer should provide protection to the victim and take action against the harasser.
• Employers should organize awareness programs and workshops.

The Vishakha case and the subsequent Vishakha Guidelines laid the foundation for the legal framework that led to the enactment of the "Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013." This act provided a comprehensive legal framework for addressing sexual harassment at the workplace.

The Vishakha case is considered a significant step in recognizing and addressing workplace sexual harassment in India. It emphasized the importance of creating safe working environments for women and established important principles that continue to guide the prevention and redressal of sexual harassment cases in the country.

Complaint Committees under the POSH Act

Internal Committee
In the Accordance with Section 4 of the Sexual Harassment of Women at Workplace Act 2013, An Internal Committee shall be constituted within organization to resolve complaints of sexual harassment at workplace. The committee shall be constituted by the every employer at the workplace.

If the organization has multiple offices then the committee shall be constituted at all administrative units or offices.

The members of Internal Committee include:

• Presiding Officer:
  The presiding office shall be a woman employed at a senior level at workplace. In case if a senior level woman employee is not available then the presiding officer shall be nominated from other offices or administrative units.
   
• Social work/ legal expert:
  At least two members from employees working to the cause of women or who have experience in social work or have legal knowledge.
   
• NGO/ Association representative:
  One member from amongst non-governmental organisations or association committed to the cause of woman or a person familiar with the issues relating to sexual harassment. He or she shall be paid such allowances for holding the proceeding of the internal committee by the employer as may be prescribed.

Provided that at least one-half of the total members so nominated shall be women.

Tenure of Presiding officer and Members:

The presiding officer and every member of the internal committee shall hold office not more than three years, from the date of their nomination as may be specified by the employer.

Removal of Presiding Officer and Members of the Internal Committee:

1. If they contravene the provisions of section 16 i.e., prohibition of publication or making known of complaint and inquiry proceedings; or
2. Has been convicted for an offence or an inquiry into an offence is pending against him; or
3. Has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or
4. Has misused his position as to render his continuance in office prejudicial to the public interest.

In the case, Apparel Export Promotion Council Vs AK Chopra (1999): The court Emphasized the duty of the employer to prevent and address sexual harassment and the employer's responsibility to set up an Internal Complaints Committee(ICC).

Local Complaints Committee
In accordance with the section 6 of the Sexual Harassment with women at workplace act 2013, every district officer shall constitute a committee to be known as the "Local Complaints Committee" at district level. The committee shall receive complaints of sexual harassment from establishment where the internal complaints committee has not been constituted due to having less than ten workers or if the complaint is against the employer himself.

The District officer shall designate one nodal officer in every block, taluka and tehsil in rural or tribal area and ward or municipality in the urban areas, to receive complaints and forward the same to the concerned local complaints committee within a period of seven days.

The composition of Local Committee is as follows:

1. A chairperson, who shall be a woman amongst the eminent woman in the field of social work and committed to the cause of women;
2. One member amongst the women working in block, taluka or tehsil or ward or municipality in the district;
3. Two members in whom one shall be a woman from amongst Non-governmental organizations or associations committed to the cause of women or a person familiar with the issues related to sexual harassment. At least one of the members shall have a background in law or legal knowledge. Further, there must at least one woman belonging to the scheduled castes, scheduled tribes or other backward classes or minority community.
4. The officer dealing with the social welfare or women and child development shall be an ex officio member.

The chairperson and every member of local committee shall hold office for a maximum period of three years from the date of their appointment. They shall be entitled to such fees or allowances for holding the proceeding of the local government as may be prescribed.

Grounds for the removal of chairperson and members of the local committee are:

1. If they contravene the provisions of section 16 i.e., prohibition of publication or making known of complaint and inquiry proceedings; or
2. Has been convicted for an offence or an inquiry into an offence is pending against him; or
3. Has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or
4. Has misused his position as to render his continuance in office prejudicial to the public interest.

Procedure of complaint
The complaint of sexual harassment at workplace can be made at the Internal Committee or the Local Committee in accordance with section 9 of the act. The following is the procedure:

• An aggrieved woman may file a complaint in writing of sexual harassment to the internal committee and if the internal committee is not constituted then to the local committee, within three months from the date of the incident. In case of a series of incidents, within three months from the date of the last incident.
• If a woman cannot make a complaint in writing, the Presiding Officer or any Member of the Internal Committee or the Chairperson or any Member of the Local Committee provide all reasonable assistance to the woman for making a complaint in writing.
• Furthermore, the Internal Committee or the Local Committee may exceed the time limit but not more than three months by recording a reason in writing.
• If the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, then her legal heir or any authorized person can make a complaint.

Conclusions
The complaint committee established under the POSH Act 2013 is a critical component of creating a safe and harassment-free workplace in India. Its proper functioning is essential to address and prevent incidents of sexual harassment, protect the rights of employees, and maintain a respectful work environment. Organizations should take this mandate seriously and ensure that they comply with the Act's requirements to safeguard their employees and maintain a positive workplace culture.

FAQs:

1. What is the meaning of sexual harassment?
   • Physical contact and advances; or
   • A demand or request for sexual favours; or
   • Making sexually colored remarks; or
   • Showing pornography; or
   • Any other unwelcome physical, verbal or non-verbal conduct of sexual nature
2. Difference between local committee and internal committee? Local committee is at district level and headed by a woman chairperson, whereas internal committee is within an organization and headed by a woman presiding officer.
3. Does every branch/office need to have an Internal Committee? A company must need to set up an internal committee at every branch or office where at least ten employees are employed.
4. What are the powers of committees? To investigate complaints of workplace sexual harassment, the Internal Committee and Local Committee have the same powers as are vested in a civil court under the Code of Civil Procedure, 1905 when they try a suit.
5. Is this act applied to men and LGBTQ+? This act came into existence for the protection of women from sexual harassment at the workplace and only applicable to women.

References:

• The Sexual Harassment Of Women At Workplace (Prevention, Prohibition And Redressal) Act, 2013
• Vishakha Vs State Of Rajasthan AIR 1997 SC3011