Gaps in Implementation of the POSH Act

A student in Balasore, Odisha died by self-immolation following inaction by the Internal Complaints Committee (ICC) on her sexual harassment complaint.

Structural and Legal Deficiencies in Enforcement of the POSH Act, 2013

Background and Legal Evolution of the ICC Mechanism

• Vishaka Guidelines (1997): Judicial Genesis
  • Originated from the Vishaka v. State of Rajasthan
  • Issued by the Supreme Court in the wake of Bhanwari Devi’s gang rape.
  • Mandated complaint committees with gender balance and third-party representation.
• POSH Act, 2013: Codifying Workplace Safety
  • Enacted post-Nirbhaya incident.
  • Formally institutionalised the ICC for workplaces with 10 or more employees.
  • Provided for Local Committees (LCs) at the district level for unorganised sector grievances.

Institutional Structure and Powers of the Internal Complaints Committee (ICC)

• Composition and Membership
  • Headed by a senior woman employee (Presiding Officer).
  • Two members with experience in social work/legal knowledge.
  • One external member from an NGO or expert on sexual harassment.
  • Minimum 50% representation of women is mandated.
• Jurisdiction and Timelines
  • Complaints must be filed within three months of the incident.
  • Inquiry to be completed within 90 days; findings to be acted upon in 60 days.
• Quasi-Judicial Powers
  • ICC has powers equivalent to a civil court under the Civil Procedure Code.
  • Confidentiality is legally mandated under Section 16 of the POSH Act.
  • Employers are obligated to assist the aggrieved woman if she seeks to file a criminal case.

Implementation Deficit and Systemic Challenges

• Poor Compliance Across Institutions
  • As of 2024, the Supreme Court observed significant non-compliance, both in private and public institutions.
  • District Officers, tasked with monitoring and compiling annual reports, have failed to enforce accountability.
• Lack of Inter-Ministerial Coordination
  • Ministry of Women and Child Development is nodal agency.
  • However, Labour and Industry Ministries oversee workplaces—leading to fragmented accountability.

Way Forward: Institutional and Legal Reform

• Capacity Building of ICCs
  • Mandatory training and certification for all ICC members.
  • Inclusion of psychologists or trauma-informed professionals for sensitive handling.
• Robust Monitoring Mechanism
  • Mandatory public disclosure of number of complaints filed, redressed, and pending.
  • Annual compliance audits by District Officers with penalties for non-reporting.
• Strengthening Victim-Centric Redressal
  • Provision for anonymous or third-party complaint filing mechanisms.
  • Legal aid support and witness protection protocols for complainants.
• Technology Integration
  • Centralised digital grievance redressal portal with tracking system and escalation mechanisms.