Updated on April 22, 2025 04:47:53 PM
Workplace harassment, particularly sexual harassment, is a grim reality that reeks of disruption that not only plays havoc at the workplace but also saps down the dignity of the individual appeal put forth to be retrieved back. In this context, legislation that directs itself in addressing sexual harassment on account of a woman at the workplace came in the form of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (hereafter, POSH Act).
The POSH Act gives vent to two basic structures envisaged for safeguarding the rights of women employees, including an Internal Committee (IC) and a Local Committee (LC). In these committees, the redressing of complaints is important to provide for workplace safety and meting out justice among victims of sexually harassed individuals. This paper thoroughly discussed the functions, areas of responsibility, structure, and importance of the Internal Committee and the Local Committee.
The POSH Act was enacted based on the landmark case Vishaka v. State of Rajasthan in 1997, which brought to the fore the need for an architecture of law that could prevent sexual harassment at the place of work. The guidelines laid down by the Supreme Court, it is known as the Vishaka Guidelines and mandate organizations to have mechanisms in place for redressal of complaints.
Table of Content
The Internal Committee (IC), which was previously known as the Internal Complaints Committee (ICC), is part and parcel of the Prevention of Sexual Harassment at Workplace (POSH) Act, 2013 in India. Set up within organizations to handle complaints related to sexual harassment at the workplace, such a committee is mandatory for every workplace that has ten or more employees working for it. Its foremost role is safeguarding the employees-again, especially women from harassment in the workplace.
The IC is composed of senior employees, comprising a Presiding Officer who must be a woman, other members representing various ranks, and an external member versed in the issues of sexual harassment or women's rights. Its composition ensures that no party will bring any bias to the table and that all members have the expertise to deal with sensitive matters.
The POSH Act conceives a "fair and effective" Internal Committee that, under Section 2 of the POSH Act, shall comprise of:
The principal role of the Internal Committee is to collect and deal with complaints of sexual harassment in the organization. Some of its main functions include the following:
The process by the Internal Committee is, therefore, schemed as follows in terms of inquiry:
Though the IC has a very important role to play in the delivery of justice to the victims, it is faced with several challenges:
The Local Committee LC, previously called the Local Complaints Committee LCC is constituted under the POSH Act, 2013 for dealing with cases related to sexual harassment in workplaces that do not have an Internal Committee or have fewer than ten workers. Being an independent body of an external nature ensures that all the workers, especially in small organizations, receive an official route for the redressal of their grievances.
At the district level, The Local Committee is constituted by the district officer. It generally consists of a Chairperson who is a female having knowledge in respect of issues related to sexual harassment, a member from an NGO or association devoted to working for the rights of women, and other members with legal or administrative knowledge.
The LC would receive complaints from workplaces that do not have any Internal committees or those working in informal sectors like domestic work. It ensured that even the workers of the smaller establishments or the informal sectors were not deprived of their right to justice and a safe working environment. The LC investigates complaints conducts hearings, and recommends actions which may include penalties or remedial steps.
There is a local committee formed at every district level by the District Officer. The composition of the Local Committee has the same parameters as that of the Internal Committee but with a little variation in requirements:
The Local Committee shall primarily deal with complaints relating to workers of the unorganized sectors, which will include domestic workers, daily wage earners, and agricultural laborers, amongst others, who do not have any contract of employment.
The Local Committee follows the following procedure in inquiry and recommendation in sexual harassment complaints under the POSH Act, 2013. Within seven days of receiving a complaint, the LC initiates the inquiry. The complainant as well as the respondent is informed, and they are both allowed to present their case, bring evidence, and list witnesses.
The inquiry is to be concluded within 90 days. In the course of conducting the LC hearings, reviewing the documents, and recording testimonies from both parties and their witnesses, all these processes must be held under confidentiality and neutrality.
If the conciliation fails to bring an agreement, then the LC conducts the inquiry. Based on its investigation, the LC compiles a detailed report within 10 days of the completion of the inquiry stating its findings and recommendations. The report shall be copied to the district officer and the concerned employer.
Similar challenges for the IC include that the LC also faces:
The Internal Committee and Local Committee are the bases to prevent and respond to sexual harassment in the workplace. Their presence makes sure that the employees are facilitated with a fair and unbiased mechanism of redressal. However, these committees face major difficulties concerning awareness, capacity, and bias. Therefore, addressing these challenges and bettering the functioning of these committees will go a long way in creating a safer and more equitable workplace for all.
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Frequently Asked Questions
The Internal Committee, previously known as the Internal Complaints Committee, is a committee established in every organization having 10 or more workers to probe complaints of sexual harassment. In this regard, the committee turns out to be most instrumental in facilitating a healthy working life among employees by taking up complaints, inquiring about them, and making recommendations.
The Local Complaints Committee functions at the district level and is constituted by the District Officer; they look into complaints of sexual harassment from smaller workplaces (fewer than 10 workers employed), unorganized sectors, or cases where there is no Internal Committee.
Any workplace employing 10 or more employees must always set up an Internal Committee. It applies to both the public and the private sector, such as educational institutes, government bodies, NGOs, and corporate offices.
Any one who is engaged in an establishment with less than 10 employees, employee of the unorganized sector, or any other employee whose employer does not constitute an Internal Committee under the Act can file a complaint to the Local Complaints Committee.
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