POSH Act: Internal Committee and Local Committee Explained

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:

• Accepting Complaints: The IC receives complaints regarding sexual harassment from the aggrieved employees. A complaint can be lodged by the victim or even any person authorized on his or her behalf, including a family member or colleague.
• Conduct of Investigations: On receiving a complaint, the IC is obliged to conduct an inquiry. An inquiry involves obtaining evidence, holding witness examinations, and recording statements both from the complainant and from the respondent. The same must be completed within 90 days after receipt of the complaint.
• Confidentiality: The IC is held to maintain confidentiality about the complainant, the accused, and the witnesses involved. Breach of confidentiality shall be dealt with in terms of the provisions of the POSH Act.
  Making Suggestions After carrying out the investigation, the IC presents its findings and recommendations to the employer. Such a suggestion might be taking disciplinary action against the charged, like termination, suspension of the person, salary deductions, and other actions.
• Preventive Role: Besides, the IC plays a preventive role. It can be held responsible for publicizing campaigns, workshops, and training to explain the instances of sexual harassment and create a healthy and respectful work environment.

The process by the Internal Committee is, therefore, schemed as follows in terms of inquiry:

• Preliminary Analysis: In the first instance, the IC determines whether the complaint falls within the defined case of sexual harassment. If it does, then, it opens a formal inquiry.
• Interviewing and Collection of Evidence: The committee interviews the complainant, the accused, and any other witness. Relevant documents or evidence, such as emails or messages, are collected from the parties involved and reviewed.
• Report and Recommendations: The investigation has to be done within 90 days. The CC will then submit the report to the employer. Where harassment is found to have occurred, the CC will advise the employer to take action within the conditions of its disciplinary code.
• Implementation of Recommendations: The employer has to act on the CC's recommendations within 60 days. Not doing so will incur penalties.

Though the IC has a very important role to play in the delivery of justice to the victims, it is faced with several challenges:

• Employees lack awareness: Many employees are unaware that such an IC exists, not to mention how to access it.
• Fear of Retaliation: The complainant is scared to raise the complaint because he or she fears retaliation from his or her peers and managers.
  There could be issues of bias and conflict of interest, such as where members of the IC are closely related to the accused or when there is a case of power against power.

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:

• Chairperson: Senior woman of the district working in the district office.
• Members: At least two members from NGOs or associations committed to women's welfare or who have experience in social work, legal knowledge, or are conversant with sexual harassment issues.
• External Expert: A legal expert or professional with skills and experience concerning sexual harassment-related issues.

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.

• Small Organizations: Workplaces that have less than 10 employees and where an Internal Committee is not required.
• Offices of the Government: Any complaint of sexual harassment from any government office where an Internal Committee is not available.
• Disadvantaged complainants: Cases in which complainants may not feel comfortable or safe approaching their organization's IC, especially if a conflict of interest arises.

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:

• Accessibility: The LC must be accessible to workers in unorganized sectors since they would not even know their rights under the POSH Act.
• Capacity and Resources: Local Committees may not have adequate resources or infrastructure to deal with complaints at the grassroots level, more so in rural or underdeveloped areas.
• Cultural Barriers: There are also cultural stigmas and norms in some areas that make it impossible for any victim to report such sexual harassment due to deep-rooted cultural reasons.