SC widens ambit of POSH

Syllabus: GS2/ Polity & Governance

In News

  • The Supreme Court has expanded the jurisdiction of Internal Complaints Committees (ICCs) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act),
    • SC said that the complaints to be filed not just at the accused’s workplace but also at the complainant’s workplace or any employment-related site.

About POSH

  • Origin: Enacted following the Supreme Court’s Vishaka v. State of Rajasthan judgment (1997), which laid down binding guidelines to fill the legislative vacuum on workplace sexual harassment.
  • Scope and Coverage: The Act applies to all workplaces, including government offices, private sectors, NGOs, educational institutions, hospitals, sports bodies, and unorganized sectors, extending protection even to domestic workers in residences used for employment
  • Institutional Framework: Every organization with 10 or more employees must constitute an Internal Complaints Committee (ICC), with the presiding officer and at least half the members being women, including an external NGO expert.
    • For workplaces with fewer than 10 employees, District Officers form Local Complaints Committees (LCCs) at the district level to ensure accessibility.
  • Complaint and Inquiry Process: Complaints must be filed within 3 months of the incident (extendable by another 3 months for sufficient cause) to the ICC or LCC, which conducts a time-bound inquiry within 90 days, maintaining confidentiality and natural justice principles.
    • Outcomes include conciliation, disciplinary action up to termination, or compensation, with appeals to courts within 90 days; false complaints also attract penalties.

Source: HT

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