Why in the News?
A student in Odisha, died by suicide after her sexual harassment complaint was rejected by her college’s Internal Complaints Committee (ICC), showing the urgent need for stronger grievance systems.
About Internal Complaints Committee (ICC):
- Legal Basis: Mandated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).
- Applicability: Mandatory in all organizations with 10 or more employees.
- Purpose: Provides a redressal mechanism to ensure a safe and dignified workplace for women.
- Composition:
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- A Presiding Officer who is a senior woman employee.
- At least two internal members with legal or social expertise.
- One external member from an NGO or with knowledge of sexual harassment issues.
- Minimum 50% of ICC members must be women.
Powers and Functions:
- Complaint Handling:
- Accepts complaints within 3 months of the incident.
- Offers conciliation (on request) or initiates a formal inquiry.
- Inquiry Process:
- Holds powers similar to a civil court (summon, evidence collection, sworn statements).
- Must complete inquiry within 90 days.
- Confidentiality: Identity of complainant, respondent, witnesses, and proceedings must be kept confidential.
- Post-Inquiry Actions:
- Recommends disciplinary action or closure.
- Employer must act on recommendations within 60 days.
- Assists in filing FIRs if the complainant seeks criminal action.
Back2Basics: POSH Act, 2013
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| [UPSC 2007] Consider the following statements:
1. The Judge (Inquiry) Bill 2006 contemplates establishing a Judicial Council which will receive complaints against Judges of the Supreme Court, Chief Justices, and Judges. 2. Under the Protection of Women from Domestic Violence Act, 2005, a woman can file a petition before a 1st Class Judicial Magistrate. Which of the statements given above is/are correct? Options: (a) 1 only (b) 2 only (c) Both 1 and 2* (d) Neither 1 nor 2 |
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