Internal Complaints Committee (Vishakha Committee) 

The Internal Complaints Committee (ICC) plays a vital role in workplaces by addressing and preventing sexual harassment, thereby ensuring a safe and respectful environment for all employees. It was established under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013, which is based on the Vishakha Guidelines issued by the Supreme Court of India in 1997.

 Background: The Vishakha Guidelines

The Vishakha Guidelines were established following the tragic case of Bhanwari Devi, a social worker in Rajasthan who was assaulted for attempting to prevent child marriage. This incident highlighted the absence of legal protections against sexual harassment in the workplace. In response, the Supreme Court of India issued the Vishakha Guidelines in 1997, which later became the basis for the Prevention of Sexual Harassment (POSH) Act of 2013.

 Understanding Sexual Harassment in the Workplace

Sexual harassment in the workplace refers to any unwelcome behaviours of a sexual nature, including:

- Physical contact or advances

- Requests for sexual Favors

- Sexually coloured remarks

- Showing pornography

- Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature

 It also encompasses hostile work environments, where individuals may feel unsafe, intimidated, or discriminated against due to sexual harassment.

 

Objectives of the Internal Complaints Committee (ICC):

Prevent workplace sexual harassment through effective policies and awareness campaigns.

Protect employees' rights and ensure a safe working environment.

Address complaints of harassment fairly and confidentially.

Recommend corrective actions to the employer to ensure compliance with the law.

Composition of the ICC

Member Eligibility:

Presiding Officer: A senior female employee from the organization.

Employee Members (at least 2): Individuals knowledgeable about law, social work, or women’s rights.

External Member: A professional from an NGO, legal field, or social work, ensuring neutrality.

If an organization does not have a senior female employee, they may appoint an external expert to serve as the Presiding Officer.

 

Functions & Responsibilities of the ICC

The ICC is responsible for addressing complaints related to sexual harassment and ensuring a respectful work environment.

Key Responsibilities:

1. Receiving Complaints:

   Employees experiencing sexual harassment can file a written complaint within 3 months of the incident (extendable to 6 months in special cases).

    If the complainant is unable to file the complaint themselves, the ICC must provide assistance.

2. Conducting Inquiries:

   - Upon receiving a complaint, the ICC must initiate an inquiry within 7 days.

   - Both the complainant and the accused have equal opportunities to present their cases.

3. Mediation & Resolution:

   - The ICC may attempt mediation if requested by the complainant, but no monetary settlement is permissible.

4. Recommendation of Action:

   - If harassment is substantiated, the ICC can recommend penalties, such as:

     - Warning or written apology

     - Transfer or suspension of the accused

     - Deduction of salary as compensation to the complainant

     - Termination of employment for severe cases

5. Awareness & Training:

   - The ICC is responsible for conducting regular awareness programs to educate employees about sexual harassment, their rights, and the complaint process.

6. Confidentiality & Record Keeping:

   - The ICC must maintain strict confidentiality regarding complaints, inquiries, and actions taken. Any breach of confidentiality may result in penalties.

 

How to File a Complaint with the ICC

Employees who experience sexual harassment can follow these steps:

1. Submit a Written Complaint:

   - Complaints should be filed within 3 months of the incident (extendable to 6 months in special cases). If the complainant cannot write, the ICC must assist them.

2. Inquiry Process:

   - The ICC conducts an internal investigation and hears both parties involved. The inquiry must be completed within 90 days.

3. Submission of Report:

   - The ICC submits its findings and recommendations to the employer within 10 days of completing the inquiry.

4. Employer’s Action:

   - The employer must act on the ICC's recommendations within 60 days.

5. Appeal Process:

   - If either party is dissatisfied with the decision, they can appeal to a court or tribunal within 90 days.

 

Penalties for Non-Compliance

Organizations that fail to comply with the Prevention of Sexual Harassment (POSH) Act and ICC requirements may face serious legal consequences, including:

- A fine of ₹50,000 for non-compliance

- Cancellation of business licenses in cases of repeated violations

- Potential personal liability for employers due to negligence

 

Why is the ICC Important?

- Ensures a safe, respectful, and inclusive workplace.

- Encourages victims to report harassment without fear of repercussions.

- Helps organizations avoid legal consequences.

- Promotes a culture of gender equality.

 

 Key Takeaways

- Every workplace with 10 or more employees must have an ICC.

- Sexual harassment complaints must be addressed within a strict timeline.

- Confidentiality is critical to protect all parties involved.

- Employers are required to conduct awareness programs to prevent harassment.

- The Internal Complaints Committee is not just a legal obligation; it is a vital step toward establishing a safer and more respectful work culture for everyone.