In News:

The tragic case of a student’s self-immolation in Balasore, Odisha, in 2025, has brought renewed focus on the functioning of Internal Complaints Committees (ICCs) in India. The student, alleging sexual harassment by her Head of Department, had approached the college ICC, but her complaint was dismissed. Her family has alleged that the ICC was inadequately trained and biased in favor of the accused, exposing systemic flaws in India’s redressal mechanisms for workplace harassment.

This incident is a stark reminder that even a decade after the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013—popularly known as the POSH Act—the law’s implementation remains inconsistent and often ineffective.

Evolution of ICCs and the Legal Framework

1. Vishaka Guidelines (1997)

The foundation for workplace sexual harassment law in India was laid by the Supreme Court’s judgment in the Vishaka vs. State of Rajasthan (1997). The case stemmed from the gang-rape of Bhanwari Devi, a social worker who attempted to prevent a child marriage. The judgment led to the formulation of the Vishaka Guidelines, which:

• Defined sexual harassment at the workplace.
• Mandated Complaints Committees in institutions.
• Required these committees to be headed by a woman, have at least 50% female members, and include an external member to prevent internal bias.

However, these were non-binding guidelines and lacked statutory force.

2. POSH Act, 2013

The 2012 Nirbhaya gang-rape case spurred public demand for stronger gender-based protections, resulting in the enactment of the POSH Act, which gave legal backing to the Vishaka Guidelines. Key provisions of the POSH Act include:

• Mandatory establishment of Internal Complaints Committees (ICCs) at all workplaces with more than 10 employees.
• Creation of Local Complaints Committees (LCCs) at the district level to cover unorganized or small enterprises.
• ICCs are empowered to inquire, recommend disciplinary action, and facilitate criminal reporting when needed.

Structure and Powers of ICCs

Each ICC must have the following composition:

• Presiding Officer: A senior female employee.
• Two internal members: Preferably with legal knowledge or experience in social work.
• One external member: From an NGO or association committed to women's rights.
• At least 50% women members.

Functions and Powers:

• Can attempt conciliation if requested by the complainant.
• If not, must conduct an inquiry within 90 days.
• Can summon individuals and documents, with powers equivalent to a civil court.
• Can recommend disciplinary action to the employer if allegations are proven.
• The employer must assist the victim in pursuing a criminal complaint if desired.
• All proceedings and identities must be kept confidential.

Challenges in Implementation

Despite a clear legal mandate, the real-world functioning of ICCs has been fraught with systemic issues:

1. Poor Coverage

• Many institutions, especially in the private and informal sectors, have not constituted ICCs.
• Local Committees, intended to help informal workers, are either underreported or ineffective.

2. Inadequate Training and Bias

• ICC members often lack legal training or understanding of trauma-sensitive inquiry.
• As seen in the Balasore case, committees may favor senior male colleagues, reinforcing institutional power hierarchies.
• The absence of external accountability leads to compromised decisions.

3. Lack of Monitoring and Enforcement

• The Ministry of Women and Child Development is the nodal agency for the Act.
• But enforcement responsibility often lies with Labour and Industry Ministries, leading to fragmented oversight.
• The Supreme Court, in a 2024 review, described enforcement as “disquieting”, with serious lapses and poor record-keeping.

4. Breaches of Confidentiality

• There have been reports of identities being leaked, and complainants being stigmatized or retaliated against, violating the core principles of the Act.

Strengthening the POSH Mechanism

To ensure that the POSH Act fulfills its mandate, the following steps are critical:

• Universal Coverage and Registration:
  • Mandate public disclosure of ICCs in all eligible institutions.
  • Strengthen district monitoring mechanisms for both ICCs and LCCs.
• Capacity Building: Introduce mandatory training for ICC members on legal procedures, gender sensitivity, and trauma-informed handling.
• Robust Monitoring Framework:
  • Enable centralized reporting portals for annual compliance.
  • Conduct audits and periodic evaluations of ICC functioning.
• Accountability and Penalties:
  • Impose penalties on employers for non-compliance or retaliatory action.
  • Encourage whistleblower protections for witnesses and complainants.
• Public Awareness Campaigns: Inform women—especially in informal sectors—about their rights and the complaint mechanisms available to them.