Internal Complaints Committee

Sexual harassment at the workplace is a serious violation of a person’s dignity and fundamental rights. Over the years, India has developed a comprehensive legal framework to prevent and redress such harassment, with the Internal Complaints Committee (ICC) being a key mechanism in this regard. This article provides a detailed and accessible guide to the ICC.

The Need for the Internal Complaints Committee

Workplaces should be safe spaces where every employee, regardless of gender, can work without fear or discomfort. Unfortunately, many women face sexual harassment at their places of work. Such harassment affects not only the individual victim but also the overall work environment and productivity.

Recognising the gravity of this issue, the Indian judiciary and legislature have taken steps to create mechanisms to protect women at work. The most important statutory safeguard for this is the Internal Complaints Committee, mandated by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act.

Origin and Legal Foundation of the ICC

The concept of the Internal Complaints Committee is deeply rooted in the landmark 1997 Supreme Court judgment in Vishaka & Ors. v. State of Rajasthan. This case arose from the brutal gang rape of Bhanwari Devi, a social worker who faced sexual harassment for trying to prevent child marriage in her village. The court recognised sexual harassment as a violation of fundamental rights, such as equality and the right to life with dignity.

Since no specific legislation existed then, the Supreme Court laid down “Vishaka Guidelines” that created duties for employers to prevent, prohibit, and redress sexual harassment. These guidelines included the requirement for employers to establish a Complaints Committee at the workplace to receive and investigate complaints.

In 2013, the Indian Parliament enacted the POSH Act to give statutory force to the Vishaka Guidelines. The Act mandates that every workplace with ten or more employees must constitute an Internal Complaints Committee to address complaints of sexual harassment.

What is the Internal Complaints Committee?

The Internal Complaints Committee (ICC) is a statutory body established within an organisation to receive and investigate complaints of sexual harassment at the workplace. Its primary objective is to ensure a safe and dignified working environment for women.

Employers must set up an ICC through a written order. Failure to do so can lead to penalties and prosecution. The ICC plays a crucial role in creating awareness about sexual harassment, ensuring compliance with the law, and protecting the rights of women employees.

Constitution of Internal Complaints Committee

The POSH Act specifies the composition and formation of the ICC. The committee must have a minimum of four members. At least half of the members should be women.

The ICC consists of:

Presiding Officer (Chairperson)

• A woman employed at a senior level in the organisation.
• The seniority ensures that the complainant feels comfortable reporting the issue and that the chairperson can maintain impartiality.
• If no suitable senior woman employee is available at the workplace, the employer may nominate a woman from another office or workplace.

Two Employee Members

• These members are chosen from amongst the employees.
• Preference is given to employees committed to women’s causes, or those who have legal knowledge or social work experience related to sexual harassment.

One External Member

• A person from an NGO or association committed to women’s rights or familiar with issues of sexual harassment.
• This member brings independence to the committee and helps to reduce institutional bias.

Key Points About Composition

• The members should be appointed through a written order by the employer.
• The term of office for ICC members is up to three years.
• At least half of the members must be women, reinforcing the importance of women’s representation.

Disqualification and Removal of ICC Members

The POSH Act provides grounds for disqualifying or removing ICC members to maintain the committee’s integrity and impartiality. A member can be disqualified or removed if:

• They disclose confidential information about the complaint or the complainant’s identity.
• They have been convicted or are facing charges under any law.
• They have been found guilty of misconduct in disciplinary proceedings.
• They misuse their position in the ICC, which is prejudicial to the public interest.

If a member is removed before the completion of their term, the vacancy must be filled according to the law.

Powers and Functions of Internal Complaints Committee

The ICC has been given important powers to effectively carry out its functions. It has powers similar to a civil court, including:

• Summoning and enforcing the attendance of witnesses.
• Requiring the discovery and production of documents.
• Receiving evidence on affidavit.
• Requisitioning any public record from a government office.

The core responsibilities of the ICC include:

• Receiving and registering complaints of sexual harassment.
• Conducting a fair and impartial inquiry into the complaint.
• Making recommendations to the employer on disciplinary action or other measures.
• Suggesting preventive measures to promote a safe working environment.
• Submitting annual reports to the employer outlining complaints received and actions taken.
• Organising awareness programs and training for employees.

The committee must follow principles of natural justice throughout the inquiry. It must ensure that both the complainant and respondent get a fair chance to present their case.

Complaint Mechanism and Procedure

Who Can File a Complaint?

• The woman who has been sexually harassed.
• If she is unable to file, her legal heir, spouse, or parents can file on her behalf.
• A third party may file a complaint provided it is accompanied by the complainant’s written consent.

Filing the Complaint

• The complaint must be made in writing and submitted to the ICC.
• It should be filed within three months from the date of the last incident.
• The ICC has discretion to extend the time limit if there are valid reasons.
• Complaints can also be sent by email or other electronic means.
• The ICC must assist complainants who have difficulty writing their complaint.

Inquiry Process of the Internal Complaints Committee

Once a complaint is received, the ICC must initiate an inquiry following these steps:

1. Forwarding to Respondent: Within seven working days of receiving the complaint, the ICC forwards a copy to the respondent, asking for their written response.
2. Respondent’s Reply: The respondent has ten working days to reply and may include documents or names of witnesses.
3. Hearing: The ICC schedules hearings where both parties are heard separately or together, ensuring confidentiality and fairness. Legal representation is not allowed in these hearings to keep the process simple and accessible.
4. Interim Relief: At the request of the complainant, the ICC may recommend interim relief such as:
   • Transfer of the complainant or respondent to another workplace.
   • Granting leave to the complainant for up to three months.
   • Restriction on the respondent from reporting on the complainant’s work.
5. Completion of Inquiry: The inquiry must be completed within ninety days from the receipt of the complaint.
6. Report: The ICC submits a written report to the employer with findings and recommendations.

Employer’s Role Post Inquiry

Once the ICC submits its report, the employer is bound to act on the recommendations within 60 days. Disciplinary actions may include warnings, suspension, termination, or any other appropriate measure.

Employers must maintain confidentiality throughout the process and ensure no retaliation or victimisation of the complainant.

Local Complaints Committee (LCC)

What about workplaces with fewer than ten employees or those in unorganised sectors where it is impractical to constitute an ICC? The POSH Act provides for the Local Complaints Committee (LCC) to fill this gap.

LCC Features

• Constituted by the District Officer for the entire district.
• Nodal officers are appointed in blocks, municipalities, or wards to receive complaints.
• The LCC addresses complaints from:
  • Organisations with less than ten employees.
  • Women working in unorganised sectors (e.g., domestic workers, housekeeping).
  • Cases where the complaint is against the employer in larger organisations.

The LCC is also responsible for submitting annual reports to the District Officer, similar to the ICC.

Training and Awareness Programmes

The effectiveness of the ICC depends heavily on the knowledge and sensitivity of its members. Hence, the POSH Act mandates that members receive training.

Employers are encouraged to:

• Organise workshops and seminars on sexual harassment and the functioning of the ICC.
• Facilitate attendance at certified “POSH Train-the-Trainer” programmes.
• Conduct periodic refresher courses to keep members updated on evolving legal standards.

This training ensures that the ICC handles complaints with empathy, efficiency, and adherence to the law.

Confidentiality and Record-Keeping

The ICC must maintain strict confidentiality throughout the complaint process. Information about the complaint and the identities of the parties should not be disclosed except where necessary for the inquiry or by court order.

Employers and ICCs must keep detailed records of:

• Complaints received.
• Inquiry reports and findings.
• Actions taken following the report.
• Training and awareness activities.

Proper documentation helps maintain transparency and compliance with the law.

Best Practices for Organisations

To ensure the ICC functions effectively, organisations should:

• Clearly communicate the ICC’s existence, composition and complaint procedure to all employees.
• Display POSH policies prominently in workplaces.
• Encourage a culture of zero tolerance towards sexual harassment.
• Protect complainants from retaliation or victimisation.
• Provide counselling and support services.
• Regularly review and audit the ICC’s work.

Conclusion

The Internal Complaints Committee is a cornerstone of India’s efforts to create safe and respectful workplaces for women. By establishing a statutory, accessible and transparent forum to address sexual harassment, the ICC empowers women to speak up and seek justice without fear.

Employers who understand and invest in a properly constituted and trained ICC do not just comply with the law—they build workplaces where dignity, equality and safety are the foundation. For employees, the ICC offers a vital protection and a means to uphold their fundamental rights at work.