I am CS Avik Gupta from Compliance Talks. Reaching out to you to share the recent & crucial Supreme Court decision in implementation of the Prevention of Sexual Harassment Act (POSH Act).
In a significant judgment dated 12th May 2023, the Hon’ble Supreme Court has directed all organizations to review their implementation of the POSH Act. The Court has noted serious lapses in the enforcement of the Act, with many organizations either not having an Internal Complaints Committee (ICC) in place, or lacking the required number of members or not having the External Member as part of ICC as per the requirements of the POSH Act
In order to ensure the enforcement of the POSH Act in the interest of working women across the country, the Court has issued following directions in the judgment:1. Government to conduct a time-bound verification exercise to ensure that all organizations have set up Internal Complaints Committees (ICCs), Local Committees (LCs), or Internal Committees (ICs) as per the provisions of the POSH Act. The composition of these committees should also be reviewed to ensure compliance with the Act
2. To ensure transparency and accessibility, all organizations are directed to make available on their website necessary details about the constitution and composition of their ICC/ LC/ IC. This information should include details of committee members, procedure for submitting online complaints, relevant rules, regulations, and internal policies
3. All statutory bodies, including professionals such as doctors, lawyers, architects, chartered accountants etc. as well as universities, colleges, training centers, educational institutions and private & government hospitals & nursing homes, are directed to conduct a similar verification exercise
4. Organizations to take effective steps to sensitize members of the ICC/ LC/ IC about their duties, manner in which enquiries to be held, preparing the report etc.
5. Organizations are directed to conduct regular orientation programs, workshops, seminars and awareness programs to up skill members of their ICC/ LC/ IC and to educate women employees on the provisions of POSH Act and relevant rules and regulations. These programs should be conducted frequently to ensure ongoing education and awareness.
These directions are important because they will help to ensure that the following objectives of the POSH Act are met:
· To create a safe and dignified workplace for women
· To prevent sexual harassment of women at the workplace
· To provide a mechanism for redressal of complaints of sexual harassment
· To create awareness about the provisions of the POSH Act.
The Supreme Court’s decision is a significant step towards achieving these objectives. It is important that all organizations comply with the directions issued by the Court in order to ensure that the POSH Act is effectively implemented and that working women are protected from sexual harassment at their workplaces.
Just to apprise you – non-compliance of the provisions of the POSH Act could lead to penal consequences laid down in the Act.
In case your organization is yet to comply with POSH Compliances, please feel free to revert to us. We have the relevant experience & expertise in end to end implementation & monitoring of POSH Compliances.
