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Constitution of the Internal Complaints Committee (ICC) under the POSH Act: Roles, Structure, and Responsibilities

The Prevention of Sexual Harassment ( POSH ) Act, 2013, was enacted to address workplace sexual harassment in India and mandates every organization to establish an Internal Complaints Committee (ICC). The ICC plays a pivotal role in ensuring a safe and harassment-free work environment. Its primary responsibility is to investigate complaints of sexual harassment, ensure a fair inquiry, and recommend appropriate action. In this article, we will explore the structure, composition, and responsibilities of the ICC, along with the legal requirements governing its formation and operation. 1. Legal Mandate for the ICC under the POSH Act Under the POSH Act, every employer is legally required to establish an Internal Complaints Committee (ICC) in the workplace to handle complaints of sexual harassment. This obligation applies to any organization with 10 or more employees. The ICC must be constituted at every branch or office location where the employee headcount meets this threshold. Failure to
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Expanding POSH: The Push to Protect India's Informal Workforce.

The Prevention of Sexual Harassment ( POSH ) Act of 2013 marked a significant milestone in India's journey towards safer workplaces. However, a glaring gap remains in its coverage: the informal sector. With an estimated 90% of India's workforce employed in informal settings, the need to extend POSH protections to this vast and vulnerable population has become a pressing concern. The Current Landscape The Informal Sector in India India's informal sector encompasses a wide range of occupations, including: • Domestic workers • Street vendors • Agricultural laborers • Construction workers • Home-based workers These workers often lack formal contracts, social security benefits, and legal protections, making them particularly vulnerable to exploitation and harassment. Limitations of the Current POSH Act The POSH Act, in its current form, is primarily designed for formal workplaces. It mandates the formation of Internal Complaints Committees (ICCs) in organizations with
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Navigating POSH Implementation: Challenges for Small and Medium Enterprises in India.

In the decade since the implementation of the Prevention of Sexual Harassment ( POSH ) Act of 2013, India has made significant strides in addressing workplace harassment. However, while large corporations have largely adapted to the new regulatory environment, Small and Medium Enterprises (SMEs) continue to grapple with the complexities of implementing POSH guidelines effectively. The POSH Predicament for SMEs SMEs, which form the backbone of India's economy, often find themselves in a precarious position when it comes to POSH compliance. The challenges they face are multifaceted: 1. Limited Resources: Unlike their larger counterparts, SMEs often operate on tight budgets, making it difficult to allocate funds for POSH-related initiatives. 2. Lack of Awareness: Many SME owners and employees are not fully aware of the POSH Act's requirements and their rights and responsibilities under it. 3. Informal Work Culture: The often close-knit, informal nature of SMEs can make it
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Steps that HR Department Must take To Prevent Sexual Harassment At Work.

A large portion of the workplace in India is plagued by the problem of sexual harassment. In order to prevent it, businesses should take precautions, and they should also be prepared to address it if it does. The HR department is in charge of making sure compliance. To make the workplace safe for employees, they can implement Posh rules and take the ten steps listed below. HR should make sure that the business has several reporting options, including anonymous reporting, for sexual harassment. They must also ensure that the staff is aware of these options, whatever they may be. A human resources professional must understand that harassment can affect anyone, regardless of gender, sexual orientation, or other identifiers. Many LGBTQ employees are especially susceptible to harassment, whether it be sexual or otherwise. Sexual harassment can happen to anyone, even straight males in powerful positions inside the organisation. Every report should be taken seriously, and every investigation
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Retaliation And Sexual Harassment at Workplace?

71% of women fail to report incidences of sexual harassment at work , according to a 2015 survey. Only 68.9% of Indian women who experience sexual harassment report their experiences to the Internal Committee (IC) or management, according to a 2017 survey by the Indian National Bar Association (INBA). Retaliation is a tactic used to ridicule, humiliate, and spread rumours about the sexual harassment victim. When an employee reports sexual harassment in the workplace, the company may take action against them. Retaliation is any negative employment action that involves " exerting power ." Demotion, wage reduction, job transfer, and termination are a few examples. For fear of retaliation, many women choose not to report sexual harassment at work. The victim may be the target of reprisals from the accused or the organisation. In fact, studies has shown that businesses frequently devalue sexual harassment. As a result, the victim faces hostility and reprisals. The organization'
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Tips to create trans-inclusive workplace.

More than 27000 transgender people participated in a poll in 2015, and the results showed that at least 77% of them actively avoided workplace discrimination . This includes keeping their gender identities a secret, declining to request the use of their preferred pronouns by their employers and coworkers, and postponing gender transition. Transgender individuals might not be fully present at work. Because they are more likely than cisgender employees to have an uneven working environment, they could feel uneasy or alienated. Companies should begin implementing nondiscriminatory rules and procedures that are gender-specific. This entails regardless of their gender identities, defending and advancing the rights of every employee Increasing employee awareness of and acceptance of their transgender coworkers. To some extent, everyone needs to feel like they belong. It's common for us to evaluate our relationships subconsciously. We experience poor levels of self-esteem and unfavorable
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Posh in Higher Education Institutions in India

On July 25, 2022, an Odisha college student accused the school's physics instructor of rape and sexual harassment. The accused lecturer, who was the institution's reader, had also held the role of NCC officer in the Naval wing. Despite the female student coming to the institute with a formal complaint, the school's internal committee did not discover any proof of the claims she claimed. The probe didn't start until the Higher Education Department became aware of the situation. A Presidency University student from Kolkata filed a formal complaint with the internal committee of the university accusing Mahitosh Mandal, the former head of the department, of sexual harassment on July 17, 2022. It is believed that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is essential for protecting female employees from sexual harassment at the workplace. It is significant to highlight that educational institutions play a significant role
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