Most ICCs in entertainment industry not legal: women’s commission to HC

Sub :Polity

Sec: Legislation in news

Context:

The Kerala Women’s Commission informed the High Court that many Internal Complaints Committees (ICC) formed within the entertainment industry are not legally constituted as per Section 4 of the POSH Act.
The matter came up during hearings of public interest litigations following the Hema Committee report, which highlighted issues related to women’s safety and workplace harassment.

Legal provision:

Section 26(1)(a) of the POSH Act makes it an offense to fail in constituting an ICC as mandated in Section 4(1).

Need for amendment:

The women’s commission pointed out that the current POSH Rules do not specify who is authorized to file complaints regarding violations under Section 26(1).
It also urged the Centre to amend the POSH Rules to align with the POSH Act for effective implementation.

Suggestions to celebrities:

The High Court Bench advised actors and celebrities to avoid roles that portray women derogatorily, emphasizing their social responsibility.
The suggestion stemmed from concerns that negative portrayals could influence public perception and behaviour regarding women’s conduct.

POSH Act:

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, often known as the PoSH Act, was passed in 2013.
The Act defines sexual harassment as any unwelcome act or behaviour (whether directly or by implication) such as;
- Physical contact and advances
- A demand or request for sexual favours
- Making sexually coloured remarks
- Showing pornography
- Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
The Act provides a mechanism for the prevention, prohibition, and redressal of complaints of sexual harassment in the workplace.

Key Provisions:

The Act covers both organised and unorganised sectors, and applies to all women, irrespective of their age or employment status.
Domestic workers, students, research scholars, patients, customers, clients, and tourists are also included.
Offices, factories, stores, hotels, restaurants, educational institutions, hospitals, sports facilities, transportation services, entertainment venues, and houses are all covered by the Act.

Internal Complaints Committee (ICC)

Every employer is required to constitute an Internal Complaints Committee (ICC) at each office or branch with 10 or more employees.
At least one-half of the members of the ICC should be women.
The ICC is made up of a presiding officer (a senior woman employee), two other workers (ideally committed to women’s rights), and one external member (from an NGO or legal background).
The ICC is in charge of receiving and investigating complaints of sexual harassment from female employees and proposing appropriate action to the employer.

Local Complaints Committee (LCC):

The Act also provides for the constitution of a Local Complaints Committee (LCC) by the District Officer for cases where the complaint is against the employer or where the workplace has less than 10 workers.
According to law, a Company having more than 10 employees is mandated to constitute an Internal Complaints Committee (ICC).
For a company having less than 10 employees, it is not mandatory to have ICC.
Any woman who has been subjected to sexual harassment at the workplace can file a complaint within 3 months of the incident or series of incidents to the ICC or LCC, as applicable.
The LCC has the same powers and functions as the ICC.

Investigation and Action:

The ICC or LCC is required to complete the inquiry into the complaint within 90 days and submit a report with its recommendations to the employer or district officer.
The employer or district officer is required to take action on the recommendations of the ICC or LCC within 60 days and inform the complainant and respondent about it.

Protection against false Complaints:

The Act provides for penalties for false or malicious complaints, non-compliance with the provisions of the Act by the employer or ICC or LCC members, and victimization or retaliation against the complainant or witness.