Introduction to the POSH Act
The POSH Act (Prevention of Sexual Harassment at Workplace Act) is a landmark legislation designed to provide a safe, secure, and equitable work environment for women. It mandates all employers—including those in sectors like food processing, manufacturing, and engineering consultancy—to take preventive and corrective steps to curb sexual harassment at the workplace.
As a food processing consultant, engineering service provider, or project management consultant, compliance with the POSH Act reflects a company’s commitment to ethical leadership and inclusive practices.
Requirement to Constitute ICC
Mandatory for Workplaces with 10+ Employees
According to the POSH Act, every organization with 10 or more employees must constitute an Internal Complaints Committee (ICC). This rule applies to both private and public sector organizations, including food manufacturing consultants and food technology consulting firms.
Criteria for Membership of ICC
An effective ICC should include the following members:
1. Presiding Officer
- A senior female employee of the organization.
- She will serve as the chairperson of the ICC.
2. External Member
- A representative from an NGO or association working for women’s welfare.
- Ensures transparency and impartiality.
- Helps women speak freely without organizational pressure.
3. Employee Members
- Preferably two internal members with:
- Awareness of women’s issues
- Legal knowledge relevant to harassment laws
Disqualification of Members
The POSH Act defines clear grounds for disqualification:
a) Breach of Confidentiality
Members are barred from disclosing:
- Complaint details
- Identities of the complainant/respondent
- Inquiry proceedings or outcomes
- Employer’s actions post-inquiry
b) Pending Inquiry or Conviction
- If a member is under investigation for any criminal offense, they must be removed.
c) Found Guilty
- Legal conviction or misconduct makes a member ineligible.
d) Abuse of Position
- Using ICC membership for personal gain is a disqualifying offense.
Conclusion
The POSH Act says that if an employer fails to constitute an ICC it is a punishable offense with a fine for an amount up to Rupees Fifty Thousand. Further, an employer found doing the same offense again second time may be punishable with a fine for twice such amount, as well as be liable. For cancellation or non-renewal of its business licenses, registrations, or approvals by the government or local authorities.
An employer should create a fair and supportive work environment that should be free from sexual harassment. All the women working there should feel safe There must be periodical awareness programs in every organization. the senior executives should take responsibility for such initiatives and ensure that every employee working their should feel safe.
References
1. https://www.mondaq.com/india/discrimination-disability-sexual-harassment/776002/constitution-of-icc-under-the-posh-act
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