The Act provides protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment. From the viewpoint of an NGO, following things need to be known:
- Act applicable to NGO-covers a society, trust or NGO carrying out a profession as per definition of workplace in the Act.
- Sexual harassment for a woman employee means
(a) implied or explicit promise of preferential treatment in employment
(b) implied or explicit threat of detrimental treatment in employment
(c) implied or explicit threat about present or future employment status
(d) interference with work or creating an intimidating, offensive or hostile work environment
(e) humiliating treatment likely to affect health or safety. - Constitution of Internal Complaints Committee (ICC) by employer mandatory when 10 and more employees comprising of Presiding Officer (senior woman staff), two members from among employees, one member from another NGO with term not exceeding 3 years and 50% committee members being women. NGO member maybe provided allowances as per Rules.
- District Officer under the Act is District Collector who also constitutes Local Committee for the district to receive complaints where ICC not in place.
- Complaint by an aggrieved woman employee maybe settled through conciliation (settlement) with respondent else Inquiry conducted (Minimum 3 members of ICC including Presiding Officer conduct inquiry) and report provided by ICC to employer with recommendations to act for misconduct as per service rules including compensation to the aggrieved woman. Inquiry and complaint to be kept confidential. No Legal practitioners allowed. Punishment provisions for fake or malicious complaints including false documents.
- Key timelines
(a) Complaint Submission: Within 3 months of the last incident
(b) Inquiry Completion: Within 90 days from the date the complaint is received by the ICC
(c) Inquiry Report Submission: Within 10 days of completing the inquiry, submitted to the employer/District Officer
(d) Employer Action: Within 60 days of receiving the report to implement recommendations
(e) Appeal: Within 90 days of the inquiry report - Employer Action: formulate and widely disseminate an internal policy/charter/ resolution/declaration for prohibition, prevention and redressal of sexual harassment at workplace, display constitution of ICC in prominent place create awareness on POSH, facilitate ICC during inquiry, take action as recommended by ICC for misconduct due to sexual harassment as per service rules.
- Annual POSH Report by ICC to employer and District Officer for previous calendar year by 31st Jan of the following year for most states. The Report shall include: (a) number of complaints of sexual harassment received in the year (b) number of complaints disposed off during the year (c) number of cases pending for more than ninety days (d) number of workshops or awareness programs against sexual harassment carried out (e) nature of action taken by the employer or District Officer.
The above one pager would help answer most questions on POSH faced by NGOs
CS Sharad Bhargava
