Internal Complaints Committees (ICCs)

Context : 

Balasore, Odisha 

• Student alleged harassment by her Head of Department.

• ICC failed to support her, leading to self-immolation.

• ICC members allegedly biased and untrained.

• Exposed systemic failure in institutional redressal mechanisms.

Background and Legal Framework

Vishaka Guidelines (1997)

• Laid down by the Supreme Court in Vishaka v. State of Rajasthan, in response to the Bhanwari Devi case.

• First judicial recognition of sexual harassment at the workplace.

• Mandated:

  • Employer to set up complaints committees.

  • Headed by a woman.

  • At least half the members to be women.

  • Presence of a third-party member (NGO or social worker) to ensure impartiality.

The POSH Act, 2013

• Enacted after the Nirbhaya case (2012).

• Full name: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

• Replaces the Vishaka Guidelines with statutory provisions.

• Applicable to:

  • All workplaces with more than 10 employees.

  • Includes public and private sectors, NGOs, educational institutions, hospitals, etc.

  • For smaller/informal workplaces: Local Committees at the district level.

  • All women employees, whether employed regularly, temporarily, contractually, on an ad hoc or daily wage basis, as apprentices or interns, or even without the knowledge of the principal employer, can seek redressal for sexual harassment in the workplace.

Composition of ICC

• Presiding Officer: Woman employed at a senior level.

• At least 2 members: From the organization, experienced in social work, women’s rights, or legal knowledge.

• One external member: From an NGO or expert on sexual harassment.

• At least 50% members must be women.

Powers and Functions

• Receives written complaints within 3 months of the incident.

• May assist in conciliation, if requested by the complainant.

• Has powers of a civil court under the Code of Civil Procedure:

  • Summoning witnesses, examining under oath, requiring documents.

• Must complete the inquiry within 90 days.

• On finding guilt, recommend appropriate action to the employer.

• Employer’s duty to implement recommendation and provide aid for filing a criminal complaint if needed.

Confidentiality Provisions

• Identity and details of the complainant, accused, witnesses, and proceedings must be kept confidential.

• Breach can lead to disciplinary action or penalty.

Implementation Challenges

Supreme Court (December 2024)

• Highlighted poor implementation and “serious lapses” in enforcement.

• Directed central and state governments to ensure strict compliance and undertake surveys on ICC functioning.

Ground Realities

• Many workplaces lack ICCs despite legal mandate.

• ICCs often non-functional due to:

  • Inadequate training of members.

  • Bias towards management or accused.

  • Lack of confidentiality and fear of retaliation.

• Accountability gaps:

  • POSH Act monitored by Ministry of Women and Child Development.

  • But workplaces regulated by Labour and Industry Ministries.

  • District Officers supposed to collect reports from ICCs—but data is unused, making monitoring ineffective.

Expert Critique

• ICCs are a “dead letter” if not trained or insulated from power dynamics.
• No evidence-based review or public audit of functioning.