06 · GS-II: Governance, Gender Justice & Workplace Safety
The Prevention of Sexual Harassment (POSH) Act, 2013: Internal Committees, Local Committees and Supreme Court Compliance Audits
NEWS PEG
- The Supreme Court issued comprehensive nationwide directives to Union ministries, state governments, professional bodies, and private corporate enterprises to strictly conduct compliance audits of Internal Committees (ICs) under the POSH Act, 2013.
- The Court observed that a decade after enactment, significant statutory deficits persist—especially in sports federations, media organizations, and the unorganized sector—where Internal Committees are either un-constituted, lack external independent members, or fail to follow principles of natural justice.
- The Ministry of Women and Child Development mandated all district magistrates to operationalize functional Local Committees (LCs) to receive complaints from domestic workers, gig workers, and informal sector employees.
STATIC FOUNDATION
- Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act): Enacted pursuant to the landmark Vishaka Guidelines (1997) framed by the Supreme Court under Article 32.
- Internal Committee (IC) Mandate: Mandatory for every workplace employing 10 or more employees; must be headed by a senior woman employee and comprise at least 50% women members, including one external member from an NGO/committed to women's causes.
- Local Committee (LC): Constituted by the District Officer in every district to receive complaints from establishments with fewer than 10 employees or where the complaint is against the employer himself.
- Section 4 & 9 of POSH Act: Mandates complaint filing within 3 months (extendable by another 3 months), conciliation option before inquiry, and completion of inquiry within 90 days.
PRELIMS TRAP & PYQ BRIDGE
MAINS ENHANCEMENT
- Enforcing Workplace Safety as a Fundamental Right: Articles 14, 19(1)(g), and 21 Realization — Ensuring women's right to work in an environment free from hostile intimidation.
- Informal Sector Protection: Empowering District Local Committees — Overcoming awareness barriers for agricultural and domestic workers.
- Institutional Accountability: Mandatory Annual Compliance Filings — Penalizing organizations that fail to constitute statutory committees with cancellation of business licences.