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What complaint mechanism is being provided by the POSH Act for redressal  of an act of sexual harassment at workplace?

POSH Act clearly defines and provides a mechanism for redressal and is as follows:

Internal complaints committee ( icc )

Constitution of ICC

The redressal mechanism provided in the act is in the form of Internal complaints committee (ICC) and Local complaints Committee (LCC).

All work places employing ten or more than ten employees /workers are mandated under the act to constitute an ICC by an order of the employer in writing.

The ICC will be a four member committee under the chairpersonship of a senior women employee and will include two members among the employees preferably committed to the cause of women or has the experience in social work/legal knowledge and includes a third party member (NGO etc ) as well.

The members of ICC shall hold office for a period of three years from the date of their nomination / appointment.

Removal of any member or presiding officer:

A presiding officer or member of the ICC is removed under the following circumstances

If she /he contravenes the provisions of section 16 of the POSH act

If she/he has been convicted for any offence or an inquiry in to an offence under law for the time being in force is pending against her/him ; or

If she/he has been found guilty in any disciplinary proceedings or a proceeding pending against her/him or

If she/he has so abused her/his position as to render her/his continuance is office prejudicial to the public interest.

Procedure of filing complaint :

An aggrieved women can make a complaint to ICC with in a period of three months from the date of the incident.

As per rule 6 of the POSH act where an aggrieved women is unable to make a complaint , any one of the following can file a complaint on her behalf:

Her relative or friend or her co- worker or

An officer of National Commission for women or State women’s  Commission or

Any person who has knowledge of the incident , with the written consent of the aggrieved women.

Can be done similarly on account of her mental incapacity also.

A complaint can be filed within a time limit of three months .this may be extended to another three months if the women can prove that grave circumstances prevented her from doing the same .