Internal Complaints Committees (ICC)

Why in news?

The protest by Indian wrestlers has highlighted the importance of internal complaints committees.

What is internal complaints committees (ICC)?

• First port of call - ICC was designed to be the first port of call for any grievance under the POSH (Prevention of Sexual Harassment Act) Act 2013.
• Section 4 of the POSH Act - Every office of an organization employing 10 or more employees must have an internal committee dedicated to hearing and resolving sexual harassment complaints.
• Members - It needs to have a minimum of 4 members with at least half should be women.
• Among women 1 shall be shall be an external member
  • Preferably from an NGO or
  • An association that works for women’s empowerment or
  • A person familiar with issues related to sexual harassment.
• Mandatory for recognitions - A functional ICC is one of the key conditions set up by the Ministry of Sports to grant annual recognition to the sporting federations.
• Court verdict - In Global Health Private Limited & Mr. Arvinder Bagga v. Local Complaints Committee, District Indore and Others (2017), the Court held that there should be a fine imposed under the POSH Act for failing to constitute the ICC.
• Female Presiding Officer - Has been made mandatory and should be an employee at a senior level at work.
• Power of a civil court - Regarding investigation complaints of workplace sexual harassment ICC have the same powers as civil court under the Code of Civil Procedure 1908.
• Tenure - ICC members have a maximum term of 3 years.
• Section 10 of the POSH Act - ICC can resolve a complaint between the parties at the request of the aggrieved woman through conciliation by reaching an amicable settlement.

What are the challenges to ICC?

• The POSH act is not gender neutral so the ICC can conduct investigations only if it is filed by women which excludes men and LGBTQ+ members.
• Lack of awareness about ICC to the workers.
• There is no mandate to form ICC in the informal sectors.
• Even though many association have ICC the structure and functions are not conductive with POSH act.

What is the way forward?

• Strict actions should be taken by government in case of a national sporting body having no ICC.
• The functions and structure of the ICC needs to be reexamined by the government which should be in conducive with current demands.
• Before starting of any tournament the awareness should be made about ICC.

Quick facts

• Athletics Federation of India (AFI) is the body with the largest membership and the highest women participation.

References

1. The Indian Express│ ICC Challenges
2. PIB│ About National Level Sports Federations