NCW directs India’s leading Consultancy Service company to ensure strict compliance to POSH ACT

The Maharashtra State Commission for Women has issued a notification asking all District Magistrates (“DMs”) to conduct an Internal Audit (“IC Audit”) of the POSH Act across all districts in the state of Maharashtra under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act, 2013”). The following things are to be ensured by the DMs in all districts across Maharashtra:- i) All bodies in the districts of Maharashtra are to ensure that they have an internal committee which is functioning. ii) The internal committee audit report is to be prepared after considering the following factors:- • Has the composition of the internal committee (chairman, members, external members) been established?; • Is there an order to form a committee?; • Complaints received and actions taken thereon; • How many complaints are pending and for how long?; • Has the punishment been implemented in the cases or how?; • Is an annual report presented?; • Are awareness and training activities undertaken?; • Is the Internal Complaints Committee signboard displayed in a visible area?; iii) In offices where an internal committee has not been formed or is incomplete, instructions should be given to form a committee immediately, otherwise action should be taken. iv) The said audit report is to be submitted to the Maharashtra State Women's Commission office within 30 days. v) Legal action is proposed to be taken against those violating provision of the POSH act. Background: The Maharashtra State Commission for Women discovered that in many places the Internal Committee was not constituted. Also, even if constituted, it’s functions were not being implemented properly. As a result, it came up with this directive to ensure implementation of the POSH Act. Please note that the notification has been made available in vernacular and the same has been translated to the best of understanding. Once an official notification is made available, we will update in case there is a requirement A copy of the Notification is attached herewith for your ease of reference. Source: Maharashtra State Commission for Women

The National Commission for Women (“NCW”), after conducting hearing in TCS Nashik case, has directed the organization to undertake immediate corrective measures to strengthen institutional safeguards and compliance mechanisms under the Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”).

The NCW has further directed all 127 TCS units with 10 or more employees to-

  • constitute separate Internal Committees within four weeks,
  • conduct comprehensive POSH training programmes,
  • ensure submission of annual POSH reports to concerned authorities, and
  • ensure the physical presence of concerned officials during the next review meeting scheduled after four weeks.

During the proceedings, the Commission reiterated that organisations must approach PoSH victims with compassion, sensitivity, and empathy. The NCW further emphasised that while criminal proceedings will continue independently in accordance with law, the Commission remains focused on ensuring effective implementation of the PoSH Act and strengthening workplace safety mechanisms for women employees.

During the hearing of the present case, the Commission raised serious concerns regarding systemic gaps in workplace safety and implementation of the PoSH Act at the Nashik unit. Issues discussed included the absence of accessible local HR infrastructure and grievance redressal mechanisms, lack of a dedicated Internal Committee for the Nashik office, absence of a proper mechanism for filing PoSH complaints, nonfunctional CCTV infrastructure, concerns regarding supervisory accountability, and the continuation of a joint Internal Committee for both Pune and Nashik units despite statutory requirements under the PoSH Act. The Commission also questioned why no senior official had visited the Nashik centre to directly interact with employees despite the seriousness of the concerns raised during the inquiry.

Some of the specific findings in the report of NCW are mentioned below:

  • There existed a deeply disturbing and toxic workplace environment where there were pervasive sexual harassment and abuse of authority.
  • There were religious insulations extended to the complainant and others at workplace.
  • Sexual harassment at workplace involved bullying, stalking, demeaning female employees through actions, comments leading to them being disrespected.
  • CCTV were installed however they were non-functional.
  • Many women employees were unable to lodge complaints due to significant social pressure, fear of exposing families to social stigma, the absence of any formal complaint mechanism.
  • In the Nashik office, there were no placards, boards, posters demonstrating mandate of POSH compliance. There was no board displaying contact details of members of Internal Complaints Committee.

NCW accordingly made the following recommendations:

  • There should be mandatory preventive and prohibitory mechanisms against workplace sexual harassment and Internal Committees should function proactively rather than merely as formal structures.
  • There should be an effective Human Resources mechanism and grievance redressal system at every workplace unit.
  • Precautions must be taken to see that the lodging of a complaint does not have an adverse impact on the job of the complainant, and their services shall be protected against all the odds.
  • Workplace safety mechanisms, including proper functioning of CCTV systems, should be periodically monitored and supervised.
  • Recognition that the registration of FIRs and recourse to criminal law does not override or suspend the obligation of the employer under the POSH Act, 2013 and those remedies under the POSH Act and criminal law operate simultaneously.

For the details of the report of Fact-Finding Committee of NCW based on which the above directions have been passed by the NCW, reachout to us at inquiries@lexplosion.in.
Source:  
National Commission for Women

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