Maharashtra State Commission for women reiterates mandatory compliance with the provisions of the 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:-

1. All bodies in the districts of Maharashtra are to ensure that they have an internal committee which is functioning.
2. 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?;
3. 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.
4. The said audit report is to be submitted to the Maharashtra State Women’s Commission office within 30 days.
5. 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.

Source: Maharashtra State Commission for Women