This article is written by Atishay Jain, a former UPSC aspirant and a core member of the ApniLaw team. With a keen interest in public law and workplace rights, he brings clarity to complex legal topics like the POSH Act. For any personal queries or suggestions, feel free to reach out to us through our official channel.
What Is The Role of District Officer Under Section 5 Of POSH Act?
The government must notify a District Magistrate, Additional District Magistrate, Collector, or Deputy Collector as the District Officer for each district. This role is essential to implement the POSH Act effectively.
Why the District Officer’s Role Matters?
- Acts as the main authority for POSH enforcement in the district.
- Holds accountability for smooth redressal and monitoring of complaints.
- Forms Local Committees (LCs) to handle complaints where no Internal Committee (IC) exists.
- Supports workplaces in the unorganized and small sector without ICs.
- Coordinates with nodal officers in blocks, talukas, tehsils, wards, and municipalities.
- Ensures complaints are routed and addressed efficiently.
- Collects annual reports from ICs and LCs.
- Monitors compliance and sends reports to the State Government.
- Leads awareness campaigns in collaboration with NGOs.
- Organizes training and sensitization programs for stakeholders.
- The Supreme Court warns that failing to notify District Officers weakens the POSH framework.
What Is The Impact of Not Notifying District Officer?
- Breaks down the complaint redressal system.
- Delays formation of Local Committees.
- No appointment of nodal officers.
- Victims, especially in informal sectors, lose access to justice.
- The entire POSH enforcement becomes ineffective.
- Notifying a District Officer is critical to protect women at workplaces and ensure justice across districts.
What Is The Local Complaints Committee Under Section 6 Of POSH Act?
- The District Officer must set up a Local Complaints Committee (LCC) in each district.
- The LCC handles sexual harassment complaints from workplaces with less than 10 employees.
- The LCC also handles complaints against the employer when an Internal Complaints Committee (ICC) is not present.
- The District Officer must appoint a nodal officer in every block, taluka, or tehsil in rural or tribal areas.
- In urban areas, the nodal officer must be designated in each ward or municipality.
- The nodal officer must receive complaints and forward them to the concerned LCC within seven days.
- The jurisdiction of the LCC covers the entire district where it is formed.
How Does Section 6 of the POSH Act Protect Unorganized Sector Workers?
Section 6 ensures safety and redressal for women in the unorganized sector through Local Complaints Committees (LCCs).
- Provides Access to Justice: Women in workplaces with fewer than 10 employees can file complaints with the Local Complaints Committee (LCC). These include domestic workers, construction laborers, and home-based workers.
- Covers All Types of Employment: The Act defines “employee” broadly. It includes women working on regular, temporary, ad hoc, daily wage, contract, or voluntary basis, paid or unpaid.
- Establishes District-Level Committees: The District Officer must form a Local Committee in every district to handle complaints from the unorganized sector.
- Appoints Nodal Officers for Easy Access: The District Officer must appoint nodal officers in every block, taluka, tehsil, and urban ward. These officers receive complaints and send them to the LCC within seven days.
- Protects Vulnerable Women: The Act safeguards vulnerable groups like domestic workers by offering a formal complaint process, filling the gaps left by the Vishaka Guidelines.
- Spreads Awareness Through NGOs: The Act directs District Officers to involve NGOs. These NGOs educate unorganized sector workers about their rights and complaint options.
What Is Section 7 Of POSH Act?
Section 7 of the POSH Act outlines the composition, tenure, and terms of the Local Committee (LC), ensuring effective redressal of sexual harassment complaints in workplaces lacking an Internal Committee.
🔹 Composition of the Local Committee
The District Officer nominates the following members to the LC:
- Chairperson: An eminent woman in social work, committed to women’s causes.
- One Member: A woman employed at the block, taluka, tehsil, ward, or municipality level within the district.
- Two Members: At least one woman, nominated from NGOs or associations dedicated to women’s issues or individuals familiar with sexual harassment matters.
- Preferably, one nominee should possess legal knowledge.
- At least one nominee must be a woman from Scheduled Castes, Scheduled Tribes, Other Backward Classes, or minority communities as notified by the Central Government.
- Ex-officio Member: The district officer responsible for social welfare or women and child dev
🔹 Tenure and Terms
- The Chairperson and each member serve a term not exceeding three years from their appointment date.
🔹 Significance
- This structure ensures that women in unorganized sectors or small establishments have access to a dedicated body for addressing sexual harassment complaints, promoting a safer work environment.
Conclusion
Local and Internal Committees under the POSH Act play a vital role in ensuring safe and respectful workplaces for women. These committees provide accessible, time-bound, and structured mechanisms to address sexual harassment complaints. Internal Committees protect women in larger organizations, while Local Committees empower those in the unorganized sector and small workplaces. By enforcing accountability and promoting awareness, these committees uphold women’s rights and foster gender-sensitive work environments across India. Their presence is crucial in building a culture of zero tolerance towards sexual harassment.
