No Workplace Too Small for Safety—LCC Stands for Every Woman!

The Role of the Local Complaints Committee under the POSH Act, 2013: A Critical Analysis

Introduction

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, commonly known as the POSH Act, was enacted to provide a safe working environment for women. A significant feature of this legislation is the establishment of the Local Complaints Committee (LCC) under Section 6, which serves as a vital mechanism for addressing sexual harassment complaints in workplaces where the Internal Complaints Committee (ICC) is either not established or where the complaint involves the employer themselves.

Understanding the Local Complaints Committee (LCC)

The POSH Act mandates the formation of an LCC at the district level to ensure that women working in smaller establishments, unorganized sectors, or as domestic workers have access to a grievance redressal mechanism. The LCC functions in the following situations:

1. Absence of ICC: For workplaces with less than ten employees, where forming an ICC is not mandated.
2. Complaint Against the Employer: When the complaint is against the employer or where the employer himself is a party to the misconduct.
3. For Domestic Workers: The LCC handles complaints from domestic workers, as they typically do not fall under the purview of ICCs.

Composition of the LCC

The LCC is chaired by an eminent woman from the district, committed to the cause of women. The committee also includes:

• A woman working in the field of social work and committed to the cause of women.
• A member from an NGO or association committed to the cause of women or a person familiar with the issues relating to sexual harassment.
• At least one woman representative from the district, municipality, or block.

The composition ensures a balanced and fair approach to handling complaints, considering the socio-cultural aspects of the area.

Role and Responsibilities of the LCC

The LCC is empowered to receive complaints from aggrieved women, investigate the matter, and recommend action against the accused, which may include disciplinary action or monetary compensation. The key responsibilities include:

1. Receiving Complaints: The LCC can receive complaints from women in the unorganized sector, those working in smaller establishments, or domestic workers.
2. Investigation: The LCC conducts an investigation into the complaint, following the principles of natural justice, ensuring that both the complainant and the accused have a fair chance to present their case.
3. Conciliation: Before initiating an inquiry, the LCC may attempt to resolve the matter through conciliation, provided the complainant desires it.
4. Inquiry Process: If conciliation fails or is not preferred, the LCC proceeds with a formal inquiry, which should be completed within 90 days.
5. Action on Inquiry Report: The LCC can recommend action based on the inquiry report, including financial compensation to the aggrieved woman.
6. Monitoring and Reporting: The LCC is required to submit an annual report to the district officer, detailing the number of cases received, disposed of, and pending.

Case Study: LCC's Role in the Tata Steel Sexual Harassment Case

One notable case that highlights the importance of the LCC is the Tata Steel sexual harassment case in Jharkhand. In 2018, a woman employee of Tata Steel’s Jharia division lodged a complaint of sexual harassment against her superior. The case was brought before the Local Complaints Committee since the accused was a senior employee, and there were concerns about potential bias within the Internal Complaints Committee.

Challenges Faced:

• The power dynamics within the company made it difficult for the woman to come forward, as the accused held a senior position.
• There were concerns about the transparency and impartiality of the ICC, leading the complainant to approach the LCC.

LCC's Role:

• The LCC in Dhanbad district took up the case and assured the complainant of a fair investigation process.
• The committee conducted a thorough inquiry, gathering evidence and witness testimonies while ensuring the complainant's confidentiality.
• Despite the influence of the accused, the LCC maintained transparency and impartiality throughout the process, protecting the complainant’s rights.

Outcome:

• The LCC found the allegations to be credible and recommended strict disciplinary action against the accused.
• The case highlighted the crucial role of LCCs in cases where internal mechanisms may be compromised, ensuring justice and accountability.

Conclusion

The Local Complaints Committee (LCC) under Section 6 of the POSH Act, 2013, plays a crucial role in extending the protection of women against sexual harassment at workplaces, especially in sectors where traditional mechanisms like ICCs are not feasible. By ensuring access to a fair and just process, the LCC embodies the essence of the POSH Act—making the workplace a safe and dignified environment for all women, regardless of their employment status.

ALT INDIA LEGAL