The National Commission for Women (NCW) has asked all states/Union Territories to direct authorities to ensure strict implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and guidelines established thereunder.

The NCW has also requested that instructions be given to all coaching institutes to ensure effective steps are taken for prevention of sexual harassment of female students. 

The POSH Act

• The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act came into force with effect from December 9, 2013. 

• Known as the POSH Act, it seeks to cover all women, irrespective of their age or employment status, and protect them against sexual harassment at all workplaces both in public and private sector, whether organised or unorganised.

• The Act envisages a mechanism in the form of Internal Complaints Committee (ICC) and Local Complaints Committee (LCC). All workplaces employing 10 or more workers are mandated under the Act to constitute an ICC. 

• Complaints from workplaces employing less than 10 workers or when the complaint is against the employer will be looked into by the LCC. 

• The Act casts a responsibility on every employer to create an environment that is free from sexual harassment. Under it employers are required to organise workshops and awareness programmes at regular intervals for sensitising employees about the provision of this legislation.

National Commission for Women (NCW) 

• The National Commission for Women (NCW) was constituted on January 31, 1992, as a statutory body in pursuance of the National Commission for Women Act, 1990, to safeguard and promote the rights and interests of women.

Mandate of NCW:

The Commission has the mandate to:

• Investigate and examine the legal safeguards provided to women under the Constitution and other laws, and recommend to the government whenever necessary, on the measures for effective implementation of laws. 

• Review existing provisions of the Constitution and other laws affecting women, and to recommend amendments to meet any lacunae, inadequacies or shortcomings in such laws. 

Constitution of NCW

• The Commission comprises a chairperson, five members and a member secretary.

• The members are nominated by the central government from amongst persons of ability, integrity and standing who have had experience in law or legislation, trade unionism, management of an industry potential of women, women’s voluntary organisations (including women activist), administration, economic development, health, education or social welfare. 

• At least one member each shall be from amongst persons belonging to the Scheduled Castes and Scheduled Tribes respectively.

• The maximum tenure of the chairperson and the members of the Commission is three years. 

The Commission also:

i) Looks into complaints/cases to redress them effectively.

ii) Takes suo-moto notice on matters relating to deprivation of women’s rights.

iii) Takes up issues with appropriate authorities.

iv) Conducts research studies on issues of relevance to women.

v) Provides training in gender sensitisation and legal awareness training to young girls and women across India. 

• The Commission participates and advises in the planning process for socio-economic development of women and evaluates socio-economic progress, inspects jails, and remand homes where women are kept under custody and seek remedial action wherever necessary. 

• The Commission has the responsibility of addressing the concerns of women and help in designing, implementing and monitoring activities, implementation of laws, policies and programmes for empowerment of women.

The Commission is responsible for:

i) Studying and monitoring all matters relating to constitutional and legal safeguards provided for women.

ii) Reviewing the existing legislations and suggesting amendments, wherever necessary.

iii) Looking into complaints and taking suo motu notice of cases involving deprivation of the rights of women in order to provide support, legal or otherwise to helpless women.

iv) Monitoring proper implementation of all legislations enacted to protect the rights of women to enable them to achieve equality in all spheres of life and equal participation in the development of the nation.

v) Undertaking promotional and educational research and participating in and advising in the planning process of socio-economic development of women.

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