Answer By law4u team
Introduction
The Internal Complaints Committee (ICC) plays a central role in ensuring a safe, inclusive, and harassment-free environment in universities. Mandated under the POSH Act and UGC guidelines, the ICC is the primary body to receive, investigate, and redress sexual harassment complaints in higher educational institutions.
Key Responsibilities and Role of ICC
Complaint Redressal: ICC is responsible for receiving and addressing complaints of sexual harassment from students, faculty, or staff within the institution.
Fair Inquiry Process: After receiving a written complaint, the ICC must conduct an impartial inquiry, which should be completed within 90 days. It can call witnesses, examine evidence, and recommend action.
Composition of ICC:
- Presided over by a senior woman faculty member.
- Includes faculty, non-teaching staff, and a student representative.
- One external member from an NGO or legal background familiar with sexual harassment issues.
Confidentiality: The ICC must maintain strict confidentiality during proceedings to protect the privacy of all parties involved.
Recommendations: Based on its findings, the ICC can recommend disciplinary action such as suspension, warning, or dismissal to the university administration.
Support for Victims: ICC may suggest measures for interim relief like changing hostel rooms, class sections, or work assignments to protect the complainant.
Awareness Programs: Conducts sensitization workshops and awareness sessions to educate students and staff about sexual harassment and prevention strategies.
Legal Authority and Framework
POSH Act, 2013: Legally mandates the establishment of ICC in all workplaces, including educational institutions.
UGC Regulations, 2015: Enforces the constitution and duties of the ICC specifically in universities and colleges.
Binding Recommendations: The decisions and recommendations of the ICC are binding on the university authorities for implementation.
Right to Appeal: If dissatisfied with ICC's decision, both complainant and respondent have the right to appeal to an appellate authority or court.
Example
A female postgraduate student files a complaint against a male research guide for inappropriate behavior and suggestive messages.
The university’s ICC takes up the complaint, records statements, and examines evidence like messages and call logs.
After inquiry, the ICC finds the faculty member guilty of misconduct and recommends suspension. The university implements the action.
The student is also given the option of changing her guide and department for academic safety.
Had the ICC not acted or delayed the case, the student could have approached the UGC, High Court, or Human Rights Commission for further relief.
