(Recycling an old article I wrote but its still relevant, so give it a try?)

One of the most unheard voices from the #MeToo movement continue to be women from the informal sector, who make up a whopping 95% of the total women workers in India. Recently 3000 domestic workers wrote to Smriti Irani for better protections and safer workplaces. 

The Sexual Harassment (Prevention, Prohibition, and Redressal) of Women at Workplace Act, 2013 or POSH includes in its ambit, both formal and informal workers. While the Internal Committee(IC) is constituted at an institutional level, there is also a mandate to form a Local Committee (previously called Local Complaints Committee) in every district in the country.

It means, that if your workplace has no Internal Committee or has less than 10 employees, if the sexual harassment complaint is against the employer himself or if the complainant is a women working in the unorganized sector such as domestic workers- the law provides for the constitution of a LC in her district.

Who will create this committee?    

It is the ‘District Officer’ usually the DM or Collector, who is responsible for constituting the LC, with at least the following 5 members each for a 3 year term:        
 

1. The Chairperson, who is a woman eminent in the field of social work/women’ issues
2. One member who is any  woman working in the district
3. Two members, one of whom is woman, who are either associated with NGOs/knowledgeable about sexual harassment issues and preferably one of them is a lawyer
4. One member who is the officer dealing with women and child development in the district

At least one of the nominees should be a woman belonging SC/ST/OBC/Minority community.

Do the recommendation of the LC have any legal effect?

Yes, the committee has the same powers as a civil court and can summon witnesses, parties and evidence. If the accused is found guilty, it can impose fines or even direct the District Officer to recover the same from land revenue.

But how to identify LC in your district?

Ideally, the details of the LC’s in each district should be easily accessible on the website- either on the official site of the district administration or the respective Department of Women and Child Development, like for West Bengal here.

Unfortunately, that’s a far cry from the reality. A 2018 RTI study found that only 29% of Indian districts constituted the mandated local committees. 

What can we do?

Apart from contacting the above mentioned officials/departments you can file an RTI to the District administration or/and the state department of Women and Child Development. It is a fairly simple procedure and one of the most powerful tool for ordinary citizens. The application can include questions regarding the composition, tenure, contact details of the members of the LC or any other relevant information that is sought. (Feel free to contact me if you want a sample).

The District Officer not only constitutes the IC but is also responsible for regular training sessions and creating awareness regarding the issue and the provisions of the act. They also receive the annual reports from IC’s and the LC in the district. The office is thus, of prime importance for ensuring that the provisions mandated in the act are followed. Consistent efforts from all of us can ensure that women in vulnerable positions are not exploited further.

References:

1. https://theswaddle.com/3000-domestic-workers-sent-postcards-to-smriti-irani-to-request-better-protection-from-sexual-harassment/
2. https://www.hindustantimes.com/columns/expanding-the-ambit-of-the-metoo-movement/story-Lk8sVwtoVrtjCpNQl6EkeI.html
3. https://www.pria.org/knowledge_resource/1555306595_RTI%20Study%20PDF.pdf