Sexual harassment penal : NHRC notice to sports bodies and ministry SAI, BCCI
The NHRC stated that non-compliance with the PoSH rule was a "matter of concern" that could "impact the legal right and dignity of sports-persons" and gave the federations four weeks to produce detailed reports.
Sexual harassment penal : NHRC notice to sports bodies and ministry SAI, BCCI
Following the 2013 Posh Act’s faulty Internal Complaint Committee implementation at workplaces, the Honorable Supreme Court expressed concern.
According to reports, even ten years after the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redress) Act of 2013 (POSH Act) implementation, serious gaps in its effective enforcement persisted. The Supreme Court expressed strong disapproval of this situation on May 12, 2023 in Aurelio Fernandes v. State of Goa and Others.
The Court was informed that 16 of the 30 national sports federations in the country do not currently have an internal complaint committee (ICC), according to a survey conducted by a national daily newspaper.
Learn, How to implement PoSH provisions at Workplace
The National Human Rights Commission (NHRC) on Thursday issued notices to the more than 40 infringing sports bodies, as well as the Ministry of Youth Affairs and Sports, following the supreme court decision taking a suo motu cognizance of The Indian Express report highlighting non-compliance of provisions under the Prevention of Sexual Harassment (PoSH) law by national sports federations.
The NHRC stated that non-compliance with the PoSH rule was a “matter of concern” that could “impact the legal right and dignity of sportspersons” and gave the federations four weeks to produce detailed reports.
Yesterday, the wrestler in protest marched from Rajghat to raise awareness to the Wrestling Federation of India’s chief Brij Bhushan Sharan Singh’s sexual harassment and abuse of female wrestlers.
The absence of an Internal Complaints Committee (ICC), as required by the 2013 PoSH Act, was brought up last month by the MC Mary Kom led committee, which the government established to investigate claims of sexual harassment made by some of the top wrestlers in the country against Wrestling Federation of India president and BJP MP Brij Bhushan Sharan Singh.
According to a May 4 investigation published by The Indian Express, the wrestling organisation wasn’t the only one breaking the law. A completely compliant ICC was absent from 16 out of 30 sports federations, representing the sports in which India competed at the 2018 Asian Games, the Tokyo Olympics in 2021, and the 2018 Commonwealth Games.
The ICC is required by law to have a minimum of four members, at least half of whom must be women. One of these members must be an external member, preferably from an NGO or group that promotes women’s empowerment or from a person with experience in sexual harassment issues, such as a lawyer.
The state NHRC council and other authorities may take similar suo motu cognizance and reference of the NHRC notice to sport bodies against corporations and private sector organisations. Therefore, it is imperative that the organisation adopt effective PoSH practises and take a suo motu cognizance of the PoSH laws.
The organisation or every workplace must first implement a “ZERO” tolerance post policy for the organisation in order to comply with the posh procedure. Second, form an ICC with a presiding officer, members from outside the company, and an employee representative. Third, guarantee the committee’s independence, so it may implement a successful posh mechanism.
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