Implement provisions to prevent Sexual Harassment of Women at Workplace: NMC reiterates NHRC directions for medical colleges

New Delhi: The National Medical Commission (NMC) has once again directed the medical colleges/institutes across the country to strictly adhere to the National Human Rights Commission's (NHRC) directions of implementing the provisions of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act, 2013).

Complying with these provisions the medical colleges are required to constitute the Internal Complaint Committees (ICCs), Local Committees (LCs), Internal Committees (ICs) at an appropriate level and the same should be displayed on the website of the Organization.

However, earlier NHRC had observed that the websites of medical colleges do not display such information including information about the composition of the ICC/LCs/ICs, the details of the email IDs, the contact numbers of the designated persons, or the procedure prescribed for submitting an online complaint. 

Consequently, the Postgraduate Medical Education Board (PGMEB) of NMC on 01.07.2024 had asked all health institutes and medical colleges to adhere to the directions issued in this regard by the Supreme Court, further warning that failure to comply with these directions would attract punitive action against the medical colleges.

Therefore, reiterating the earlier directions issued by the PGMEB, the National Medical Commission (NMC) has now once again directed all the concerned medical colleges to strictly adhere to the earlier directions.

"I invite reference to the Post Graduate Medical Education Board's (PGMEB) letter dated 01-07-2024 (copy enclosed) to all medical institutions/ colleges directing them for compliance of NHRC's Order dated 12-06-2024, 29-01-2024 and 03-08-2024 in Case No. 343/11/13/2023 which is concerning the implementation of the provisions of the Sexual Harassment of Women at Work Place (Prevention. Prohibition and Redressal) Act, 2013 (PoSH Act, 2013) and the contents of the letter are self explanatory. All concerned medical colleges are requested to strictly adhere to the same," NMC mentioned in a directive issued to the Directors/Principals/Deans & HoDs of All Medical Colleges/Institutions under NMC on 22.08.2024.

Earlier Directions issued by NMC: 

Writing to the Dean & HoDs of All Health Institutions/Medical Colleges under NMC, the PG Board of the Commission had earlier asked for compliance of NHRC's order dated 12.06.2024, 29.01.2024, and 03.08.2024.

In this regard, PGMEB referred to NMC's earlier communication issued on 28.06.2023. Medical Dialogues had earlier reported that last year complying with the Supreme Court order regarding the implementation of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act, 2013) at all institutes and organisations, the National Medical Commission had issued directions to the medical colleges across the country in this regard. These directions were issued by the Commission based on the Supreme Court order dated 15.05.2023, through which the Apex Court had directed all the Institutions/Organizations to implement the provisions of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act, 2013) and to constitute and compose the Internal Complaint Committees (ICCs), Local Committees (LCs), Internal Committees (ICs) under them at appropriate level.

Accordingly, all the medical colleges were requested to comply with the directions of the Hon'ble Supreme Court of lndia as under:

Referring to the Supreme Court order and the earlier directions issued by NMC last year, PGMEB in its letter dated 01.07.2024 mentioned, "National Medical Commission (NMC) vide letter No. CDN-20011/28/2023/Coord-NMC dt. 28.06.2023 has communicated to all Health institutions/Medical Colleges to comply with directions of the Hon'ble Supreme Court of India vide Judgment dt 12.03.2023 passed in Civil Appeal No. 2482/2014 filed by Shri AurelianoFernandes Vs. State of Goa &Ors. All the Medical institutions/ Organization have to implement the provision of Sexual harassment of Women at work Place (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act 2013) and to constitute the Internal Complaint Committees (ICCs), Local Committees (LCs), Internal Committees (ICs) at appropriate level and same should be displayed on the website of the Organization."

However, pointing out that NHRC took note of non-compliance with these directives, the PG Board further added, "However the NHRC in its order dated 12.06.2024 in the Case No. 343/11/13/2013 has observed that the websites of the Medical Colleges do not display information about the composition of the ICC/LCs/lCCs, the details of the email IDs, the contact numbers of the designated persons, nor the procedure prescribed for submitting an online complaint, This omission is contrary to the directives contained in paragraphs 77 (i) & (ii) of the judgment dated 12.05.2023 (attached herewith) passed by the Supreme Court of India in Civil Appeal No. 2482/2014 tiled by Shri Aureliano Fernandes vs. State of Goa & Ors."

The directives issued by the Court in the order are as follows:

"(i) The Union of India, all State Governments and Union Territories are directed to undertake timebound exercise to verify as to whether all the concerned Ministries, Departments, Government organizations, authorities, Public Sector Undertakings, invitations, bodies, etc. have constituted ICCs/LCs/ICs, as the case may be and that the composition of the said Committees are strictly in terms of the provisions of the PoSH Act.

(ii) It shall be ensured that necessary information regarding the constitution and composition of the ICCs/LCs/ICs, details of the e-mail IDs, and contact numbers of the designated person (s), the procedure prescribed for submitting an online complaint, as also the relevant rules, regulations and internal policies are made readily available on the website of the concerned Authority/Functionary/ Organisation/Institution/Body, as the case may be. The information furnished shall also be updated from time to time."

Referring to this, PGMEB had earlier asked the medical colleges to comply with these directives or face punitive action. "All health institutions and medical colleges arc once again directed to adhere to the directions provided by the Hon'ble Supreme Court of India, failing which punitive action as per the regulations may be taken by the NMC," the PG Board of NMC had mentioned.

To view the NMC notice, click on the link below:

https://medicaldialogues.in/pdf_upload/nmc-posh-act-249343.pdf

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