Every Employer in India is legally Duty-bound to Constitute the Internal Committee in his/her Establishment where Ten and more Persons are employed as stipulated in Section-4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition &Redressal) Act 2013 and the Rules Gazetted thereunder on 9.12.2013.
The IC is constituted with Minimum Four (4) Members- Three from amongst the Employees in the said Establishment and whereas the 4th Member (External) is a Non-Employee -Outsider.with prescribed Aptitude, Right Attitude, and Right Approach so that they Can Discharge their Duties, Responsibilities and Role, properly and faithfully.
The said Act of 2013 stipulates that the Employer shall Organize Orientation Program and Capacity & Skills Building Program to enable the IC Members to build necessary Capabilities and Competence. However, the prescribed Mandatory Programs, in some cases/situations remained a mere ritual, a rigmarole may be a sham or a subterfuge, as it were which surfaces when the Findings of the IC is questioned/challenged in Courts of Law either by the Aggrieved Woman Complainant or the Respondent and some recent Judgements of the High Courts serve as Eye Opener.
While it is expedient to educate, Orient and Train the IC Members immediately on Urgent basis, the Crucial Role played by the IC Member (External) cannot be and need not be Negated, outrightly. By virtue of the fact that the IC Member (External), by and large, posses required Experience of dealing with SH Complaints and other Complaint they serve well the IC, in Letter and Spirit of the Law.
Whenever the Employers constitute Internal Committee s in their Establishments or Re-Nominate IC Members on expiry of the period of their Membership, the Employers must induct/Nominate an Outsider Non-Employee as Member (External) of the Internal Committee as per Section-4 of Sexual Harassment of Women at Workplace (P, P & Redressal) Act 2013).
The IC Member (External) is a Person who is well-versed with the “Issues” of Sexual Harassment of Woman at Workplace and the "phenomenon” of quid pro quo or something-for-something often resorted to by the Harasser. This Person needs to possess following useful “Capabilities”/ “Virtues”:
“Capabilities” / “Virtues” useful to Effective Functioning of Internal Committee Members:
1. A person with Moral Excellence;
2. Who is Fair, Proper and Just;
3. Who is without Bias, Prejudice, Impartial not yielding to any Pressure;
4. Who is fully-familiar with the Principles of Natural Justice, in Letter & Spirit;
5. Who is thorough and well-trained in Inquiry Procedures laid down by law for such Internal Inquiries including, Recording of Testimonies
of the Woman-Complainant, the Respondent, the Witnesses & Evidences produced during the Inquiry Proceedings, in conducting
Conciliation, Writing/Inquiry Report with definite” and “conclusive Findings” to be signed/attested by all IC Members, Preparing
Recommendations relating to Compensation claimed by the Complainant, Application for up to 90 days Leave, Her or his Deployment
elsewhere etc; and
6. Who is fully-aware of the 25 Duties/Tasks entrusted to IC by the Law
The Amendment of May 2016 has categorically and emphatically underlined the Scope of Duties of the Internal Committee (the IC) and the Local Committee (LC), originally intended/envisaged it has become a bounded Duty of Every Employer to ensure by regular “Monitoring” that the IC effectively functions all time to co-create a Safe and Secure Workplace Where No Woman Shall be subjected to Sexual Harassment at Workplace.
Let’s all move forward, faithfully, towards a Harassment-Free Workplace Environment where each and every Employed Person contributes not less than 100% which is the Business Purpose of employment of Workforce. By all means, it benefits the Business, the Employer, the Management and others in Creation of Wealth and Wellbeing. Business Excellence, after all, and in Ensuring that the Fundamental Rights of Women are not violated at Workplace
Clarifications and Help-Me requests are Welcome.
Harsh Sharan, Spl Educators Team,
Kritarth Team,
19.4.18
The IC is constituted with Minimum Four (4) Members- Three from amongst the Employees in the said Establishment and whereas the 4th Member (External) is a Non-Employee -Outsider.with prescribed Aptitude, Right Attitude, and Right Approach so that they Can Discharge their Duties, Responsibilities and Role, properly and faithfully.
The said Act of 2013 stipulates that the Employer shall Organize Orientation Program and Capacity & Skills Building Program to enable the IC Members to build necessary Capabilities and Competence. However, the prescribed Mandatory Programs, in some cases/situations remained a mere ritual, a rigmarole may be a sham or a subterfuge, as it were which surfaces when the Findings of the IC is questioned/challenged in Courts of Law either by the Aggrieved Woman Complainant or the Respondent and some recent Judgements of the High Courts serve as Eye Opener.
While it is expedient to educate, Orient and Train the IC Members immediately on Urgent basis, the Crucial Role played by the IC Member (External) cannot be and need not be Negated, outrightly. By virtue of the fact that the IC Member (External), by and large, posses required Experience of dealing with SH Complaints and other Complaint they serve well the IC, in Letter and Spirit of the Law.
Whenever the Employers constitute Internal Committee s in their Establishments or Re-Nominate IC Members on expiry of the period of their Membership, the Employers must induct/Nominate an Outsider Non-Employee as Member (External) of the Internal Committee as per Section-4 of Sexual Harassment of Women at Workplace (P, P & Redressal) Act 2013).
The IC Member (External) is a Person who is well-versed with the “Issues” of Sexual Harassment of Woman at Workplace and the "phenomenon” of quid pro quo or something-for-something often resorted to by the Harasser. This Person needs to possess following useful “Capabilities”/ “Virtues”:
“Capabilities” / “Virtues” useful to Effective Functioning of Internal Committee Members:
1. A person with Moral Excellence;
2. Who is Fair, Proper and Just;
3. Who is without Bias, Prejudice, Impartial not yielding to any Pressure;
4. Who is fully-familiar with the Principles of Natural Justice, in Letter & Spirit;
5. Who is thorough and well-trained in Inquiry Procedures laid down by law for such Internal Inquiries including, Recording of Testimonies
of the Woman-Complainant, the Respondent, the Witnesses & Evidences produced during the Inquiry Proceedings, in conducting
Conciliation, Writing/Inquiry Report with definite” and “conclusive Findings” to be signed/attested by all IC Members, Preparing
Recommendations relating to Compensation claimed by the Complainant, Application for up to 90 days Leave, Her or his Deployment
elsewhere etc; and
6. Who is fully-aware of the 25 Duties/Tasks entrusted to IC by the Law
The Amendment of May 2016 has categorically and emphatically underlined the Scope of Duties of the Internal Committee (the IC) and the Local Committee (LC), originally intended/envisaged it has become a bounded Duty of Every Employer to ensure by regular “Monitoring” that the IC effectively functions all time to co-create a Safe and Secure Workplace Where No Woman Shall be subjected to Sexual Harassment at Workplace.
Let’s all move forward, faithfully, towards a Harassment-Free Workplace Environment where each and every Employed Person contributes not less than 100% which is the Business Purpose of employment of Workforce. By all means, it benefits the Business, the Employer, the Management and others in Creation of Wealth and Wellbeing. Business Excellence, after all, and in Ensuring that the Fundamental Rights of Women are not violated at Workplace
Clarifications and Help-Me requests are Welcome.
Harsh Sharan, Spl Educators Team,
Kritarth Team,
19.4.18