Internal Committees Should Work Also for Prevention, Prohibition of Sexual Harassment- Effect Amendment of 2016
Whenever the Employers constitute Internal Committees 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 (Section-4 of SHWW (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 adopted by the Harasser. This Person needs to possess following useful “Capabilities” / “Virtues”:
“Capabilities” / “Virtues” useful and Useable to Internal Committee Members:
1. 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.
Clarifications & Help-Me requests are WELCOME.
Sharan, Team Kritarth,
Kritarth Consulting Private Limited 91-9560453 756,
27 Sept 2017
From India, Delhi
200Whenever the Employers constitute Internal Committees 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 (Section-4 of SHWW (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 adopted by the Harasser. This Person needs to possess following useful “Capabilities” / “Virtues”:
“Capabilities” / “Virtues” useful and Useable to Internal Committee Members:
1. 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.
Clarifications & Help-Me requests are WELCOME.
Sharan, Team Kritarth,
Kritarth Consulting Private Limited 91-9560453 756,
27 Sept 2017
From India, Delhi
Internal Committee - Spreading Role Underlined by Amendment of 9th May 2016
What was the actual , authentic and core Purpose of enacting legislating the "Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013" ?
What was and still is the fundamental Objective to implement the said S H W W (P, P & R ) Act 2013 ?
The bonafide intent and Purpose of enforcing the said S H W W (P, P & R) Act 2013 is categorically and clearly stated in its Preamble and repeated/reiterated in the Section 3 and throughout thereafter.
The holistic,intrinsic, ingrained,indispensable and the Original Objective, Intent and Purpose of the Sexual Harassment of Women at Workplace
(Prevention, Prohibition & Redressal) Act 2013 is summarized below for ready and constant reference:
.....Co-Creating a Safe and Secure Workplace Environment Where No Woman Shall be Subjected to Sexual Harassment...;
.....Every India Citizen and others shall be and act sensitive and Sensible and uphold, respect and Ensure that the Fundamental Rights of Women
of Equality before the Law, Right to Life with Dignity and Honor , Right to pursue and Practice any Profession or Employment to Earn her
Livelihood and remain Self-Reliant are protected, Supported and Provided for at all times anywhere as Guaranteed in the Constitution of India
Articles 14, 15, 19, 24 and others
.
Let us all, Every Employer, Head of Institution, Management, Manager, Supervisors, Employed Persons and other take a Pledge, an Oath and adopt a Perspective to provide Protection to every Woamn present at Workplace from Sexual Harassment and Collaborate in co-creating a Safe Environment free from Sexual Harassment.
To enable us, to help us strive and achieve our Target, the recent Amendment notified gazetted on 9th May 2016 is Very Significant move
The Amendment resulted as follows:
The Words "Internal Complaints Committee" stand substituted/replaced by the Words "Internal Committee" wherever they occur in the Text of Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013.
This Amendment was notified in the Extraordinary Gazette of India on 9th May 2016 and is contained in the Second Schedule Page 14 Column 4 published ref Repealing & Amendment Act2016 (No 23 of 2016).
It is significant to take note that by "repealing" deleting the word "Complaints" from the Statute Book S H W W (P, P &R) Act 2013, the original intent and Object Purpose of the said Statute namely S H W W (P, P &R) Act 2013, has been restored, retrieved, salvaged and all ambiguity, whatsoever in more than One Single Interpretation now stand rested/settled, once for all.
Now, the formation and Functioning of the Internal Committee (Sectio-4), an Independent Legal Entity, is by all means Not Limited to dealing with SH Complaints ONLY. It implies explicitly and connotes crystal-clearly that the Internal Committee is meant to be active to co-create a Safe and Secure Workplace Environment free from Sexual Harassment so that consequently/ as a Natural Corollary, the Workforce contributes 100% and nothing less and thereby create Wealth and Wellbeing for all Stakeholders.
Lets come Together, Stay Together and Work Together to achieve the Objective of the SHWW (P, P &R) Act of 2013, in letter and spirit properly and faithfully.
Myself and my Team are with you for this Cause and can be reached at
Sharan, XLRI Alumnus,
Spl Educator,
Transformatix P Solutions
2nd October 2017.
From India, Delhi
What was the actual , authentic and core Purpose of enacting legislating the "Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013" ?
What was and still is the fundamental Objective to implement the said S H W W (P, P & R ) Act 2013 ?
The bonafide intent and Purpose of enforcing the said S H W W (P, P & R) Act 2013 is categorically and clearly stated in its Preamble and repeated/reiterated in the Section 3 and throughout thereafter.
The holistic,intrinsic, ingrained,indispensable and the Original Objective, Intent and Purpose of the Sexual Harassment of Women at Workplace
(Prevention, Prohibition & Redressal) Act 2013 is summarized below for ready and constant reference:
.....Co-Creating a Safe and Secure Workplace Environment Where No Woman Shall be Subjected to Sexual Harassment...;
.....Every India Citizen and others shall be and act sensitive and Sensible and uphold, respect and Ensure that the Fundamental Rights of Women
of Equality before the Law, Right to Life with Dignity and Honor , Right to pursue and Practice any Profession or Employment to Earn her
Livelihood and remain Self-Reliant are protected, Supported and Provided for at all times anywhere as Guaranteed in the Constitution of India
Articles 14, 15, 19, 24 and others
.
Let us all, Every Employer, Head of Institution, Management, Manager, Supervisors, Employed Persons and other take a Pledge, an Oath and adopt a Perspective to provide Protection to every Woamn present at Workplace from Sexual Harassment and Collaborate in co-creating a Safe Environment free from Sexual Harassment.
To enable us, to help us strive and achieve our Target, the recent Amendment notified gazetted on 9th May 2016 is Very Significant move
The Amendment resulted as follows:
The Words "Internal Complaints Committee" stand substituted/replaced by the Words "Internal Committee" wherever they occur in the Text of Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013.
This Amendment was notified in the Extraordinary Gazette of India on 9th May 2016 and is contained in the Second Schedule Page 14 Column 4 published ref Repealing & Amendment Act2016 (No 23 of 2016).
It is significant to take note that by "repealing" deleting the word "Complaints" from the Statute Book S H W W (P, P &R) Act 2013, the original intent and Object Purpose of the said Statute namely S H W W (P, P &R) Act 2013, has been restored, retrieved, salvaged and all ambiguity, whatsoever in more than One Single Interpretation now stand rested/settled, once for all.
Now, the formation and Functioning of the Internal Committee (Sectio-4), an Independent Legal Entity, is by all means Not Limited to dealing with SH Complaints ONLY. It implies explicitly and connotes crystal-clearly that the Internal Committee is meant to be active to co-create a Safe and Secure Workplace Environment free from Sexual Harassment so that consequently/ as a Natural Corollary, the Workforce contributes 100% and nothing less and thereby create Wealth and Wellbeing for all Stakeholders.
Lets come Together, Stay Together and Work Together to achieve the Objective of the SHWW (P, P &R) Act of 2013, in letter and spirit properly and faithfully.
Myself and my Team are with you for this Cause and can be reached at
Sharan, XLRI Alumnus,
Spl Educator,
Transformatix P Solutions
2nd October 2017.
From India, Delhi
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