----"Why is it Mandatory to Include One Non-Employee-Outsider as IC Member?'---
To ensure that there is No External interference, influence, interest, inroad, invasion, incursion, intrusion, whatsoever from anywhere in the independent Functioning of the Internal Committee.
This concept was conceived/mooted by the Supreme Court of India in 1997 Judgement when the Court ordered that Employer’s Organization shall constitute a Sexual Harassment Complaint-Redressal Mechanism and involve a “third party” who is familiar with the issues of Sexual Harassment at Workplace arising out of & in course of Employment.
The Supreme Court used their authority under Article 32 (Enforcement of Fundamental Rights) and Article 141 (SC Order to be treated as Law passed by the Parliament) under the Constitution of India.
The SHWW (P, P & R) Act 2013, made it Mandatory/Compulsory for Every Employer under Section-2, subsection 2 (c) to nominate a Non-Employee Outsider as the Fourth Member of the Internal Committee.
This Person need to be committed to the “Cause” of Women or Someone fully familiar with the Issues of Sexual Harassment at Workplace i.e. quid pro quo or abuse of Official Power and Authority or sexual favours made a pre-condition of the employment prospects or performance or alarming lack of awareness or clarity amongst Employees as to Sexual Harassment, gender bias or and Lack of Sensitivity and or Sensibility.
Point to Ponder for Every Employer who constituted the IC or is about to constitute the Internal Committee in his/her Establishment is:
Has such a Person been nominated on the Internal Committees in their Establishments who is actually able to Do Justice to her/his Nomination as IC Member (External) or the “Nomination” is just for the sake of it?
Is this Person, on the Internal Committee, well-aware of the 25 Legal Duties entrusted to the IC?
Is this Persona so nominated on the IC, capable to Discharge these Duties, Stable and Sober to withstand any External Pressure, Interference or Influence whatsoever and remain Independent, Unbiased, Unprejudiced and unaffected?
Are the Internal Committees effectively functioning as envisaged by the Law-Makers and the Law, properly and faithfully, in Letter and Spirit?
Also, the Employers need to remember that Mandatory Annual Reports regarding Effective Functioning of the IC i.e. IC Doing Right Things Right First Time, Every Time, and matters related thereto and connected therewith, have to be Filed before the District Officer and the ROC and that Penalties for inaccurate Reporting are stringent.
Kritarth Team of Spl Educators is readily available to “Serve” as IC Member (External) as already serving on several ICs.
30th June 2018
From India, Delhi
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