Seeking Recommendations for External ICC Team Members in Gujarat and Maharashtra for Sexual Harassment Policy Compliance

Dear friends, I am searching for an external member for the ICC team for both Gujarat and Maharashtra to support the sexual harassment policy. Could anyone please share the details of any individual who would be suitable to join our ICC team?

Thank you.

Please share more details on the minimum criteria to qualify as an external member. Do share the deliverables and a broad idea of the time required for delivery of the responsibilities. Looking forward to hearing from you so that we can suggest.

Regards

The member should be someone from an NGO working for women's rights and have knowledge of the subject matter.

I am willing to act as an external member on the ICC. I am already serving as an external member on the ICC of a few organizations. In case you need a male member, we can nominate a senior male member from our organization. I am based out of Delhi and am willing to travel.

Regards

I would like to draw your attention to the importance of the subject matter you have posted. It is crucial to give serious consideration before engaging an outsider as a member of the ICC (Internal Complaint Committee). Section 4 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 specifies in Subsection (2)(c) that "one member from amongst the NGOs or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment" should be part of the ICC.

The provision in Section 4(2)(c) clarifies that the external member should be from an NGO, an association dedicated to women's causes, or someone knowledgeable about sexual harassment issues. Therefore, it is essential to engage a person from these specific sectors. Additionally, it is important to note that the external member should not be a legal practitioner. The accused employee (respondent) has the right to seek assistance from any departmental or company employee. However, if a legal practitioner from an NGO/Association is engaged, the employee must be allowed to hire a legal practitioner from outside the department/company.

I recommend selecting an external member from a local NGO/Association that works for women's causes. While it is preferable for this member to be a woman, the law does not preclude a man from being an ICC member.

It is pertinent to mention that up to half of the ICC members can be male. The members' term will be three years from their nomination date to the ICC (Subsection (3) of Section 4).

Regards,
C.M. Lal Srivastava
[Email Removed For Privacy Reasons]
[Phone Number Removed For Privacy Reasons]
6th February 2015

I would like to differ from the above statement that such an external member cannot be a legal practitioner. Rule 4(b) of the SHWW Rule, 2013 explicitly allows a person who is familiar with labor, service, civil, or criminal law to be appointed as an external member of ICC. Moreover, the Act does not allow a person to be represented by a lawyer, irrespective of whether a member of ICC is a lawyer or not (Rule 7(6)).

External Member Services for ICC on a PAN India Basis

I am representing several MNCs as an External Member of the ICC on a PAN India basis. You may be aware that apart from the constitution of the Internal Complaints Committee, Chapter VI Section 19(c) stipulates that every employer shall “organize workshops and awareness programs at regular intervals for sensitizing the employees with the provisions of the Act and orientation programs for the members of the Internal Committee."

We, S. G. Management Services (SGM), apart from Labour Law Compliance, have been providing business consultancy on the implementation of the new Sexual Harassment Act 2013 as a turnkey project. This is a very sensitive compliance issue and is as important as other labour laws and as important as filing your taxes. More than the penalties for non-compliance, it’s about safeguarding the employees, senior management, and the reputation of the organization.

We have been providing end-to-end consultancy on this subject, right from reviewing/writing your HR policy on SHW, Retainer-ship Model – External ICC member, orientation programs on the Act along with a Gender Sensitization module, and a detailed practical workshop on the functioning of the Internal Complaints Committee packed with case studies, scenarios, videos, and mock case investigations.

At SGM, we have been working with several organizations from the private sector, each with its internal complexities related to their large employee base, hierarchy, multiple locations, and several other factors. We provide end-to-end consultancy, on-site training, and support with drawing up a robust policy and help with the external member to these companies on a PAN India basis. To name a few: AIRCOM International India Private Limited, Teoco Software Private Limited, Ganymede Technologies Private Limited, Freescale Semiconductor Private Limited, and many more.

In case you desire to avail of our services, please get in touch with us. It will be our privilege and pleasure to associate with you.

Regards,

P. S. Lakshmanan
S. G. Management Services
Kolkata
(M) [Phone Number Removed For Privacy Reasons]
(Phone) [Phone Number Removed For Privacy Reasons]

Hi Pooja,

SGMC may be the right person; otherwise, you can try representation from a local NGO.

Regards

Hi All,

Thank you for the information. I have a query: can an MBBS doctor be appointed as an external member, considering the law states that we can appoint any person familiar with issues related to sexual harassment? Please provide valuable insight.

Thank you,
Smita

Please write to Advocate B. D. Negi to set up policy training and also to become an ICC member for the Prevention of Sexual Harassment of Women at Workplace Act (POSH). You can reach her at [Login to view].

Thank you very much for connecting with me. Please find my brief info below for your reference.

POSH/ICC training

Sexual Harassment (SH) at the workplace is one of the serious concerns of organizations in India today. To support the cause of prevention of sexual harassment at the workplace (POSH), the "Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act - 2013" was passed in India. According to this act, any organization with more than 10 employees must implement this law. The law states that these organizations must have an Internal Complaints Committee with a woman heading it. Also, it is the responsibility of the organization to train their employees regarding the basics of the act. POSH is one of the mandatory trainings in every organization.

We are independent consultants to conduct POSH trainings. Ms. Meena Lokhande, who is associated with many NGOs and corporates, has been working on this issue for the last 7 years, even before the law was enacted in India. She is associated with Aware Citizen Foundation and is on the Internal Complaints Committee of many organizations like ONGC, Hotel Taj Palace, Hotel Taj Lands End, Hotel Vivanta by Taj, Taj Stats, Khaitan & Co. (law firm), Ador Welding Ltd., and Morning Star Inc. She has been training their employees on a regular basis. She has trained employees of a few other companies like Jindal group of companies, United Spirits Ltd., etc. She is a former General Secretary of YWCA of Bombay and a former Director of Barbhaya Kalpavruksha (NGOs).

We help you to comply with the POSH Act. Please contact Ms. Meena Lokhande at [Phone Number Removed For Privacy-Reasons] or email us at [Email Removed For Privacy Reasons].

External Member under Sexual Harassment of Women at Workplace Act 2013

In reference to your query regarding the External Member under the Sexual Harassment of Women at Workplace Act 2013, I would like to inform you that the Internal Complaints Committee, now known as the Internal Committee (after a notification in 2016), is a "quasi-judicial authority" with powers of a Civil Court under the Code of Civil Procedure, 1908. It needs to be formulated within the legal framework, and the nomination of the "External Member" should be done on justified grounds and in the interest of the industry. Rule 3 of the Sexual Harassment of Women at Workplace Rules 2013 states:

External Members on the Complaints Committees

The Act refers to external members, which generally means persons who have expertise with the issue of sexual harassment. Given the largely intangible nature of workplace sexual harassment, there are a range of complexities involved in responding effectively to workplace sexual harassment complaints. For this reason, external third-party members on the Complaints Committees (from civil society or a legal background) should possess the following attributes:

1. Demonstrated knowledge, skill, and capacity in dealing with workplace sexual harassment issues/complaints.
2. Sound grasp and practice of the legal aspects/implications. Such expertise will greatly benefit Complaints Committees in terms of fair and informed handling of complaints to lead to sound outcomes. These external third-party members shall be paid for their services on the Complaints Committees as prescribed.
3. The external member, though the Act is silent, should preferably be a female as per the Principle of Natural Justice. In many judgments, it is stated that if during the inquiry the complainant is not comfortable giving her statement before male committee members, they could be requested to leave for obtaining her statement on record. The role of the external member is to handle the inquiry without any bias.

Criteria for the External Member

A "person familiar with issues relating to women" would mean such persons who have expertise in issues related to sexual harassment and may include any of the following:

- At least 5 years of experience as a social worker, working towards women’s empowerment and, in particular, addressing workplace sexual harassment.
- Familiarity with labor, service, civil, or criminal law.

The above-highlighted points, as per the enactment and the handbook issued by the central government through Ms. Maneka Gandhi, confer eligibility as a legal representative/expert in the field of the Sexual Harassment at Workplace Act 2013, except that the judgment of Air France in 2018 made it much clearer in reference to the appointment of an External Member.

I would like to further add here that I have completed my PhD in law on the same subject. Along with it, I am a member of the Indian Institute of Human Rights, specializing in the field of child and women's employment and development. I have been on the role of "External Member" in a number of companies on a Pan India basis.

I hope the above clarification, along with the attachment, makes it much more specific and clear.

Regards,
Dr. Aditi Kaushal

You may approach any local NGO that is working on women's issues. You may get in touch with Adv. BD Negi of Samvad Foundation at basanti@samvadfoundation.org.

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