How to find an External member for ICC team for Sexual Harassment policy compliance?

Smita Sudheesh
Hi All,
Thank you for the information
I have a querry, whether doctors an MBBS doctor can be appointed as an External member as the law itself say we can appoint any person who is familiar with the issues related to sexual Harrassment.
Please provide with the valuable insight.
Thank You
Smita
hopegovind
Please write to Advocate B D. Negi for set up policy training and also for ICC member of Prevention of Sexual Harassment of Women at Workplace Act POSH write her at [Login to view]
meena-lokhande
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 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 on the basics 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 last 7 years even before the law was enacted in India.
She is associated with Aware Citizen Foundation. She 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,.
Sefar Filtration India Pvt. Ltd, ZF India Pvt. Ltd.,
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 POSH Act.
Please contact Ms. Meena Lokhande 9819410818 or email us at [Login to view]
Aditik84
Dear Pooja,
In reference to your query in regard to External Member under Sexual
Harassment of women at workplace Act 2013, I would like to inform you that Internal Complaints Committee now Internal Committee ( After notification in 2016) is a " Quazi Judicial authority with powers of Civil Court under Code of Civil Procedure, 1908, needs to be formulated within the legal framework and nomination of the " External Member" needs to be done on justified grounds and in interest of the industry. Rule 3 of the Sexual Harassment of women at workplace Rules 2013 states that:-
"3) External Members on the Complaints Committee/s
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 Committee/s (from civil society or 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 but should be preferably be a female as per the Principle of Natural justice and even in many judgments it is stated that if during the enquiry the complainant not comfortable in giving her statement before the male committee members so they could be requested to leave for obtaining her statement on record. As the role of the external member is to handle the enquiry without any baisness.
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 labour, 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 confers eligibility as to a legal representative/ expert in the field of Sexual Harassment at Workplace Act 2013 except that the judgment of Air France in 2018 had made it much more clearer in reference to appointment of External member.
I would like to further add here that I have completed my PhD in law on the same subject for which alongwith it I being the member at Indian Institue of Human Rights too specializing in field of Child & women employment and development. I had been on role as "External Member" on number of companies on Pan India basis.
I hope the above clarification alongwith the attachment shall make it much specific and clear.
Regards
Dr. Aditi Kaushal
globaloverseas144@gmail.com
We are authorised NGO representative for ICC across the country,Globalised Compaign Welfare Society
Ashoka Vittal
Hi Pooja
We are already supporting more than 40 factories across India. Please feel free to contact me at 8123000678. Thank you
ravigusain
We provide end to end POSH related solutions including qualified & experienced External member (Female Lawyer working for NGO as defined in the POSH Act).
Although Law is silent about the External member to be mandatory a female person, however as per the principle of Natural Justice female member is more preferable as the complainant female employee would be more comfortable to represent her case in front of a female than a male.
We are already providing External Member services to several corporates.
Feel free to contact me : RAVI GUSAIN - 9811624555 or [Login to view]
SGMC
Hi Pooja
I am already serving few MNCs as External Member on PAN INDIA basis. Please refer to my earlier posting on this forum.. I have also conducted various Awareness Programme too. My E Mail ID - [Login to view]
With Warm Regards
P S Lakshmanan
S.G. Management Services
Kolkata
hopegovind
You may approach any local NGO who are working on the womens issue
You may get in touch with Adv BD Negi of Samvad Foundation at [Login to view]
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