Why Is an External ICC Member Crucial for Fair Sexual Harassment Inquiries?

Distinct Role of ICC Member (External) - An Overview and Suggestion

While constituting the ICC (Internal Committee), every employer or head of an institution is legally bound to nominate an eligible person as an ICC Member (External). This member must be someone not employed within the establishment.

The point to ponder is why nominate an external member in every ICC? What is the rationale?

The natural corollary seems to be:
i) To ensure that the ICC functions without any external influence, suggestion, pressure, or influence whatsoever. For instance, any member who is an employee themselves, for reasons known or unknown, is not overwhelmed by any superior.
ii) To ensure that no bias, prejudice, personal knowledge, or inputs affect the ICC when coming to conclusions based on the facts and circumstances of the sexual harassment complaint case and/or the defense put up by the respondent.
iii) To ensure that no arbitrariness creeps into ICC proceedings or recommendations.
iv) To ensure that the inquiry is conducted in accordance with the principles of natural justice, with which an ordinary employee-member may not be well-versed or even familiar at all.
v) Because this member (external) possesses hands-on reliable experience in conducting inquiries or conciliations as per laid down procedures, is proficient in recording testimonies of the complainant, the respondent, and the witnesses, with cross-examination, writing inquiry reports with definite and conclusive findings, and similar activities related to the inquiry.
vi) Because such a person is fully familiar with the issues of sexual harassment at the workplace, understands quid pro quo, and is suitably insightful, inter alia.

Though the list of virtues is endless, the aforementioned qualities of the external member of the ICC are invaluable to any ICC.

Harsh K Sharan,
Serving Member (External) of several ICC & Special Educator PoSH Programs
19 Sept 2017
Location: Delhi, India
Tags: internal committee, sexual harassment, natural justice, ICC member, Country-India, City-India-Delhi

The rationale behind nominating an External Member in every Internal Committee (ICC) is crucial for maintaining the integrity of the investigation process, particularly in cases of sexual harassment complaints. Here are the key reasons why having an External Member is essential:

- Independence and impartiality: An External Member ensures that the ICC operates free from internal biases, influences, or pressures. This independence is vital for fair and unbiased proceedings.

- Objective decision-making: By having an External Member, the ICC can make decisions based solely on the facts and circumstances of the case, without any internal interference or personal knowledge affecting the outcome.

- Adherence to principles of natural justice: External Members are often well-versed in legalities and procedural fairness, ensuring that the inquiry is conducted in accordance with the principles of natural justice. This expertise is crucial for maintaining procedural integrity.

- Experience in conducting inquiries: External Members typically bring hands-on experience in conducting inquiries, recording testimonies, cross-examining witnesses, and preparing inquiry reports. Their proficiency in these areas enhances the quality and thoroughness of the investigation process.

- Insight into workplace issues: External Members are familiar with workplace dynamics, including issues related to sexual harassment, quid pro quo situations, and other workplace complexities. Their insight adds valuable perspectives to the investigation process.

In conclusion, the distinct role of an External Member within an ICC is indispensable for ensuring fairness, objectivity, and adherence to legal and procedural standards during the investigation of sexual harassment complaints in the workplace.