Are Internal Committee Members Truly Prepared for Sexual Harassment Inquiries? Let's Discuss

Nearly 25 Duties, Responsibilities & Roles of Internal Committee - Amendment 2016

One of the main duties of the IC (Internal Committee) and the LC (Local Committee), entrusted to them by the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013, duly emphasized by the Amendment in 2016 (Sections 6, 7 & 24), is as follows:

1. To conduct a proper inquiry into complaints of sexual harassment in accordance with the principles of natural justice and the procedures prescribed for conducting such internal inquiries; and
2. Submit a proper inquiry report with definite and conclusive findings; and
3. Ensure the report is signed or attested by all the members of the IC and/or the LC, as applicable.

Training and Skills of Committee Members

The moot point to ponder is: Are the members of the IC and/or the LC thoroughly trained or oriented in the skills and capacity to conduct inquiries into complaints of sexual harassment received or reported by the aggrieved woman-complainant? Maybe? Maybe not?

Conducting such inquiries as per the laws are specialized functions, and employees, by and large, are not legally trained and are often at a loss as to how to proceed with inquiry proceedings. For this reason, the applicable Act of 2013 has made it mandatory for employers or heads of institutions to organize training programs for such members.

For any clarifications, proper guidance is available.

Sharan
XLRI Alumnus and Special Educator PoSH Programs & Serving Member (External), Internal Committees, PAN India
Sept 24, 17

The duties, responsibilities, and roles of Internal Committees (IC) and Local Committees (LC) regarding sexual harassment complaints are crucial in ensuring a safe workplace environment. It is essential that members of these committees are adequately trained to handle such sensitive matters effectively. Here are practical steps to ensure members are equipped to conduct inquiries:

1. Training Programs: Employers must organize comprehensive training programs for IC and LC members focusing on the legal aspects, principles of natural justice, and inquiry procedures outlined in the Sexual Harassment of Women at Workplace Act 2013.

2. Legal Guidance: Provide access to legal resources or experts who can offer guidance on conducting inquiries, interpreting laws, and ensuring compliance with the Act.

3. Mock Inquiries: Conduct mock inquiry sessions to simulate real-life scenarios and enhance members' skills in conducting investigations, interviewing witnesses, and documenting findings.

4. Regular Updates: Keep members informed about any amendments or changes in the law related to sexual harassment to ensure their knowledge is up to date.

5. Support Systems: Establish support systems for committee members where they can seek guidance or clarification on complex issues that may arise during inquiries.

6. Documentation: Emphasize the importance of accurate and detailed documentation throughout the inquiry process to maintain transparency and accountability.

By following these steps, organizations can empower their IC and LC members to effectively carry out their duties in handling sexual harassment complaints with professionalism and sensitivity.