How Can Internal Committees Better Prevent Workplace Sexual Harassment After the 2016 Amendment?

Internal Committees Should Work Also for Prevention, Prohibition of Sexual Harassment - Effect Amendment of 2016

Whenever employers constitute Internal Committees in their establishments or re-nominate IC members upon the expiry of their membership period, they must induct or nominate an outsider non-employee as a member (external) of the Internal Committee (Section-4 of SHWW (P, P & Redressal) Act 2013).

The IC member (external) is a person who is well-versed with the "issues" of sexual harassment of women at the workplace and the "phenomenon" of quid pro quo or something-for-something often adopted by the harasser. This person needs to possess the following useful "capabilities" or "virtues":

Capabilities/Virtues Useful and Usable to Internal Committee Members:

1. Person with moral excellence.
2. Fair, proper, and just.
3. Without bias, prejudice, impartial, not yielding to any pressure.
4. Fully familiar with the principles of natural justice, in letter and spirit.
5. Thorough and well-trained in inquiry procedures laid down by law for such internal inquiries, including recording testimonies of the woman complainant, the respondent, the witnesses, and evidences produced during the inquiry proceedings, conducting conciliation, writing inquiry reports with "definite" and "conclusive findings" to be signed/attested by all IC members, preparing recommendations relating to compensation claimed by the complainant, application for up to 90 days leave, her or his deployment elsewhere, etc.
6. Fully aware of the 25 duties/tasks entrusted to IC by the law.

The amendment of May 2016 has categorically and emphatically underlined the scope of duties of the Internal Committee (IC) and the Local Committee (LC). Originally intended/envisaged, it has become a bounded duty of every employer to ensure by regular "monitoring" that the IC effectively functions at all times to co-create a safe and secure workplace where no woman shall be subjected to sexual harassment.

Let’s all move forward, faithfully, towards a harassment-free workplace environment where each and every employed person contributes not less than 100%, which is the business purpose of employment of the workforce. By all means, it benefits the business, the employer, the management, and others in the creation of wealth and well-being. Business excellence, after all.

Clarifications & help-me requests are welcome.

Regards, Sharan, Team Kritarth, Kritarth Consulting Private Limited [Phone Number Removed For Privacy-Reasons], [Email Removed For Privacy Reasons]
27 Sept 2017

Internal Committee - Spreading Role Underlined by Amendment of 9th May 2016

What was the actual, authentic, and core purpose of enacting the "Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013"?

What was and still is the fundamental objective to implement the said SHWW (P, P & R) Act 2013? The bona fide intent and purpose of enforcing the said SHWW (P, P & R) Act 2013 is categorically and clearly stated in its preamble and reiterated in Section 3 and throughout thereafter.

The holistic, intrinsic, ingrained, indispensable, and original objective, intent, and purpose of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013 is summarized below for ready and constant reference:

- Co-Creating a Safe and Secure Workplace Environment Where No Woman Shall be Subjected to Sexual Harassment
- Every Indian Citizen and others shall be and act sensitive and sensible and uphold, respect, and ensure that the fundamental rights of women of equality before the law, the right to life with dignity and honor, the right to pursue and practice any profession or employment to earn her livelihood and remain self-reliant are protected, supported, and provided for at all times anywhere as guaranteed in the Constitution of India Articles 14, 15, 19, 24, and others.

Let us all, every employer, head of institution, management, manager, supervisors, employed persons, and others take a pledge, an oath, and adopt a perspective to provide protection to every woman present at the workplace from sexual harassment and collaborate in co-creating a safe environment free from sexual harassment. To enable us, to help us strive and achieve our target, the recent amendment notified in the Gazette on 9th May 2016 is a very significant move. The amendment resulted in the words "Internal Complaints Committee" being replaced by the words "Internal Committee" wherever they occur in the text of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013.

This amendment was notified in the Extraordinary Gazette of India on 9th May 2016 and is contained in the Second Schedule Page 14 Column 4 published ref Repealing & Amendment Act 2016 (No. 23 of 2016).

It is significant to note that by "repealing" the word "Complaints" from the Statute Book SHWW (P, P & R) Act 2013, the original intent and object purpose of the said statute, namely SHWW (P, P & R) Act 2013, has been restored, retrieved, salvaged, and all ambiguity, whatsoever in more than one single interpretation now stands rested/settled, once for all.

Now, the formation and functioning of the Internal Committee (Section 4), an independent legal entity, is by all means not limited to dealing with SH complaints only. It implies explicitly and connotes clearly that the Internal Committee is meant to be active to co-create a safe and secure workplace environment free from sexual harassment so that, consequently, the workforce contributes 100% and nothing less, thereby creating wealth and well-being for all stakeholders.

Let's come together, stay together, and work together to achieve the objective of the SHWW (P, P & R) Act of 2013, in letter and spirit properly and faithfully. Myself and my team are with you for this cause and can be reached at Sharan, XLRI Alumnus, Special Educator, Transformatix P Solutions [Email Removed For Privacy Reasons] 2nd October 2017.