Dear Information-Seekers & Others concerned,
"Point-wise Lawful Position", are as below:
Point-1:--- " Can the HR department or the Head of the Management give "Directions" or "Interfere" in IC Inquiry Proceedings into SH Complaints? (In some situations it is happening in some organisations. In this situation, what will be the role of External Member of IC?"
Clarification Offered: " No Person or Entity, whatsoever, Can or Should give "Directions" to IC Members or "Interfere" with the ongoing Inquiry Proceedings Conducted by the IC into any SH Complaint. Such an Act is Unlawful, Unauthorized and Punishable.
"Internal Committees", once Constituted by the Employer or the Head of Institution, under Section-4 of Sexual Harassment of Women at Workplace(Prevention, Prohibition & Redressal) Act 2013 (gazetted on 9.12.2013) "
"Shall Function as an Independent Legal Entity/Body/Mechanism/Forum without any External OR Outside of the IC, Influence, Interruption, Interference, Inroads, Clout, Affirmation, Advise or Words put in in any manner whatsoever; and
Only the Internal Committee Members, Shall have the Same Powers as are Vested in a Civil Courts (Section-11) for the Purpose of making an Inquiry into SH Complaint NOT anyone else in the Establishment in any Capacity OR by Virtue of Aiding and Advising the IC irrespective of Position/Hierarchy,
Moreover, the IC Presiding Officer and or any IC Member under Section-4, Sub-Section (5) shall be liable and accountable before the Laws of the Land For Dereliction of Duty as IC Member or PO. Is or Will the HR Dept Personnel of the Management Superior or Any Person involving in IC Inquiry, Come Forward to Face the Legal Penalties for and on behalf of that Outsider, as it were? In fact, the right-thinking IC Presiding Officer and the Employee-Members Must Object to such Interference as reported, Verbally and in writing.
There lurks a Great Risk for such Persons interfering as aforesaid For SHe Box -an Online Portal- has since been Launched by Ministry of Women & Child Development in No 2017 and any Person Disgruntled with such interference may Register Her/His Protest on SHe Portal inviting Not Only be an Embarrassment but is inviting Legal Penalties. So Employers Beware and Effectively Stop External Pressure and the Like.
Point-2. ..."Can IC have powers to summon anyone who is needed for the particular SH case independently without the consent of the Organisation? (Note; PO and other members of IC are the employees of the Organisation)..."
Clarification Offered by Kritarth Team: " Yes, most Certainly as very categorically stipulated in Section-11 of SHWW Act 2013 for the Object of Any Such Internal Inquiry is to ASCERTAIN the Facts of the Complaint.
Point-3. ...."Who has authority to give Findings of the SH Complaints/ Cases?..."
Clarification Offered: " Only the Internal Committee Members who were present and participated in the Inquiry Proceedings shall Sign/Attest the Inquiry Report with Findings on each of the Pages of the Report.
The Findings must be issued to the Complainant and the Respondent to enable them to make Representation if any against the said Findings and must Review the Representation if any submitted.
The IC Presiding Officer must forward the Inquiry Report with Findings to the Employer/Punishing Authority for information and further necessary action.
The IC ought to remember that their Inquiry Findings are Definite and Conclusive (Refer to Delhi HC relevant Verdict) as the Inquiry Findings are Final and Binding(Ref to Kolkata HC relevant Verdict).
Every Employer and Every IC and others who are deemed to be at par with the Employer in the Establishments Must refer to, Understand and act accordingly with the Provisions under Section-16 of SHWW Act 2013.
Aforesaid Clarifications Offered by Kritarth Team of Spl Educators.
Kritarth Team,
26 June 2018