"Is it Fair, Just or Proper to Exclude External Member Internal Committee from IC Proceedings"
“Necessity is the Mother of Invention”
Instances are many and increasing where External Member of Internal Committees, for all practical purposes, are being Excluded from IC Free Functioning by not allowing to be associated with or Involved with scheduled Proceedings of Internal Committees on some pretext or other, often flimsy. This deft dispensation defeats the Purpose of Compulsory Nomination of External Member on Internal Committees as mandated by Section-4 of SHWW (P,P &R) Act 2013 in spite of a) a Legal Requirement Companies (Accounts) Amended Rules where Board of Directors file Declaration that Internal Committees at their Workplace have been Constituted and that b) Internal Committees File Annual Report for each Calendar year (Section-21) before the District Officer, a Copy of which is incorporated in Company’s Annual Report filed before ROCs. Many ICs are thus on Paper only, a Paper Tiger virtually.
The Office of External Member, Internal Committees is and remains an Indispensable Invention of Hon’ble Supreme Court of India. Alas, many did not yet embrace this Unique Invention resulting in recurrence of painful phenomenon of Sexual Harassment, Organization Problem of considerable Magnitude and an unsolved Social Problem hurting Families and Parents.
The Necessity and Need of “a Third Party” was to prevent the Possibility of any undue pressure or influence from Senior Levels (of the concerned Establishment). Hon’ble Supreme Court in 1997 ordered all Employers to involve “a Third Party” and constitute a Committee to deal with SH. But past Record is Bleak of obeying SC’s Ruling which are to be treated as Laws passed by Parliament as per Article 141 of Bharatiya Samvidhan. This much about Honoring our Own Constitution.
The Aim to Root out undue intervention, influence or pressure Building failed and the Worst Sufferers are Business-Starters, Entrepreneurs who wanted to Create Wealth and Wellbeing of all Stakeholders at the hands of their own Management Group.
The Office of External Member, Internal Committees was conceieved and erected by the Architects of Landmark Vishakha Judgement in 1997 (SC 3011, AIR 1997 Dec) by Supreme Court Justice Mrs. Sujata Manohar, in company with Chief Justice J N Verma (Late) and Justice BN Kirpal (SC 3011, AIR 1997 Dec). Their Key Construct was an Indispensable Invention of the Institution of “A Third Party” renamed as External Member Internal Committees in Section-4 of SHWW (P, P &R) Act 2013. Exclusion of External Member Internal Committee, thus violates the Laws and Tarnish the Trustworthiness of such accountable ICs and Employers who nominated such ICs and are Questionable.
All worthy Employers and all worthy Internal Committees must obey the Laws, faithfully and properly in letter and in Spirit setting Examples for their Employees to Be Better than Before to become Good to Great.
Always associate the External Member of Internal Committees to ensure Free & Full Functioning of the ICs.
Harsh Kumar Sharan,
Spl Educator PoSH Programs,
Kritarth Consulting Team
2.7.2020
“Necessity is the Mother of Invention”
Instances are many and increasing where External Member of Internal Committees, for all practical purposes, are being Excluded from IC Free Functioning by not allowing to be associated with or Involved with scheduled Proceedings of Internal Committees on some pretext or other, often flimsy. This deft dispensation defeats the Purpose of Compulsory Nomination of External Member on Internal Committees as mandated by Section-4 of SHWW (P,P &R) Act 2013 in spite of a) a Legal Requirement Companies (Accounts) Amended Rules where Board of Directors file Declaration that Internal Committees at their Workplace have been Constituted and that b) Internal Committees File Annual Report for each Calendar year (Section-21) before the District Officer, a Copy of which is incorporated in Company’s Annual Report filed before ROCs. Many ICs are thus on Paper only, a Paper Tiger virtually.
The Office of External Member, Internal Committees is and remains an Indispensable Invention of Hon’ble Supreme Court of India. Alas, many did not yet embrace this Unique Invention resulting in recurrence of painful phenomenon of Sexual Harassment, Organization Problem of considerable Magnitude and an unsolved Social Problem hurting Families and Parents.
The Necessity and Need of “a Third Party” was to prevent the Possibility of any undue pressure or influence from Senior Levels (of the concerned Establishment). Hon’ble Supreme Court in 1997 ordered all Employers to involve “a Third Party” and constitute a Committee to deal with SH. But past Record is Bleak of obeying SC’s Ruling which are to be treated as Laws passed by Parliament as per Article 141 of Bharatiya Samvidhan. This much about Honoring our Own Constitution.
The Aim to Root out undue intervention, influence or pressure Building failed and the Worst Sufferers are Business-Starters, Entrepreneurs who wanted to Create Wealth and Wellbeing of all Stakeholders at the hands of their own Management Group.
The Office of External Member, Internal Committees was conceieved and erected by the Architects of Landmark Vishakha Judgement in 1997 (SC 3011, AIR 1997 Dec) by Supreme Court Justice Mrs. Sujata Manohar, in company with Chief Justice J N Verma (Late) and Justice BN Kirpal (SC 3011, AIR 1997 Dec). Their Key Construct was an Indispensable Invention of the Institution of “A Third Party” renamed as External Member Internal Committees in Section-4 of SHWW (P, P &R) Act 2013. Exclusion of External Member Internal Committee, thus violates the Laws and Tarnish the Trustworthiness of such accountable ICs and Employers who nominated such ICs and are Questionable.
All worthy Employers and all worthy Internal Committees must obey the Laws, faithfully and properly in letter and in Spirit setting Examples for their Employees to Be Better than Before to become Good to Great.
Always associate the External Member of Internal Committees to ensure Free & Full Functioning of the ICs.
Harsh Kumar Sharan,
Spl Educator PoSH Programs,
Kritarth Consulting Team
2.7.2020