I am serving as "Third Party" as our Honble Supreme Court Ruled in 1997 in Vishkha Judgment and ordered all Employer to constitute a Committee towards Redressal of Sexual Harassment Complaint submitted by Aggrieved Woman. And as we know, theSC Judgement is to " be treated as Law passe by the Parrliament per Article 141 of our Constitution.
The aforesaid creation was later incorporated in SHWW ( P,P &R) Act 2013 gazetted & which came into force w.e.f. 9.12 2013 and is applicanble to all Workplace and under Section-4 the 4th Member/Functionary of Every Internal Committee has to necessarily be One No-Employee Outsider ( erstwhile Third Party) who is inter ali, "A Person Fully Familiar with the Issues of Sexual Harassment at Workplace including "Quid Pro Quo".
This IC Member (External) as I would opt to refer to for IC Records ought to be a Stout & StrongCharacter who is Capable to Be & Remain Unbiased, Unprejudiced, Impossible to be Influenced by Any Internal Or External Individual , Never Succumbs to Pressure, Ehtical, and above all Never Jumps to Conclusion Untill the Last Wor has Been Spoken and or Recorded by the IC in IC Records/Documents created during IC Proceedings in the Pressence of the Aggrieved Woman Complainant and the Respondent, both and is Far from Being Arbitrary.
Not casting any aspersion on anyone Serving as IC Member (External) yet the Fact & Reality remains is that this Person must undoubtedly incur Complete Trustworthyness of all Three Parties to any SH Complaint Redressal Namely the Employer, the Aggrieved Woman-Complainant and the Employee-Respondent.
Trust the Mandated Position is clarified and I still desist Recommending any Certifcation Courses since the Manatory Twin Programs for IC Members are More than Sufficient to eduvcate IC Members -present and future- to be able to deftly & diligently Discharge their 24 Legal Duties, properly and faithfully. The Twin Mandatory Programs for IC Members are prescrined under Section-19 namely 1. Orientation Program and 2. Capacity & Skill Building Programs to be Compulsorily Organized by Every Employer at regular Intervals. Eveery IC is Law-bound to include the Data re these Twn Programs in IC 's Annual Report for each Calendar Year.
Experience By Far Is the Best Proof of Competency Acquired in course of time/passage of time.
Harsh Kumar Sharan, XLRI Alumnus
Spl Educator & Serving Member (External)
Kritarth Team,
14 July 20120