Internal Committees (ICs) are responsible for determining the validity of workplace sexual harassment complaints filed by aggrieved women. These committees are empowered with the authority of civil courts and are mandated to follow the principles of natural justice and prescribed procedures for conducting internal inquiries. The findings and recommendations of ICs are final and binding, and must be conclusive and definite, avoiding arbitrariness or perversity. In cases where the complainant lacks evidence to substantiate their allegations, the law specifies that the inability to provide proof should not result in action against the complainant.
To reach a conclusive decision, ICs must:
1. Proceed with the inquiry if the complainant declines conciliation.
2. Adhere to the twin principles of natural justice with fairness and impartiality.
3. Maintain unbiased and uninfluenced conduct throughout the inquiry process.
4. Ensure findings are not arbitrary, arrogant, or perverse.
5. Remain neutral towards the outcome of the inquiry.
6. Provide a fair opportunity for both the complainant and respondent to present their cases.
7. Summon independent witnesses if necessary.
8. Request the production of relevant documents.
9. Conduct an ex parte inquiry if either party abstains despite notices.
10. Avoid leading questions during cross-examination.
Ensuring the truth is uncovered effectively requires IC members to be adequately trained through mock inquiries, testimony recording, evidence examination, cross-examination, and report writing. Familiarity with the twin principles of natural justice is crucial for fair and just outcomes. ICs should maintain detailed records, including an order sheet to document the sequence of events and a record of testimonies, cross-examinations, evidence, and clarifications, signed by both the complainant and respondent for future reference.