Navigating Sexual Harassment Complaints: How Do Internal and Local Committees Differ?

Jurisdictions of Internal Committees vs. Local Committees in Dealing with Sexual Harassment Complaints

The jurisdictions of Internal Committees (ICs) vis-à-vis Local Committees in handling sexual harassment complaints are prescribed by the SHWW (P, P & R) Act 2013. ICs can address all sexual harassment complaints constituting "misconduct" as per the Certified Standing Orders or Codified Service Rules applicable to the employee-respondent of the workplace/establishment for which ICs are constituted. This applies to complaints from the aggrieved woman, whether employed or not, present at the workplace when the alleged act, behavior, or conduct of sexual harassment occurred.

Jurisdiction of Local Committees

Local Committees have jurisdiction over any other sexual harassment complaints against either:

i) A person named as the "employer" with ultimate control over the affairs of the organization, responsible for the management, supervision, and control of a workplace. This includes the person or board or committee responsible for the formulation and administration of policies for such an organization/workplace, or a person discharging contractual obligations with respect to their employees; or

ii) An employee-respondent of a workplace/establishment where no IC exists or was not constituted on the grounds that the workplace had fewer than ten workers.

It is prudent to obey the PoSH laws in letter and spirit.

Understanding the Jurisdictions of Internal Committees and Local Committees in Dealing with Sexual Harassment Complaints

In India, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (SHWW Act) outlines the specific jurisdictions of Internal Committees (ICs) and Local Committees when addressing sexual harassment complaints in the workplace. Here's a breakdown of their respective roles and responsibilities:

1. Internal Committees (ICs):
- ICs are empowered to handle all sexual harassment (SH) complaints categorized as "Misconduct" as per the Certified Standing Orders or Codified Service Rules applicable to the Employee-Respondent of the Workplace/Establishment.
- They have the authority to address complaints from Aggrieved Women, whether employed or not, who were present at the Workplace when the alleged incident of SH occurred.
- ICs are responsible for investigating, conducting inquiries, and taking appropriate action in cases falling within their jurisdiction as per the SHWW Act.

2. Local Committees:
- Local Committees have jurisdiction over SH complaints involving:
- Individuals designated as the "Employer" with ultimate control over the Organization's affairs or responsible for the Workplace's Management, Supervision, and Control.
- Persons or Bodies responsible for Formulating and Administering Policies within the Organization/Workplace.
- Employees who are Respondents in cases where no IC exists or was not constituted due to the Workplace having less than ten workers.
- Local Committees play a crucial role in addressing SH complaints against key individuals or entities within the organizational hierarchy.

It is essential for organizations to adhere to the provisions of the PoSH Laws diligently to ensure a safe and respectful work environment for all employees. By understanding and implementing the delineated jurisdictions of ICs and Local Committees, businesses can effectively address and prevent instances of sexual harassment at the workplace.