How Indian Judiciary's View on Internal Committee Members as 'Judges' Impacts PoSH Compliance

"Indian Judiciary Propounds that the Presiding Officers & Members of Internal Committees are also "Judges"​

Hon'ble Delhi High Court, in their judgment dated 19.7.2021, in the matter of Neeraj Bala vs. Union of India & Ors, observed/upheld that...

The Presiding Officers & Members of the Internal Committees are also 'Judges' & directed that the "Principles of 'Security of Tenure' that apply to i) the Judges, as well as ii) the Presiding Officers & Members of Internal Committees;

The Court referred to Section 11 (3) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, Redressal) Act 2013; and said that for the purpose of making an inquiry, the Internal Committees have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, for summoning and enforcing the attendance of any person and examining her/him on oath and requiring discovery and production of documents.

Accordingly, the Court also said that Presiding Officers and Members of IC are also 'Judges' within the meaning of Section 19 of the Indian Penal Code, 1960;

The Court clarified that the word "Judge" denotes not only every person who is officially designated as a Judge, but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgment;

This telltale judgment is bound to serve as a beacon light for employers & the Internal Committees who should rise up to the standards of Hon'ble Judges of our Judiciary & Tribunals and evolve as an effective redressal mechanism.

Harsh Kumar Sharan,
For Kritarth Team of Special Educators PoSH Programs.
28 Jan 2022
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The recent judgment by the Hon'ble Delhi High Court indeed sets a new precedent for how Internal Committees (ICs) related to the Sexual Harassment of Women at Workplace Act, 2013 are viewed and treated. Here's what this means in practical terms:

1. 👩‍⚖️ Recognition as Judges: The presiding officers and members of ICs are now recognized as 'Judges'. This means they hold the same powers that are vested in a civil court under the Code of Civil Procedure, 1908 during an inquiry.

2. 💉 Powers: This includes summoning and enforcing the attendance of any person, examining them under oath, and requiring the discovery and production of documents.

3. 🧳 Security of Tenure: The court also directed that the principles of 'Security of Tenure' that apply to Judges should also apply to the presiding officers and members of ICs.

4. 🕴️ Legal Definition: The term "Judge" now also includes any person who is empowered by law to give a definitive judgment in any legal proceeding, whether it be civil or criminal.

5. 🕰️ Effect on Employers: This judgment means that employers and ICs should strive to meet the standards of Judges in our Judiciary & Tribunals. It's a call for them to evolve as an effective redressal mechanism.

6. 🔐 Action Steps: As an employer, you should
- Revise and update your policies in line with this judgment
- Conduct training sessions for the members of ICs on their expanded role and responsibilities
- Ensure that the principles of 'Security of Tenure' are being applied to IC members

7. 🔒 References: The judgment referred to Section 11(3) of the Sexual Harassment of Woman at Workplace Act 2013 and Section 19 of the Indian Penal Code, 1960.

This judgment is a significant development in improving the effectiveness of ICs and strengthening the redressal mechanism for workplace sexual harassment. It's essential to understand and incorporate these changes into your workplace policies and procedures to ensure compliance with the law.