Dear friends.... Can anyone advice on the formation of committees and procedures to handle on women sexual harassment at workplace in tamilnadu seniors please help.... Regards, sekar k
From India, Madras
Acknowledge(0)
Amend(0)
24From India, Madras
Acknowledge(0)Amend(0)
Dear Sekar.K Please find the relevant information in the attachment. Regards v.jagan
From India, Bangalore
Acknowledge(1)
Amend(0)
From India, Bangalore
Acknowledge(1)Amend(0)
Hello Sekar,
To my mind, there is also a need for the employees to go through a 'Gender Sensitization' program. A lot of MNCs run this program as an essential part of work culture. Would be happy to let you know more if you think it's relevant and useful.
Warm Regards, Lt. Col. (Retd) Sumant Khare Nvision Learning and Development Gateway to Experiential Learning Gurgaon, India NVision | Learning and Development M: 9650052490 T: 0124-4206665
From India, New Delhi
Acknowledge(0)Amend(0)
To my mind, there is also a need for the employees to go through a 'Gender Sensitization' program. A lot of MNCs run this program as an essential part of work culture. Would be happy to let you know more if you think it's relevant and useful.
Warm Regards, Lt. Col. (Retd) Sumant Khare Nvision Learning and Development Gateway to Experiential Learning Gurgaon, India NVision | Learning and Development M: 9650052490 T: 0124-4206665
From India, New Delhi
Acknowledge(0)Amend(0)
Hi,This may help you.
Kindly ensure that the this committee is headed by a lady manager preferably above deputy manager level and an NGO member also is a part of the committee and visits organization on case to case basis.
SHC policy example-
It is the endeavour of to ensure a safe, secure and congenial work environment where employees
will deliver their best without any inhibition, threat or fear. In pursuance of this objective, (Org name) has evolved a “Sexual Harassment at the Workplace Policy”.
• An employee if is being sexually harassed directly or indirectly may submit a complaint of the alleged incident to any member of
the Committee in writing with his/her signature within 10 days of occurrence of incident.
• Committee will maintain a register to endorse the complaint received by it and keep the contents confidential, if it is so desired,
except to use the same for discreet investigation. The employee can write to the Committee on a confidential mail ID created
for the purpose (e.g -
).
• The Committee will hold a meeting with the Complainant within five days of the receipt of the complaint, but no later than a
week in any case.
• The Committee shall prepare and hand over the Statement of Allegation to the person against whom complaint is made and give
him / her an opportunity to submit a written explanation if she / he so desires within 7 days of receipt of the same.
• In case the complaint is found to be false, the Complainant shall, if deemed fit, be liable for appropriate disciplinary action by
the Management.
• If the Complainant desires to tender any documents by way of evidence before the Committee, she / he shall supply original copies of such documents. Similarly, if the person against whom complaint is made desires to tender any documents in evidence before the Committee he /she shall supply original copies of such documents. Both shall affix his /her signature on the respective documents to certify these to be original copies.
• The Committee shall provide every reasonable opportunity to the Complainant and to the person against whom
complaint is made, for putting forward and defending their respective case.
• The Committee shall complete the “Enquiry” within three months and communicate its findings and its recommendations for action to the CEO. The CEO will direct appropriate action in accordance with the recommendation proposed by the Committee. This policy is subject to change as per management decisions from time to time.
From India, Delhi
Acknowledge(0)Amend(0)
Kindly ensure that the this committee is headed by a lady manager preferably above deputy manager level and an NGO member also is a part of the committee and visits organization on case to case basis.
SHC policy example-
It is the endeavour of to ensure a safe, secure and congenial work environment where employees
will deliver their best without any inhibition, threat or fear. In pursuance of this objective, (Org name) has evolved a “Sexual Harassment at the Workplace Policy”.
• An employee if is being sexually harassed directly or indirectly may submit a complaint of the alleged incident to any member of
the Committee in writing with his/her signature within 10 days of occurrence of incident.
• Committee will maintain a register to endorse the complaint received by it and keep the contents confidential, if it is so desired,
except to use the same for discreet investigation. The employee can write to the Committee on a confidential mail ID created
for the purpose (e.g -
• The Committee will hold a meeting with the Complainant within five days of the receipt of the complaint, but no later than a
week in any case.
• The Committee shall prepare and hand over the Statement of Allegation to the person against whom complaint is made and give
him / her an opportunity to submit a written explanation if she / he so desires within 7 days of receipt of the same.
• In case the complaint is found to be false, the Complainant shall, if deemed fit, be liable for appropriate disciplinary action by
the Management.
• If the Complainant desires to tender any documents by way of evidence before the Committee, she / he shall supply original copies of such documents. Similarly, if the person against whom complaint is made desires to tender any documents in evidence before the Committee he /she shall supply original copies of such documents. Both shall affix his /her signature on the respective documents to certify these to be original copies.
• The Committee shall provide every reasonable opportunity to the Complainant and to the person against whom
complaint is made, for putting forward and defending their respective case.
• The Committee shall complete the “Enquiry” within three months and communicate its findings and its recommendations for action to the CEO. The CEO will direct appropriate action in accordance with the recommendation proposed by the Committee. This policy is subject to change as per management decisions from time to time.
From India, Delhi
Acknowledge(0)Amend(0)
I have read about many sexual harassment cases and acts on this forum, so I thought to share some information. I have recently heard of a committee named the Shaurya Committee that promotes awareness about the Prevention, Prohibition, and Redressal of Sexual Harassment of Women at the Workplace in India. They help employers take necessary actions to prevent and prohibit sexual harassment within their establishments. In the unfortunate event of any incident, they take necessary redressal actions as mandated by "The Sexual Harassment (Prevention, Prohibition and Redressal) of Women at Workplace 2013 Act." Here is their number: [Phone Number Removed For Privacy Reasons].
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
I am posting below my article which sheds light on the role and nomination of an External Member/NGO Member in an Internal Committee on Sexual Harassment. I would be grateful to all citehr Members if they could provide feedback to update and upgrade my article.
Sexual Harassment Of Women at Workplace (Prevention, Prohibition, Redressal) Act, 2013 - Nomination and Role of Third Party Member in the Internal Complaints Committee:
By: C.M. Lal
Consultant in Service Laws
[Email Removed For Privacy Reasons]
The Internal Complaints Committee (ICC) is mandated to be constituted under Section 4(1) of the SHWW (PPR) Act, 2013. The aims, objectives, and functions of the ICC are defined in the provisions from Section 9 to Section 15 and Section 21 of the Act. Although the Act does not explicitly specify the minimum or maximum number of members to be nominated in the ICC, provisions in Sections 4(2)(a), (b), and (c) indicate that there shall be a minimum of four (4) members in the ICC. The qualifying criteria of these four members and the basis of their nomination are described in the aforementioned Sections 4(2)(a), (b), and (c). The Chairperson/Presiding Officer of the ICC must be a woman employee at a senior level from among the employees at the workplace. Two other members must also be from among the employees of the same workplace who should either be committed to the cause of women, experienced in the field of social work, or have legal knowledge. These three members of the ICC must be nominated from among the women employees. It is most relevant to mention that the spirit of Section 4(2)(b) of the Act is that two members must be nominated from among the employees of the same workplace; it does not state that these two members should be women. Therefore, there is no bar to nominating any male employee in pursuance of Section 4(2)(b) of the Act. However, it should be noted that the qualifying criteria specified in the section must be fulfilled.
Nomination of the fourth member is an important and critical requirement of the Act, which deserves weightage in consideration by the Employer. The Act prescribes in Section 4(2)(c) that "One member from among non-governmental organizations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment." Here, the Act contemplates involving an external member in the ICC with the stipulation that such a member should be from an NGO/Association committed to the cause of women or a person familiar with the issues of sexual harassment. If an employer opts for an NGO member, then the requirement is that such an NGO/Association should be dedicated to the cause of women. It would be most appropriate if the NGO/Association is working on issues related to women in crisis, i.e., victims of molestation, women's exploitation at the workplace, sexual assault, and domestic violence, etc. Although there may be NGOs/Associations engaged in the field of women's empowerment, i.e., upliftment of women through educational, skill development, and financial programs, etc.
Section 4(2)(c) of the Act, as an alternative to the nomination of an NGO member, stipulates that "a person familiar with the issues relating to sexual harassment" can be considered for nomination as an External Member in the ICC. Some employers/organizations think that an advocate can be nominated in the ICC as an External Member. The idea behind such thought may be that an employer considers that an advocate is a legally sound person and can guide the employer on the legal intricacies during the proceedings of inquiry by ICC. It may be that an advocate has good knowledge of pleadings of cases of sexual harassment in courts and may have acquired experience in pleading such cases, but the SHWW (PPR) Act, 2013 does not specifically stipulate in Section 4(2)(c) that an external member may be an advocate. Section 4(2)(c) lays down that it should be "a person familiar with issues relating to sexual harassment." This provision has been explained in Rule 4 of the SHWW (PPR) Rules, 2013, which elaborates the provision of Section 4(2)(c) of the Act. Rule 4 clearly stipulates that "a person familiar with the issues relating to sexual harassment" shall be a person who has expertise on issues relating to sexual harassment and may include:
(a) a social worker with at least five years of experience in the field of social work, which leads to the creation of societal conditions favorable towards the empowerment of women and in particular in addressing workplace sexual harassment;
(b) a person familiar with labor, service, civil, or criminal law.
The above provisions help us to make an order of merit for considering the nomination of an External Member on ICC as follows:
(1) First preference may be given to an NGO committed to the cause of women,
(2) Second preference may be given to a person working for five years in the field of social work for the empowerment of women/addressing workplace sexual harassment,
(3) Third preference may be given to a person having knowledge of labor laws or service law,
(4) Fourth preference may be given to a person familiar with civil or criminal law.
Thus, we see that the law does not specifically mention the nomination of an advocate on ICC. However, it stipulates that a person familiar with civil or criminal law can be considered for nomination as an External Member. There is no specific denial of the nomination of an advocate on ICC, as Rule 4(b) of the SHWW (PPR) Rules, 2013 elaborates on the nomination of a person familiar with civil or criminal law as a last option. Therefore, it may be advisable in the interest of fair and transparent administration of justice that an External Member may be nominated according to Rule 4 of the SHWW (PPR) Rules, 2013, which provides an order of merit for the nomination of a third-party member as discussed above.
In addition to the above facts, a reference to guidelines and norms prescribed by the Hon'ble Supreme Court of India in the case of Vishaka & Others vs. State of Rajasthan & Others (AIR 1977 SC 3011) shows, with reference to the constitution of Complaints Committee, that "Further, to prevent the possibility of any undue pressure or influence from senior level, such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment." Here we find that the historical judgment forming the basis of legislation of SHWW (PPR) Act, 2013, also envisaged the issues relating to the constitution of ICC and involvement of a third-party member on the Committee. The Hon'ble Supreme Court has clearly prescribed that a third party (i.e., an external member) should be either from an NGO or from another body. Here also, the Hon'ble Supreme Court has given preference to a member of an NGO or another body rather than an advocate.
Having discussed the spirit of the judgment of Vishaka guidelines, it is clear that the nomination of a third-party member is an important factor in the constitution of an ICC as enshrined in SHWW (PPR) Act, 2013. The External Member has to be nominated from the initial stage of the constitution of an ICC. In some cases, it was seen that the name of the External Member was not notified in the order at the stage of the constitution of ICC, but it was left open to the ICC to adopt any member as and when required by it. It is emphasized that such an order is not in accordance with the provisions of the Act, and it would make the order invalid. The law has conferred the powers of nomination of members on the Employer, and not to anyone else. This gives a prudent conclusion that statutory powers conferred upon an employer cannot be delegated to any other Committee or to an officer of the employer. Therefore, it is an important factor to be borne in mind that all the members of the ICC, including the Chairperson and the External Member, have to be nominated by the employer at the time of issuing the order.
The role of the third-party External Member has also been provided in the Act as it mandates in Section 4(2)(c). Although the Act does not elaborate on the responsibilities of an External Member, the preamble to the Act refers to the case of Vishaka vs. State of Rajasthan, which defines the role of such an External Member. The Hon'ble Supreme Court of India in the Vishaka case decided the guidelines to serve as law under Article 32 of the Constitution and enshrined the provision of a third party "To prevent the possibility of any undue pressure or influence from senior levels." It is thus evident that an External Member has to guard against the exercise of any undue pressure or influence during inquiry and in the inquiry report as well. He also has to guard against undue pressure/influence that may be exercised from a committee member or the Presiding Officer/Chairperson herself. It is further needless to mention that an External Member also has to see that proceedings of inquiry are conducted in accordance with the procedure prescribed in the service rules applicable to the respondent/accused employee.
It is thus evident that the law has cast greater responsibility both upon the employer and upon the External Member for the fair implementation of the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. An employer has to exercise careful discretion in the choice of nomination of an External Member, and the External Member has to fairly comply with the onus imposed upon her/him by the Act in the light of the milestone judgment in the Vishaka case handed over by the Hon'ble Supreme Court of India.
From India, New Delhi
Acknowledge(0)Amend(0)
Sexual Harassment Of Women at Workplace (Prevention, Prohibition, Redressal) Act, 2013 - Nomination and Role of Third Party Member in the Internal Complaints Committee:
By: C.M. Lal
Consultant in Service Laws
[Email Removed For Privacy Reasons]
The Internal Complaints Committee (ICC) is mandated to be constituted under Section 4(1) of the SHWW (PPR) Act, 2013. The aims, objectives, and functions of the ICC are defined in the provisions from Section 9 to Section 15 and Section 21 of the Act. Although the Act does not explicitly specify the minimum or maximum number of members to be nominated in the ICC, provisions in Sections 4(2)(a), (b), and (c) indicate that there shall be a minimum of four (4) members in the ICC. The qualifying criteria of these four members and the basis of their nomination are described in the aforementioned Sections 4(2)(a), (b), and (c). The Chairperson/Presiding Officer of the ICC must be a woman employee at a senior level from among the employees at the workplace. Two other members must also be from among the employees of the same workplace who should either be committed to the cause of women, experienced in the field of social work, or have legal knowledge. These three members of the ICC must be nominated from among the women employees. It is most relevant to mention that the spirit of Section 4(2)(b) of the Act is that two members must be nominated from among the employees of the same workplace; it does not state that these two members should be women. Therefore, there is no bar to nominating any male employee in pursuance of Section 4(2)(b) of the Act. However, it should be noted that the qualifying criteria specified in the section must be fulfilled.
Nomination of the fourth member is an important and critical requirement of the Act, which deserves weightage in consideration by the Employer. The Act prescribes in Section 4(2)(c) that "One member from among non-governmental organizations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment." Here, the Act contemplates involving an external member in the ICC with the stipulation that such a member should be from an NGO/Association committed to the cause of women or a person familiar with the issues of sexual harassment. If an employer opts for an NGO member, then the requirement is that such an NGO/Association should be dedicated to the cause of women. It would be most appropriate if the NGO/Association is working on issues related to women in crisis, i.e., victims of molestation, women's exploitation at the workplace, sexual assault, and domestic violence, etc. Although there may be NGOs/Associations engaged in the field of women's empowerment, i.e., upliftment of women through educational, skill development, and financial programs, etc.
Section 4(2)(c) of the Act, as an alternative to the nomination of an NGO member, stipulates that "a person familiar with the issues relating to sexual harassment" can be considered for nomination as an External Member in the ICC. Some employers/organizations think that an advocate can be nominated in the ICC as an External Member. The idea behind such thought may be that an employer considers that an advocate is a legally sound person and can guide the employer on the legal intricacies during the proceedings of inquiry by ICC. It may be that an advocate has good knowledge of pleadings of cases of sexual harassment in courts and may have acquired experience in pleading such cases, but the SHWW (PPR) Act, 2013 does not specifically stipulate in Section 4(2)(c) that an external member may be an advocate. Section 4(2)(c) lays down that it should be "a person familiar with issues relating to sexual harassment." This provision has been explained in Rule 4 of the SHWW (PPR) Rules, 2013, which elaborates the provision of Section 4(2)(c) of the Act. Rule 4 clearly stipulates that "a person familiar with the issues relating to sexual harassment" shall be a person who has expertise on issues relating to sexual harassment and may include:
(a) a social worker with at least five years of experience in the field of social work, which leads to the creation of societal conditions favorable towards the empowerment of women and in particular in addressing workplace sexual harassment;
(b) a person familiar with labor, service, civil, or criminal law.
The above provisions help us to make an order of merit for considering the nomination of an External Member on ICC as follows:
(1) First preference may be given to an NGO committed to the cause of women,
(2) Second preference may be given to a person working for five years in the field of social work for the empowerment of women/addressing workplace sexual harassment,
(3) Third preference may be given to a person having knowledge of labor laws or service law,
(4) Fourth preference may be given to a person familiar with civil or criminal law.
Thus, we see that the law does not specifically mention the nomination of an advocate on ICC. However, it stipulates that a person familiar with civil or criminal law can be considered for nomination as an External Member. There is no specific denial of the nomination of an advocate on ICC, as Rule 4(b) of the SHWW (PPR) Rules, 2013 elaborates on the nomination of a person familiar with civil or criminal law as a last option. Therefore, it may be advisable in the interest of fair and transparent administration of justice that an External Member may be nominated according to Rule 4 of the SHWW (PPR) Rules, 2013, which provides an order of merit for the nomination of a third-party member as discussed above.
In addition to the above facts, a reference to guidelines and norms prescribed by the Hon'ble Supreme Court of India in the case of Vishaka & Others vs. State of Rajasthan & Others (AIR 1977 SC 3011) shows, with reference to the constitution of Complaints Committee, that "Further, to prevent the possibility of any undue pressure or influence from senior level, such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment." Here we find that the historical judgment forming the basis of legislation of SHWW (PPR) Act, 2013, also envisaged the issues relating to the constitution of ICC and involvement of a third-party member on the Committee. The Hon'ble Supreme Court has clearly prescribed that a third party (i.e., an external member) should be either from an NGO or from another body. Here also, the Hon'ble Supreme Court has given preference to a member of an NGO or another body rather than an advocate.
Having discussed the spirit of the judgment of Vishaka guidelines, it is clear that the nomination of a third-party member is an important factor in the constitution of an ICC as enshrined in SHWW (PPR) Act, 2013. The External Member has to be nominated from the initial stage of the constitution of an ICC. In some cases, it was seen that the name of the External Member was not notified in the order at the stage of the constitution of ICC, but it was left open to the ICC to adopt any member as and when required by it. It is emphasized that such an order is not in accordance with the provisions of the Act, and it would make the order invalid. The law has conferred the powers of nomination of members on the Employer, and not to anyone else. This gives a prudent conclusion that statutory powers conferred upon an employer cannot be delegated to any other Committee or to an officer of the employer. Therefore, it is an important factor to be borne in mind that all the members of the ICC, including the Chairperson and the External Member, have to be nominated by the employer at the time of issuing the order.
The role of the third-party External Member has also been provided in the Act as it mandates in Section 4(2)(c). Although the Act does not elaborate on the responsibilities of an External Member, the preamble to the Act refers to the case of Vishaka vs. State of Rajasthan, which defines the role of such an External Member. The Hon'ble Supreme Court of India in the Vishaka case decided the guidelines to serve as law under Article 32 of the Constitution and enshrined the provision of a third party "To prevent the possibility of any undue pressure or influence from senior levels." It is thus evident that an External Member has to guard against the exercise of any undue pressure or influence during inquiry and in the inquiry report as well. He also has to guard against undue pressure/influence that may be exercised from a committee member or the Presiding Officer/Chairperson herself. It is further needless to mention that an External Member also has to see that proceedings of inquiry are conducted in accordance with the procedure prescribed in the service rules applicable to the respondent/accused employee.
It is thus evident that the law has cast greater responsibility both upon the employer and upon the External Member for the fair implementation of the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. An employer has to exercise careful discretion in the choice of nomination of an External Member, and the External Member has to fairly comply with the onus imposed upon her/him by the Act in the light of the milestone judgment in the Vishaka case handed over by the Hon'ble Supreme Court of India.
From India, New Delhi
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Sexual Harassment Policy.doc