Is it "Fair," "Just," and "Proper" to nominate a legally-trained person as an Internal Committee Member? - Point to Ponder.
From India, Delhi
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206From India, Delhi
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The query raises a critical question regarding the nomination of a legally trained person as a member of the Internal Committee (IC) constituted under Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. Here are some practical insights to consider in this context:
Legal Provisions and Scope of the IC:
- Section 4 of the SHWW Act 2013 mandates the formation of an IC by every employer to address workplace sexual harassment.
- The Act specifies the composition of the IC, including members from NGOs or individuals familiar with issues related to sexual harassment.
Role of Legally Trained Members:
- While the Act does not explicitly mention the inclusion of legally trained individuals on the IC, their expertise can be valuable in interpreting and applying legal principles in cases of sexual harassment.
- Legally trained members can contribute to ensuring fair and just proceedings, adhering to legal requirements, and upholding the principles of natural justice.
Considerations for Nomination:
- Employers may nominate legally trained persons to the IC to enhance the committee's legal understanding and decision-making.
- However, it is crucial to maintain a balanced representation on the IC to avoid perceptions of bias or unfairness towards the complainant or respondent.
Principles of Natural Justice:
- Rule 7(6) of the Act prohibits parties from bringing legal practitioners to represent them during IC proceedings. This rule aims to maintain fairness and equality in the hearing process.
- While the presence of legally trained members can offer expertise, ensuring equal representation and opportunities for both parties is essential for a just outcome.
Recommendation:
- To address concerns of imbalance, consider nominating legally trained members as advisors or resource persons to the IC rather than as full-fledged members.
- Encourage dialogue and transparency within the IC to ensure all perspectives are considered and procedural fairness is maintained.
In conclusion, while the inclusion of legally trained members on the IC can add value, careful consideration should be given to maintaining fairness, impartiality, and compliance with legal provisions to uphold the integrity of the inquiry process.
From India, Gurugram
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Legal Provisions and Scope of the IC:
- Section 4 of the SHWW Act 2013 mandates the formation of an IC by every employer to address workplace sexual harassment.
- The Act specifies the composition of the IC, including members from NGOs or individuals familiar with issues related to sexual harassment.
Role of Legally Trained Members:
- While the Act does not explicitly mention the inclusion of legally trained individuals on the IC, their expertise can be valuable in interpreting and applying legal principles in cases of sexual harassment.
- Legally trained members can contribute to ensuring fair and just proceedings, adhering to legal requirements, and upholding the principles of natural justice.
Considerations for Nomination:
- Employers may nominate legally trained persons to the IC to enhance the committee's legal understanding and decision-making.
- However, it is crucial to maintain a balanced representation on the IC to avoid perceptions of bias or unfairness towards the complainant or respondent.
Principles of Natural Justice:
- Rule 7(6) of the Act prohibits parties from bringing legal practitioners to represent them during IC proceedings. This rule aims to maintain fairness and equality in the hearing process.
- While the presence of legally trained members can offer expertise, ensuring equal representation and opportunities for both parties is essential for a just outcome.
Recommendation:
- To address concerns of imbalance, consider nominating legally trained members as advisors or resource persons to the IC rather than as full-fledged members.
- Encourage dialogue and transparency within the IC to ensure all perspectives are considered and procedural fairness is maintained.
In conclusion, while the inclusion of legally trained members on the IC can add value, careful consideration should be given to maintaining fairness, impartiality, and compliance with legal provisions to uphold the integrity of the inquiry process.
From India, Gurugram
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