Application for Payment of Compensation before Internal Committee - A Case Study
An aggrieved woman-complainant filed an application before an Internal Committee during an ongoing inquiry, seeking compensation of Rupees Twelve Lakhs for acute mental trauma, crippling pain, emotional distress, and mental and physical suffering. She endured perennial emotional distress for a prolonged period of four years due to acts of sexual harassment by her immediate superior, all arising out of and in the course of her employment.
She wrote, "What was inflicted on me by the respondent was not mere physical injury but an undying deep sense of some deathless shame."
She informed the IC members that she also endured the indifference of two top management team members whom she approached a year ago in person in their offices, seeking their "intervention" to stop her sexual harassment. Her written complaints addressed to them were not accepted; instead, she was directed to go to the HR department.
The Internal Committee sought and secured their testimonies under oath over Skype in the presence of the complainant and respondent, on a scheduled date, time, and place. Both witnesses substantiated the complainant's claim.
The complainant claimed that due to the "indifference" of said officials, which was now on the IC's record, her sexual harassment did not stop and continued unchecked for one more year, causing greater grief to her. She described herself as a helpless woman whose fundamental right to live with dignity was breached by the senior officials, for which both need to be penalized as a deterrent and a lesson to others accountable.
Moot Point
Can Internal Committees recommend recovery of some compensation from those two superiors for their failure to "provide protection to the complainant from ongoing sexual harassment and for their callous response to an aggrieved woman's plea for protection from sexual harassment"?
Experts' guidance and views are welcome, which would enhance the knowledge of present and future IC members.
Harsh K Sharan, Spl Educator PoSH Programs, Kritarth Team Consulting All About PoSH 30.6.2020
Location: Delhi, India
sexual harassment, fundamental right, internal committee, top management, Country-India, City-India-Delhi
From India, Delhi
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206An aggrieved woman-complainant filed an application before an Internal Committee during an ongoing inquiry, seeking compensation of Rupees Twelve Lakhs for acute mental trauma, crippling pain, emotional distress, and mental and physical suffering. She endured perennial emotional distress for a prolonged period of four years due to acts of sexual harassment by her immediate superior, all arising out of and in the course of her employment.
She wrote, "What was inflicted on me by the respondent was not mere physical injury but an undying deep sense of some deathless shame."
She informed the IC members that she also endured the indifference of two top management team members whom she approached a year ago in person in their offices, seeking their "intervention" to stop her sexual harassment. Her written complaints addressed to them were not accepted; instead, she was directed to go to the HR department.
The Internal Committee sought and secured their testimonies under oath over Skype in the presence of the complainant and respondent, on a scheduled date, time, and place. Both witnesses substantiated the complainant's claim.
The complainant claimed that due to the "indifference" of said officials, which was now on the IC's record, her sexual harassment did not stop and continued unchecked for one more year, causing greater grief to her. She described herself as a helpless woman whose fundamental right to live with dignity was breached by the senior officials, for which both need to be penalized as a deterrent and a lesson to others accountable.
Moot Point
Can Internal Committees recommend recovery of some compensation from those two superiors for their failure to "provide protection to the complainant from ongoing sexual harassment and for their callous response to an aggrieved woman's plea for protection from sexual harassment"?
Experts' guidance and views are welcome, which would enhance the knowledge of present and future IC members.
Harsh K Sharan, Spl Educator PoSH Programs, Kritarth Team Consulting All About PoSH 30.6.2020
Location: Delhi, India
sexual harassment, fundamental right, internal committee, top management, Country-India, City-India-Delhi
From India, Delhi
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The Internal Committee has the authority to recommend compensation in cases of sexual harassment as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. In this scenario, where the Complainant has suffered severe mental trauma and distress due to acts of sexual harassment by her immediate Superior, and where the indifference of Top Management Team Members exacerbated her situation, the Internal Committee can indeed recommend compensation for the Complainant's damages.
Steps to Consider:
- The Internal Committee should thoroughly review all evidence, including testimonies and records, to assess the impact of the sexual harassment on the Complainant.
- Evaluate the extent of mental trauma, emotional distress, and suffering endured by the Complainant over the four-year period.
- Consider the role of the Top Management Team Members in exacerbating the situation and their failure to provide necessary intervention.
- Recommend a fair and just compensation amount that reflects the damages suffered by the Complainant.
- Document the recommendation and present it to the appropriate authority within the organization for further action.
By recommending compensation in such cases, the Internal Committee plays a crucial role in ensuring justice for the victim and holding accountable those responsible for the harassment and the subsequent distress caused. It also sets a precedent for a zero-tolerance approach towards sexual harassment in the workplace, emphasizing the importance of providing a safe and respectful environment for all employees.
From India, Gurugram
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Steps to Consider:
- The Internal Committee should thoroughly review all evidence, including testimonies and records, to assess the impact of the sexual harassment on the Complainant.
- Evaluate the extent of mental trauma, emotional distress, and suffering endured by the Complainant over the four-year period.
- Consider the role of the Top Management Team Members in exacerbating the situation and their failure to provide necessary intervention.
- Recommend a fair and just compensation amount that reflects the damages suffered by the Complainant.
- Document the recommendation and present it to the appropriate authority within the organization for further action.
By recommending compensation in such cases, the Internal Committee plays a crucial role in ensuring justice for the victim and holding accountable those responsible for the harassment and the subsequent distress caused. It also sets a precedent for a zero-tolerance approach towards sexual harassment in the workplace, emphasizing the importance of providing a safe and respectful environment for all employees.
From India, Gurugram
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