What Is the Need for An Internal Complaint Committee in A Firm?
“The meaning and the content of fundamental rights guaranteed in the constitution of India are of sufficient amplitudes to encompass all facets of gender equality.” said late Chief Justice, J.S. Verma, Supreme Court of India.
In 2013, the corporate world received a boost as the PoSH Law came into action.
Sexual harassment is any type of unwanted sexual conduct that is hostile, embarrassing or threatening. Instances of sexual harassment influence individuals and people associated with them in an unexpected way. It breaks their will, mentally and physically.
PoSH External Member
The inclusion of a PoSH external member was made compulsory by the Supreme court in the Vishakha Guidelines. This will keep a check on the functioning of the company and ensure a degree of objectivity.
The ICC includes important members of the company along with a PoSH external member. This person is generally familiar with the issue regarding sexual harassment. He/she can also be a person from non-governmental organizations or dedicated to the cause of women.
Sexual harassment act at the workplace does not define what qualifies a person from being committed to the issue of sexual harassment or cause of women. There is nothing mentioned about any experience or other qualifications which a person needs to have to serve as a PoSH external member in the ICC.
Internal Committee
The IC ensures an environment where effective redressal mechanism regarding sexual assault operates. It shall have a senior women employee as the presiding officer. A workplace that has at least 10 employees needs to have an IC (Internal committee). The percentage of women in the committee should be 50%. This committee is responsible to oversee the implementation of the sexual harassment act at the workplace.
It should constitute a woman who is a member of an NGO or any organization which is dedicated to the cause of women. They collectively need to investigate a complaint. The investigation should be unbiased at all costs.
Final Words
PoSH training gives attractive and detailed content on PoSH Law. The training facilitates a better understanding of the sexual assault and PoSH Act, thereby creating growth of safe workplace culture. It also prompts higher work efficiency due to the safe workplace environment.
Rainmaker can help you explore what's right for your company. It would further help to form an internal complaint committee (ICC). Under the PoSH Act, the ICC and PoSH external member looks after the smooth functioning of a company that is free from all sorts of sexual assault.
