Evolve As Master of Inquiry into Sexual Harassment Complaint as Effective Member of Internal Committee
The Members of Internal Committee have to be Effective, indeed Master of Inquiry Procedures, because they have the Legal Duty and Responsibility to Conduct Fair, Proper, and Just Inquiry into the Sexual Harassment Complaints, addressed to them and or forwarded to them by the Employers (Section - 9,11,12 & 13 of the SHWW (P, P &R) Act 2013.
These Inquiries must be conducted by Internal Committee in accordance with the Provisions of Service Rules / StandingOrders applicable to the Respondent. (Section-9) and where no such Service Rules exist, in such manner as may be prescribed by the Govt Authorities and
forward the Complaint to the Police, within a period of seven days for registering the case under Section 509 of the Indian Penal Code and or any other relevant Provisions of the said IP Code, applicable.(Section-11).
Is it not proper and necessary, then, that Every Employer of the Workplace/ Establishment frame or Codify their Own Service Rules applicable to their Employee & Others in their Establishments ( Commercial or Industrial etc).
It is on record that few Employers still do not have or have Not so far Framed the Service Rules in/for their Establishments thereby Violating the Laws governing them.
The Codified Service Rules includes, inter alia,
clear-cut Directions/Guidelines about How to Initiate Disciplinary Action for any Acts of Misconduct (Sexual Harassment is treated as Misconduct and this must categorically be incorporated in the service Rules of Every Employer/Establishment as per Section-19 (i);
Clear cut Procedures for Conducting Inquiry into acts of Misconduct in accordance with the Principles of Natural Justice as well as the procedues laid down by Case Laws (Judicial Guidelines)
How many Employers so far complied with Section -19 of SHWW (P,P & R) Act 2013. By Not Complying with the Provisions,such Employers
run the Grave Risk of Penalties for disobeying the said Act.
The laid down Inquiry Procedures are Simple, Easy to Follow,Impartial, Unbiased and when adhred to are Not Questioned by Judiciary.
Since the said Actof 2013 empowered the Internal Committee with the same Powers as are vested in a Civil Court when Inquiring into S H Complaints in respect of (a) Summoning and Enforcing the Attendance of Any Person and Examining him/her on oath; and
(b) requiring the Discovery and Production of Documents, the Internal Committee Members Must exercise / use their Discretion thoughtfully (Section -11,3).
In such a definte scenario,it is Expedient / essentail that all Members of any Internal Committee, constituted under Section-4,
thorughly Learn the Finer Points relating to Inquiry Procedures. Recent Judgements of High Courts indicted the concerned Inetranl Committees for Not Following the laid Down Procedures especially the Priciples of NaturalJustice, and had to Order Re-Inquiries, afresh
This could have been avoided if the Employers (Decison-Makers) had applied their Mindandobeyed the Law.
Clarifications are Welcom.
Sharan, XLRI Alumnus,
Special Eduactor PoSH Programs,
Transformatix Performance Solutions,
5th October 2017
From India, Delhi
200The Members of Internal Committee have to be Effective, indeed Master of Inquiry Procedures, because they have the Legal Duty and Responsibility to Conduct Fair, Proper, and Just Inquiry into the Sexual Harassment Complaints, addressed to them and or forwarded to them by the Employers (Section - 9,11,12 & 13 of the SHWW (P, P &R) Act 2013.
These Inquiries must be conducted by Internal Committee in accordance with the Provisions of Service Rules / StandingOrders applicable to the Respondent. (Section-9) and where no such Service Rules exist, in such manner as may be prescribed by the Govt Authorities and
forward the Complaint to the Police, within a period of seven days for registering the case under Section 509 of the Indian Penal Code and or any other relevant Provisions of the said IP Code, applicable.(Section-11).
Is it not proper and necessary, then, that Every Employer of the Workplace/ Establishment frame or Codify their Own Service Rules applicable to their Employee & Others in their Establishments ( Commercial or Industrial etc).
It is on record that few Employers still do not have or have Not so far Framed the Service Rules in/for their Establishments thereby Violating the Laws governing them.
The Codified Service Rules includes, inter alia,
clear-cut Directions/Guidelines about How to Initiate Disciplinary Action for any Acts of Misconduct (Sexual Harassment is treated as Misconduct and this must categorically be incorporated in the service Rules of Every Employer/Establishment as per Section-19 (i);
Clear cut Procedures for Conducting Inquiry into acts of Misconduct in accordance with the Principles of Natural Justice as well as the procedues laid down by Case Laws (Judicial Guidelines)
How many Employers so far complied with Section -19 of SHWW (P,P & R) Act 2013. By Not Complying with the Provisions,such Employers
run the Grave Risk of Penalties for disobeying the said Act.
The laid down Inquiry Procedures are Simple, Easy to Follow,Impartial, Unbiased and when adhred to are Not Questioned by Judiciary.
Since the said Actof 2013 empowered the Internal Committee with the same Powers as are vested in a Civil Court when Inquiring into S H Complaints in respect of (a) Summoning and Enforcing the Attendance of Any Person and Examining him/her on oath; and
(b) requiring the Discovery and Production of Documents, the Internal Committee Members Must exercise / use their Discretion thoughtfully (Section -11,3).
In such a definte scenario,it is Expedient / essentail that all Members of any Internal Committee, constituted under Section-4,
thorughly Learn the Finer Points relating to Inquiry Procedures. Recent Judgements of High Courts indicted the concerned Inetranl Committees for Not Following the laid Down Procedures especially the Priciples of NaturalJustice, and had to Order Re-Inquiries, afresh
This could have been avoided if the Employers (Decison-Makers) had applied their Mindandobeyed the Law.
Clarifications are Welcom.
Sharan, XLRI Alumnus,
Special Eduactor PoSH Programs,
Transformatix Performance Solutions,
5th October 2017
From India, Delhi
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