---Role of IC Member (External) on Internal Committees---.
In 1997, the Role of the IC Member (External) was conceived, envisaged and outlined by our Supreme Court in their historic Vishakha Case Judgement. The Member (External) involved in IC constitution and Functioning was to be a “Third Party” to prevent the possibility of any undue pressure or influence from Senior Levels. The IC Member (External), necessarily therefore had to be Independent Non-Employee-Outsider. The Role, thus was cut & dried.
In 2013, the Role of the IC Member (External) was reinforced in SHWW (P, P &R) Act, passed by our Parliament, that the Member (External) should be an Independent Non-Employee-Outsider, from amongst NGOs or Associations committed to the Cause of Women or Person familiar with issues relating to Sexual Harassment of Woman at Workplace.
The IC Member (External) on Internal Committees has to be conclusively and definitely an Individual possessing some of the following Characteristics, Competence, Qualities and Values:-
1. A Veteran who is Fully-Familiar with issues relating to Sexual Harassment of Woman at Workplace such as i) quid pro quo, ii) Meaning, Nature and Varieties of Unwelcome Acts or Behaviour, whether directly or by implication, namely Physical Contact and Advances or a Demand or Request for Sexual Favours or Making Sexually Coloured Remarks or Showing Pornography or Any other Unwelcome Physical, Verbal or Non-Verbal Conduct of Sexual Nature;
2. A Domain Expert on Every Expression, Term or Word written in the Preamble of SHWW (P, P &R) Act 2013 and the SHWW (P, P &R) Rules gazetted on 9.12.2012
3. A Sensitive & Sensible Citizen who knows-for-sure How Sexual Harassment is Violation of Fundamental Rights of Women guaranteed by Bharatiya Samvidhan;
4. A Master-Practitioner of the Twin Principles of Natural Justice;
5. Highly Alert, Attentive, Ethical, Fair, Full of Integrity, Independent of Assumptions, Biases, Favoritism, Internal or External Influence or Pressure, Judicious, Prudent, Self-Confident & Scrupulous & Virtuous;
6. Actively Assists IC Presiding Officer & Members in discharging their Legal Duties, Responsibilities & Role;
7. Checkmates the IC Presiding Officer & Members from committing or indulging in Dereliction of Duties which may result in their Removal and Prosecution;
8. A Veteran who Listens and Responds with Empathy to Aggrieved Woman Complainant as well as to the Employee-Respondent;
9. A Veteran who Enhances & Maintains Self-Esteem in IC Proceedings;
10. A Stalwart who Specializes in and therefore actively assists the IC Presiding Officer and other Employee-Members in a) Inquiry Procedures, b) Recording Testimonies under-Oath, c) Conducting Cross-Examination without allowing Leading Questions, d) Writing Inquiry Reports with conclusive & definite Findings, e) Holding Conciliation Proceedings at the behest of the Aggrieved Woman-Complainant, f) Determining Compensation claimed by the Complainant and inter alia g) Actively Participating in Preparing and Filing the Mandatory IC Annual Report for every Calendar Year (Section 21 & 22).
In short, the Member (External) of Internal Committee is a Hard-Core Professional who acts as the Beacon Light for the Employee-Presiding Officer and the Employee-Members of each Internal Committee, Nominated by Every Employer of a Workplace by an Order in Writing for Each Workplace in Organized Sector with Ten and more Workers.
The Most Effective Member (External) of Internal Committee will leave No Stone Unturned to assist, Guide and Help the IC Presiding Officer and Employee-Members “Learn to Discharge their Duties Right, First Time, Every Time” so that all involved “Know” that the IC has done Justice and None was deprived of or denied reasonable opportunity to present their sides.
I request all Cite HR Member-Readers to kindly offer their Valuable Advice, Comment and Suggestions to improve our, Kritarth Team’s Knowledge.,
Harsh K Sharan,
XLRI Alumnus, Spl Educators PoSH Programs
Serving Member (External) Internal Committees PAN India.
15.6.2020
From India, Delhi
200In 1997, the Role of the IC Member (External) was conceived, envisaged and outlined by our Supreme Court in their historic Vishakha Case Judgement. The Member (External) involved in IC constitution and Functioning was to be a “Third Party” to prevent the possibility of any undue pressure or influence from Senior Levels. The IC Member (External), necessarily therefore had to be Independent Non-Employee-Outsider. The Role, thus was cut & dried.
In 2013, the Role of the IC Member (External) was reinforced in SHWW (P, P &R) Act, passed by our Parliament, that the Member (External) should be an Independent Non-Employee-Outsider, from amongst NGOs or Associations committed to the Cause of Women or Person familiar with issues relating to Sexual Harassment of Woman at Workplace.
The IC Member (External) on Internal Committees has to be conclusively and definitely an Individual possessing some of the following Characteristics, Competence, Qualities and Values:-
1. A Veteran who is Fully-Familiar with issues relating to Sexual Harassment of Woman at Workplace such as i) quid pro quo, ii) Meaning, Nature and Varieties of Unwelcome Acts or Behaviour, whether directly or by implication, namely Physical Contact and Advances or a Demand or Request for Sexual Favours or Making Sexually Coloured Remarks or Showing Pornography or Any other Unwelcome Physical, Verbal or Non-Verbal Conduct of Sexual Nature;
2. A Domain Expert on Every Expression, Term or Word written in the Preamble of SHWW (P, P &R) Act 2013 and the SHWW (P, P &R) Rules gazetted on 9.12.2012
3. A Sensitive & Sensible Citizen who knows-for-sure How Sexual Harassment is Violation of Fundamental Rights of Women guaranteed by Bharatiya Samvidhan;
4. A Master-Practitioner of the Twin Principles of Natural Justice;
5. Highly Alert, Attentive, Ethical, Fair, Full of Integrity, Independent of Assumptions, Biases, Favoritism, Internal or External Influence or Pressure, Judicious, Prudent, Self-Confident & Scrupulous & Virtuous;
6. Actively Assists IC Presiding Officer & Members in discharging their Legal Duties, Responsibilities & Role;
7. Checkmates the IC Presiding Officer & Members from committing or indulging in Dereliction of Duties which may result in their Removal and Prosecution;
8. A Veteran who Listens and Responds with Empathy to Aggrieved Woman Complainant as well as to the Employee-Respondent;
9. A Veteran who Enhances & Maintains Self-Esteem in IC Proceedings;
10. A Stalwart who Specializes in and therefore actively assists the IC Presiding Officer and other Employee-Members in a) Inquiry Procedures, b) Recording Testimonies under-Oath, c) Conducting Cross-Examination without allowing Leading Questions, d) Writing Inquiry Reports with conclusive & definite Findings, e) Holding Conciliation Proceedings at the behest of the Aggrieved Woman-Complainant, f) Determining Compensation claimed by the Complainant and inter alia g) Actively Participating in Preparing and Filing the Mandatory IC Annual Report for every Calendar Year (Section 21 & 22).
In short, the Member (External) of Internal Committee is a Hard-Core Professional who acts as the Beacon Light for the Employee-Presiding Officer and the Employee-Members of each Internal Committee, Nominated by Every Employer of a Workplace by an Order in Writing for Each Workplace in Organized Sector with Ten and more Workers.
The Most Effective Member (External) of Internal Committee will leave No Stone Unturned to assist, Guide and Help the IC Presiding Officer and Employee-Members “Learn to Discharge their Duties Right, First Time, Every Time” so that all involved “Know” that the IC has done Justice and None was deprived of or denied reasonable opportunity to present their sides.
I request all Cite HR Member-Readers to kindly offer their Valuable Advice, Comment and Suggestions to improve our, Kritarth Team’s Knowledge.,
Harsh K Sharan,
XLRI Alumnus, Spl Educators PoSH Programs
Serving Member (External) Internal Committees PAN India.
15.6.2020
From India, Delhi
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