Summary: Under the POSH Act, workplaces with ten or more employees must form an Internal Committee (IC) to handle sexual harassment complaints. This committee must be led by a senior-level woman and include at least two employees with legal or social work experience, and one member from a non-governmental organization (NGO). At least half of the members must be women. For the unorganized sector, a Local Committee is constituted by the District Officer, with a similar composition of a female chairperson, members from the local administration, and NGO representatives. Complaints can be filed by the aggrieved woman herself or, with her consent, by a friend, relative, or co-worker. The complaint must be filed within three months of the incident. To protect the complainant’s privacy, the IC is required to maintain confidentiality, treat the person with respect, and avoid judgmental behavior. The Madras and Delhi High Courts have ruled that if there is a potential for bias, a committee must be reconstituted with independent, unbiased members to ensure a fair and impartial inquiry.
Rita: Yes, I can explain you the detail procedure of Committees under the POSH Act, where you can file the complaint.
Employer of every workplace in an organized sector or having 10 or more employees must form an Internal Committee (IC) for handling the complaints of Sexual Harassment. If offices or administrative units of the workplace are located at different places, the IC shall be constituted at all administrative units or offices.
The constitution of the IC:
1.Presiding Officer: woman employed at a senior level at workplace from amongst the employees
2. Two members from amongst employees who are committed to the cause of women or who have had experience in social work or have legal knowledge.
3. One member from non-governmental organizations’.
Provided that at least one-half of the total Members so nominated shall be women.
Nidhi: If Organized sector is managed by IC than what about the complaints of unorganized sector, who will handle that?
Rita: The Complaints of Unorganized Sector is handled by the Local Committee constituted by the District Officer in the district concerned for handling complaints of sexual harassment. Every District Officer shall designate one nodal officer in each & every area to receive complaints and forward the same to the Local Committee.
The Local Committee consists of:
1.Chairperson: An eminent woman in the field of social work and committed to the cause of women.
2. Member: A woman working in taluka or tehsil or ward or municipality in the district.
3. Two Members: Working in a non-governmental organization or association committed to the cause of woman.
4. Ex-officio member: Dealing with the social welfare in the district.
Nidhi: Who can file a complaint and Is there any time limit up to which complaint can be filed?
Rita: The Complaint can be filed by the Aggrieved Women herself or if she is unable to make a complaint on account of her mental or physical incapacity or for any other reasons or on account of death, a complaint may be filed by her Relative/Friend/Co-Worker or any person who has knowledge of the incident with the written consent of the Complainant or her legal heir(s).
The POSH Act lays down specific guidelines about the timeline for filing the sexual harassment cases and specifies that it can be filed within 3 months from the date of the incident and in case of a series of incidents, within a period of 3 months from the date of last incident:
Nidhi: This is very insightful, but what about privacy of Complainant? Wouldn’t she feel ashamed if this comes out in the Public?
Rita: Yes, Keep calm, Internal Complaint Committee has to follow certain protocols, detailed below:
1.Handle the complaint in confidential manner.
2. Ensure the safety for witnesses and supporters of the aggrieved women.
3. Ensure that employees in the organization are aware about the Company’s Policy on Sexual Harassment.
4. Understand the role and responsibilities of IC and procedure to be followed.
5. Treat the aggrieved women with respect and provide required support.
6. Understand the social background and circumstances of the aggrieved women.
7. Prepare and submit the inquiry report within the timelines.
8. Should not guide or suggest the aggrieved woman to make statements.
9. Should not ask in detail about the Sexual harassment Situations.
10. Don’t be aggressive or judgmental.
11. Don’t make jokes.
12. Avoid interference of other persons in the process.
13. Should not interfere in between the conversations.
14. Don’t disclose the information about the aggrieved woman or respondent to anyone.
Nidhi: Rita tell me if the complainant is not satisfied with the constitution of the Committee can she ask for reconstitution of the Committee?
Rita: Yes. A similar situation had arisen in the case of M. Rajendran v. M. Daisyrani & Ors., (2018) 3 MLJ 84 wherein the Madras High Court was dealing with a case where allegations were made against the Dean of a college. The Committee had been constituted by the Dean himself and all members of the Committee, except one external member, were subordinate to the Dean. Under these circumstances, the High Court had constituted an independent Committee to ensure that the Committee is impartial and fair.
This proposition was upheld in the case of Rashi v Union of India. The brief background to this petition is that allegations were made by the Petitioner – a contractual employee against Mr. Kamlesh Kumar Pandey, a secretary level officer who was appointed as the Chairman, Rehabilitation Council of India (hereinafter, “RCI”) and whose substantive post was that of Chief Commissioner for Persons with Disabilities (hereinafter, “Ex- Chairman”). The case of the Petitioner was that her complaint of sexual harassment against the Ex-Chairman was not being considered in accordance with law. The facts of this case show that the Respondent in the complaint i.e., the Ex-Chairman is closely connected with the DEPwD and the Rehabilitation Council of India. Even the possibility that members of the Committee may have worked under the Ex-Chairman and may have been his colleagues would be sufficient to require the constitution of an independent Committee. It is directed that a committee be constituted by the Cabinet Secretariat, consisting of such persons who are independent and unbiased, to enquire into the allegations made by the Petitioner/Complainant. The Committee shall be constituted within four weeks.
Nidhi: Great, so from the above discussion everyone who want protection against this Act can file the complaint without hesitation.
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