Importance of POSH Committee External Member

 

Importance of POSH Committee External Member


Workplace sexual harassment results from power dynamics between the accused and the victim. Power dynamics exist at every level of the organization. The same applies to the PoSH Committee constituted under the PoSH Act, 2013. This committee is the Internal Complaints Committee (ICC) or the Internal Committee (IC). Power dynamics can often creep into case investigations by the ICC. Thus, it requires the nomination of an external member for PoSH.

The external member for PoSH acts as a neutral third party that keeps the bias of the ICC in check. Both the PoSH Act and Rules lay down certain guidelines for the nomination of an external member. Yet, the external member’s duties, roles, and responsibilities remain unclear. But the judiciary has determined the role of the external member for PoSH.

Need for an External Member

The PoSH Committee is a mandatory complaints committee that every employer needs to create in their workplace. An external member for PoSH ensures an informed process and a balanced result. An external member for PoSH serves as a knowledgeable, neutral, and unbiased party to not let the management influence the decisions of the PoSH Committee. As stated earlier, while the Act or the Rules do not dive deeper into the role of the external member, the Supreme Court and other courts in India have commented on their role.

Selection of an External Member 

It requires serious consideration before an outsider is engaged as an ICC member. In the first place, the involving institution must understand what to expect from the ICC's External Member. Among other credentials, it is essential to check their past legal record. Someone who has experience in dealing with questions of sexual harassment should be chosen. The Delhi High Court has opined that the POSH external member appointment of the IC should be in strict compliance with the POSH Act and the rules thereunder. Try to ensure the member has the reputation of acting as neutral and unbiased. An external member on the ICC should have the following qualities to live up to these demands:

·         Knowledge, skills and ability to address sexual harassment issues/complaints in the workplace 

·         Practice and a sound understanding of the legal aspects/implications.

·     Such expertise will enable ICC's smooth functioning in terms of equitable and informed handling of complaints, which would not only be sound and fair but should be perceived in the same way by all stakeholders concerned.

Ineligibility of External Member

A person cannot serve as an external member if he/she has been accused of an offence or awaiting any investigation or found guilty in disciplinary proceedings or is pending disciplinary action against him/her.

External members need to be valued and their importance in the PoSH Committee understood. It is also important that external members do not lose sight of the purpose for which they have been appointed. They cannot fall short of the idea that requires empowering survivors of workplace sexual harassment. Moreover, the PoSH Act needs to be more specific in its eligibility for the appointment of external members to ensure credibility. A mechanism to regulate the functioning of the external member and guides them should also be created.

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