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Empowering IC Members Through Comprehensive Training

The Internal Complaints Committee (IC) plays a pivotal role in addressing sexual harassment in the workplace. As quasi-judicial bodies, ICs possess significant authority to investigate complaints, conduct inquiries, and recommend appropriate actions. To effectively fulfill their responsibilities, IC members must possess a deep understanding of relevant laws, regulations, and procedures.

The Importance of Training for IC Members

As quasi-judicial entities, Internal Complaints Committees (ICs) hold substantial authority to investigate complaints, conduct thorough inquiries, and suggest suitable actions. To execute these duties effectively, IC members need to have a thorough grasp of applicable laws, regulations, and procedures.

Legal Knowledge

IC members need to be well-versed in the provisions of the Sexual Harassment of Women at Workplace Act, 2013 (SHW Act), as well as relevant state laws and regulations. This knowledge is crucial for conducting fair and impartial investigations.

Sensitivity and Empathy

Given the sensitive nature of sexual harassment complaints, IC members must possess empathy and sensitivity towards the complainant. Training can help them develop the necessary skills to create a safe and supportive environment for the complainan

Investigative Techniques

IC members must be trained in effective investigative techniques to gather evidence, interview witnesses, and assess credibility. This ensures that investigations are conducted thoroughly and professionally.

Decision-Making

IC members often need to make complex decisions, such as determining whether a complaint is credible or recommending disciplinary actions. Training can equip them with the tools to make informed and just decisions.

Procedural Understanding

IC members should be familiar with the procedural guidelines outlined in the SHW Act and relevant regulations. This knowledge helps them adhere to due process and avoid procedural errors.

Ethical Conduct

IC members must adhere to the highest ethical standards in their investigations. This includes maintaining confidentiality, avoiding bias, and treating all parties with respect. Training can help IC members develop a strong ethical framework and navigate challenging situations with integrity.

The Role of IC Members: Key Responsibilities and Challenges

To qualify as an external member, an individual should have at least five years of experience in social work and be familiar with issues related to sexual harassment. key responsibilities will include:

Thorough and Impartial Investigation

IC members are legally mandated to conduct comprehensive and unbiased investigations into sexual harassment complaints. This involves gathering evidence, interviewing witnesses, and assessing credibility while adhering to established procedures and legal standards.

Objective Reporting

IC members are responsible for providing accurate and objective reports of their findings to the appropriate authorities, such as the employer and relevant government agencies. These reports must be supported by sufficient evidence and analysis.

Compliance with Legal Requirements

IC members must ensure that their investigations comply with all relevant laws and regulations, including the Sexual Harassment of Women at Workplace Act, 2013 (SHW Act), and any applicable state or local ordinances.

Appropriate Recommendations

Based on the evidence and findings of the investigation, IC members may be required to recommend disciplinary actions or corrective measures to address the sexual harassment. These recommendations must be consistent with the severity of the offense and the employer's policies.

Want to Empower your IC Members with Effective Training?

Industry Case Studies

Consider a scenario where an IC member, due to lack of training, mishandles a complaint. They might inadvertently make comments that could be perceived as victim-blaming or fail to gather crucial evidence. This could lead to a flawed investigation, discouraging the complainant and potentially undermining the credibility of the IC. In such cases, not only is justice compromised, but the organization's reputation is also at risk. This example highlights the importance of thorough and continuous training to ensure that IC members can handle sensitive cases with the required competence and sensitivity.

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1. What is an external member in an IC?

An external member is an independent person from a non-governmental organization (NGO) or legal/judicial background who is appointed to the IC to ensure objectivity and impartiality in handling sexual harassment complaints. They bring expertise and experience in social work to the committee.
2. What are the qualifications required for an external member?

The Act mandates that the external member should have at least five years of experience in social work or related fields and should be familiar with issues concerning sexual harassment. Additionally, it is advisable to include external members with a legal or judicial background to enhance the committee's ability to handle complex cases.
3. What is the role of an external member in an IC?

The external member in the IC plays a critical role in ensuring impartiality and expertise in handling sexual harassment complaints. According to the Sexual Harassment of Women at Workplace Act, 2013, the external member must have experience in social work and familiarity with issues related to sexual harassment. Their primary function is to provide independent advice and ensure that the inquiry process is fair and follows the principles of natural justice.
4. Is it mandatory to have an external member in an IC?

Yes, the Sexual Harassment of Women at Workplace Act, 2013 mandates that every organization with 10 or more employees must constitute an IC with at least one external member.
5. Can an external member be a part of the organization?

No, an external member must be independent and cannot be employed by the organization.
6. What are the legal implications of not having an external member in the IC?

If an IC is formed without an external member, or if the external member is not involved in the inquiry process, the integrity of the proceedings could be questioned. This could lead to challenges in court, particularly if the inquiry is found to violate principles of natural justice, as emphasized in Rashi v. Union of India and Another.
7. Can an external member be a witness in a sexual harassment case?

No, an external member cannot be a witness in a case they are investigating.
8. What are some best practices for selecting an external member?

When selecting an external member, organizations should consider their experience, qualifications, and commitment to fairness and justice. They should also ensure that the external member is independent and has no conflicts of interest.
9. How should the IC handle electronic evidence?

Handling electronic evidence, such as WhatsApp chats or emails, is a significant challenge for the IC. While the strict rules of the Indian Evidence Act, 1872 do not apply to IC proceedings, the committee must ensure that such evidence is authentic and has not been tampered with. The Supreme Court is yet to provide a conclusive pronouncement on the admissibility of electronic evidence in IC inquiries, making it a complex issue for external members to address.
10. How can organizations ensure compliance with the Act regarding the external member?

To ensure compliance, organizations should carefully select qualified external members with the necessary expertise and independence. Regular training and awareness programs should be conducted to keep the IC updated on legal developments and best practices. Additionally, organizations should consider including multiple external members with varied backgrounds to enhance the IC's effectiveness.