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PoSH External Member

External member(s) play a crucial role in ensuring the integrity and effectiveness of Internal Complaints Committees (ICs) established to prevent sexual harassment in the workplace. As independent individuals from non-governmental organizations (NGOs) or legal/judicial background, external members bring a unique perspective and expertise to the committee, helping to ensure that investigations are conducted fairly, impartially, and in accordance with legal requirements.

Empowering IC Members: Training and Ongoing Support

As external members, we believe in the importance of equipping IC members with the necessary knowledge and skills to effectively fulfill their roles. We deliver comprehensive training programs tailored to the needs of IC members, covering the following areas:

Legal Frameworks

Understanding the Sexual Harassment of Women at Workplace Act, 2013, related regulations, and the rights and responsibilities of all parties involved in a complaint.

Mentorship

Offering guidance and support from experienced external members who can share their insights and experiences.

Investigative Techniques

Learning effective methodologies for conducting thorough and impartial investigations, including gathering evidence, interviewing witnesses, and documenting findings.

Industry Updates

Providing access to relevant materials, guidelines, and best practices for conducting IC investigations.

Counseling Skills

Developing empathy and communication skills to support and guide individuals who have experienced sexual harassment, ensuring they feel heard, understood, and supported throughout the process.

Collaborative Approach

Working together with IC members to address challenges and find effective solutions.

Essential Qualifications and Critical Responsibilities of External Members

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:

Providing guidance to the IC

Offering advice and support to the IC members to ensure that the investigation process is conducted effectively and in compliance with relevant laws and regulations.

Maintaining confidentiality

Protecting the privacy and confidentiality of all parties involved in the complaint.

Ensuring adherence to principles of natural justice

Ensuring that all parties involved in the complaint are treated fairly and have an opportunity to be heard.

Conducting impartial investigations

Investigating sexual harassment complaints objectively and fairly, without bias or prejudice.

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Industry Case Studies

In a manufacturing plant, a male employee faced a false accusation of sexual harassment from a female coworker, which severely impacted his reputation. Through a thorough investigation, we uncovered that the accusation was baseless. We then worked with the IC to clear his name and take appropriate action against the accuser. This case highlighted the importance of impartial investigations and the need to protect the rights of all parties involved, especially in cases of consensual interactions.

In a small retail company, two female employees reported sexual harassment by another female colleague. Their hesitancy to come forward was addressed through our gender-neutral approach, which treated their complaints with the seriousness and sensitivity they deserved. By investigating the claims objectively and providing ongoing support, we ensured the victims' rights were protected and connected them with counseling services. This approach helped to create a safe and inclusive environment, empowering the victims to pursue justice.

In a large multinational corporation, we identified a systemic issue within the HR department where the lack of clear policies for reporting and addressing sexual harassment led to a culture of fear. By working closely with the Internal Complaints Committee (IC), we developed and implemented a comprehensive sexual harassment prevention policy, which resulted in a significant increase in reporting and a more supportive environment for employees.

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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.