About Credibility of Internal Committee Members
Some Judgements of our Hon’ble High Courts on Malfunctioning of a few Internal Committees raised eyebrows and remains a Cause of Concern. The Judiciary found Glaring Procedural Inadequacies, Loopholes and Gross Errors of Judgement on the part of these I C Members who in a way were reprimanded for Dereliction of Duties.
Most Important Duty of IC Members out of their 24 Duties envisaged under Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal Act 2013 and SHWW (P, P & R) Rules gazetted on 9.12.2013, is ---
To commence, conduct and conclude a Fair, Just and Proper Enquiry into Sexual Harassment Complaints forwarded/referred to it by the Employer of the Respondent;
To ascertain the Facts/Truth in accordance with Principles of Natural Justice and the Procedures prescribed for such Internal Enquiries; and
Submit an Enquiry Report with Definite and Conclusive Findings so that Employer/Punishing Authority can award Proportionate Punishment as per the Service Rules applicable in the Establishment/Institution.
The erring Internal Committees under reference, failed to follow laid down Laws and Procedures and their Faults led to
1. Utter dissatisfaction on the part either of the Aggrieved-Woman-Complainant or the Employee-Respondent,
2. Distruct for IC Members,Loss of Credibility and
3.Above all Very Costly Litigation;
4. Dent on Reputation and Goodwill of the Employer/Management was No Less Painful.
Future Embarrassments & Costly Litigation Can Be & Must Be Avoided by taking Measures including
i) Training IC Members to know about their 24 Legally-bound Duties and by Learning How-To Discharge their Duties Faithfully and Properly without Arbitrariness, Bias, Fear or Favour, Internal or External Pressures, Threats whatsoever; and
ii) Apply Lessons Learnt; and
iii) Updating Oneself thru Refresher Workshops, Judicial Pronouncement time to time; and iii) Reinforcing Learnt Lessons thru IC Review Meets at Regular Intervals.
IC Members Nominated from amongst Employees often fail to perform their Legal Duties and lose Credibility When they Know Not What-to-Do and How-to-Do. In such situations the IC seemingly may exist on-paper and as a result the Aggrieved-Women-Complainant may/will Opt for other Redressal Routes such as Lodging FIR, Civil or Criminal Cases in Courts; Registering SH Complaint On-Line n She-Box.
The Internal Committee is an Independent Legal Entity/Institution vested with the Powers of Civil Courts and its Definite and Conclusive Findings and Recommendations are “Final and Binding”. Hence, IC Members need to be thorough and Well-versed with their 24 Legal Duties upon their Nomination and Earn Trust from all concerned.
-----to be continued in Next Post
Harsh K Sharan, Kritarth Team of Spl Educators PoSH Programs
19.5.2020
From India, Delhi
200Some Judgements of our Hon’ble High Courts on Malfunctioning of a few Internal Committees raised eyebrows and remains a Cause of Concern. The Judiciary found Glaring Procedural Inadequacies, Loopholes and Gross Errors of Judgement on the part of these I C Members who in a way were reprimanded for Dereliction of Duties.
Most Important Duty of IC Members out of their 24 Duties envisaged under Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal Act 2013 and SHWW (P, P & R) Rules gazetted on 9.12.2013, is ---
To commence, conduct and conclude a Fair, Just and Proper Enquiry into Sexual Harassment Complaints forwarded/referred to it by the Employer of the Respondent;
To ascertain the Facts/Truth in accordance with Principles of Natural Justice and the Procedures prescribed for such Internal Enquiries; and
Submit an Enquiry Report with Definite and Conclusive Findings so that Employer/Punishing Authority can award Proportionate Punishment as per the Service Rules applicable in the Establishment/Institution.
The erring Internal Committees under reference, failed to follow laid down Laws and Procedures and their Faults led to
1. Utter dissatisfaction on the part either of the Aggrieved-Woman-Complainant or the Employee-Respondent,
2. Distruct for IC Members,Loss of Credibility and
3.Above all Very Costly Litigation;
4. Dent on Reputation and Goodwill of the Employer/Management was No Less Painful.
Future Embarrassments & Costly Litigation Can Be & Must Be Avoided by taking Measures including
i) Training IC Members to know about their 24 Legally-bound Duties and by Learning How-To Discharge their Duties Faithfully and Properly without Arbitrariness, Bias, Fear or Favour, Internal or External Pressures, Threats whatsoever; and
ii) Apply Lessons Learnt; and
iii) Updating Oneself thru Refresher Workshops, Judicial Pronouncement time to time; and iii) Reinforcing Learnt Lessons thru IC Review Meets at Regular Intervals.
IC Members Nominated from amongst Employees often fail to perform their Legal Duties and lose Credibility When they Know Not What-to-Do and How-to-Do. In such situations the IC seemingly may exist on-paper and as a result the Aggrieved-Women-Complainant may/will Opt for other Redressal Routes such as Lodging FIR, Civil or Criminal Cases in Courts; Registering SH Complaint On-Line n She-Box.
The Internal Committee is an Independent Legal Entity/Institution vested with the Powers of Civil Courts and its Definite and Conclusive Findings and Recommendations are “Final and Binding”. Hence, IC Members need to be thorough and Well-versed with their 24 Legal Duties upon their Nomination and Earn Trust from all concerned.
-----to be continued in Next Post
Harsh K Sharan, Kritarth Team of Spl Educators PoSH Programs
19.5.2020
From India, Delhi
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