The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the “Act”) provides for a person to be appointed as an External Member of the Internal Complaints Committee (IC).An External Member is a member of the IC who is a person appointed from an NGO or associations that are committed to the cause of women or who is a person who is familiar with the issues relating to sexual harassment. An External Member, is the only member of the IC who is not an employee of the organisation. In fact, the Parliamentary objective of providing an NGO member is to keep the IC independent and have an impartial person in position to command respect and compliance from influential management[1]. It is to prevent the possibility of any undue pressure or influence from senior levels.The Act also does not mandate that the External Member has to be a female. The External Member can also be a male, as long as the 50% male female ratio of the IC is met.
The IC has been given quasi -judicial power as that of a civil court to deal with cases when it comes to summoning and enforcing the attendance of any person and examining them on oath; and requiring the production of documents during an Inquiry. Therefore, persons appointed as IC members must be gender neutral, unbiased, and must have a balanced emotional quotient. These qualities also apply to an external member. In addition, the organisation must see if such person has enough experience in dealing with women related issues which can be either from a legal aspect or a social aspect. It is very important that an organisation chooses the right person as the External Member of the IC. It is a vital responsibility imposed on the employer to select an appropriate and efficient person as an External Member, so that the chosen External Member is an added asset to the IC. It is also very important for an organisation to conduct a reasonable due diligence on the person shortlisted to be in the position of an External Member. A person must not be appointed as an External Member if[2],
- they have been convicted of an offence or an inquiry is pending against them, or
- if they are found guilty in disciplinary proceedings or if a disciplinary proceeding is pending against them.
An External member holds a very important role in the IC of an organisation. The role of an external member are as follows:
- To guide and assist the IC in conducting the Inquiry when there is a complaint.
- Provide support in the functioning of the IC and ensure that provisions of law are respected and implemented.
- To, give appropriate advice and guidance to the members of the IC as and when called for and to any employee who has approached him/her; and
- It is also the primary role of the External Member to ensure that the IC acts independently, impartially and in an unbiased manner.
Therefore, we can see that the External Member is without a doubt a person having an important role in the IC. It is a position which holds grave responsibility and must be treated with the enormity it deserves. At
Upceed Consulting Services we do provide assistance in helping your organisation find a diligent and competent External Member for your IC. Do contact us at kavery@upceedconsulting.com if you require our assistance.
[1]Jaya Kodate vs. Rashtrasant Tukdoji Maharaj Nagpur University.
[2]Section 5(c) &(d) of the Act.