The Sexual Harassment of Women at Workplace Act, 2013 (Prevention, Prohibition and Redressal) is India’s first codified legislation and categorically deals with all aspects of sexual harassment of women at the workplace.

POSH Compliance Is Mandatory

All Companies, firms, businesses, institutions i.e. any workplace in India, having more than 10 workers, has to be POSH Compliant or face serious consequences under the law.

What Is IC Committee’s Role?

The Constitution of the Internal Complaints Committee (ICC), later amended as Internal Committee (IC), is the most crucial part in the implementation of the POSH Act at any workplace.

The ICC is required to

a) prevent instances of sexual harassment
b) receive complaints of sexual harassment, and
c) effectively deal with such acts.

The Composition Of ICC

The Internal Complaints Committee must comprise of:
1) Presiding Officer
2) Internal Members
3) External Member

It is mandatory that at least one-half of the total members nominated to the ICC must be women.

Who Is Known As ‘External Member’?

An external member mandated under the POSH Act is someone who does not belong to the organization, has to be empanelled in the ICC.

The purpose of including a non-employee in the IC is that such an outsider will act as a neutral, impartial and expert member of the ICC and to rule out any bias or prejudice against any party.

Who Is Known As ‘External Member’?

The Act lays down the eligibility criteria for an external member thus:

The member must be from an NGO or a social organisation that is committed to the cause of women and someone who has experience in dealing with cases related to sexual harassment.

OR

The external member can be a person with a legal background having knowledge and expertise in the matters of sexual harassment of women.

Who Is Known As ‘External Member’?

Looking at the latest trends most of the entities look for a woman who:
a)  Is a legal expert, well-versed in POSH law.
b) Possesses knowledge, skills, and ability to address sexual harassment issues and complaints effectively.
c) Has a sound understanding of the legal aspects and implications of sexual harassment.

Who Is Known As ‘External Member’?

The preference for an external member from the legal community is extremely beneficial as the rules have to be framed by each organization and given the wide definition of ‘sexual harassment’ intricate understanding is needed.

A Legal Expert as an External Member helps to contribute more towards prevention & redressal of Sexual Harassment at workplaces!

Author:
Adv Sharlee Garg
Muds Management Private Limited
Mobile number : 91-9599653306
Email id: sharlee@muds.co.in

*The content of this article is intended to provide a general guide to the subject matter. Specialist professional advice should be sought about your specific circumstances. The views expressed in this article are solely of the authors of this article

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