Concluding Part-2- Exploring the 24 Essential Duties and Responsibilities of Internal Committees"

 "Exploring the 24 Essential Duties and Responsibilities of Internal Committees"-       Concluding Part-2

Recap or Summary of Post Part-1, Published on November 10. 2023 on my Blog “All About PoSH” https://www.holistichr.blogspot.com 

Recap of Part-1: - In my previous Blog Post, 10 out of 24 Duties & Responsibilities of Internal Committees, were covered, as summarized below:

“Internal Committees” are i) Independent Legal Entity, constituted by Employers, in writing, and Notified thru Notice Boards; ii) For the Sole Purpose of “Redressal of Sexual Harassment Allegations/Complaints, referred to them by the respective Employers of the Workplaces; iii). Redressal Proceedings must be in line with the Twin Principles of Natural Justice, namely “Nemo judex in causa sua” (No one should be a judge in her/his own cause) and “Audi alteram partem” (Hear the other Side for no one should be condemned unheard); iv) Internal Committees Presiding Officers & the Members, though Nominated/Renominated by the Employers, Do Not Report to the Employers nor are Controlled or Commanded by others; v) Internal Committees are accountable/ answerable only to the Laws of our Land & Our Constitution; vi) Internal Committees have Authority & Powers of our Civil Courts, as specified; vii) I Cs Presiding Officers & Members are like “Judges” as upheld by our Judiciary/Laws; viii) Internal Committees arrive at their Findings considering the “Evidence-Recorded” during Redressal Proceedings in joint presence of the Complainant and the Respondent and keeping in view the “Principle of Preponderance oof Probabilities”; ix) I Cs must conclude their Inquiry Proceedings within stipulated 90 days; xi) ICs must submit “conclusive and definite Findings” to Employers; xi) IC  Findings & Recommendation are  “Final and Binding” on  Employers/Disciplinary Authority; xii) ICs must serve “Copies of which shall be served on the Complainant and the Employee-Respondent for their information and to enable them, both to submit their Written Representation, against the Findings with Recommendations.

It is Noteworthy that Internal Committee’s Redressal Proceedings, are quasi-judicial Proceedings, never a Discussion or Meeting-Matter or Interview, as it were. Hence, before initiating Redressal Proceedings, the concerned Internal Committee Presiding Officer and Other 3 Members, must ensure that the Employer has completed the Disciplinary Action-Steps, in toto and then has forwarded all connected and related Documents to the Internal Committee. The Internal Committees are not the Disciplinary Authority, hence cannot suo moto initiate Redressal Proceedings on receipt of Sexual Harassment Complaints, directly submitted to ICs.   

Exploring Remaining 14 Essential Duties & Responsibilities of Internal Committees: --

In this Post, today, the remaining 14 Duties & Responsibilities of the Presiding Officer and the Members of Internal Committees, are added below:

1.    Act at all times, appropriately, authentically, boldly, courageously, Being Fair, Just, Proper and Lawful even in the face of Ticklish Situations caused by either the Complainant or Respondent or any Witness including “Independent Witness” such as i) “Abstentions”; ii) Habitual Late-Coming iii) Boycotting; iv) Walking-out; v) Interrupting Proceedings; vi) Refusing to attest the Records created by the IC;

2.    Welcome the Complainant, the Respondent & IC Members at the outset of Redressal Proceedings on the Date, Time & Venue, notified to them & put them all, at ease; Explain with sufficient precision, i) the relevant Provisions/ Sections of the Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act 2013, especially Sections- 2, 3, 4, 5, 7, 8,9,10,11,12,13,14, 15,16,17,19,20, 21,22, 26; ii) relevant Provisions/ Sections of Codified Rules or Certified Standing Orders, as applicable whereunder the Act of SH amount to Misconduct; iii) Workplace PoSH Policy; and then iv) Seek and Secure Firm Affirmation from the Complainant & the Respondent that they are present to participate in the Redressal Proceedings, voluntarily & not under any Compulsion, influence, pressure or threats, whatsoever and obtain their “Attestation” with Signatures / LTI to that effect;

3.    Admit as Exhibits, aforesaid Documents, in full joint presence of the Complainant and the Respondent or the Witnesses who Testify before the ICs for Use during Cross-examinations  

4.    Explain about the necessity of the ICs creating & updating the Two (02) Documents, namely i) the “Order-Sheets” to Record the Order-of-Events to be followed during Redressal Proceedings; and the ii) Recording of Sworn Testimonies of the Complainant, the Respondent & the Witnesses, if any, recorded, verbatim by the IC invariably in the joint presence of the Complainant, and the Respondent, never in absence of each other;

5.    Explain the Contents/ Text of the Recorded Testimonies to all present and Obtain their Affirmation & Attestation of their voluntary concurrence to the Records so created including “Conciliation Report”;

6.    First of all, Record the Sworn Testimony of the Aggrieved-Woman-Complainant, verbatim even in her MotheTonge, if she so desires, then Do a Simple Translation in English, followed by allowing the Respondent to Cross-Examine the Complainant’s Testimony, if so desired & in case the Option of Cross-Examination is declined, Record it, verbatim; ii) Then, Start Recording the Sworn Testimonies Complainant’s Witness, if any, One after the other, Read them out and obtain their attestation/ Signature with Date & Time; iii) then Record the Sworn Testimonies of the Respondent’s Witnesses, one-by-one, follow the same Procedure of taking their Attestations; iv) Then let the Complainant pt for Cross-examination of the

7.    Forward to the concerned Police Station, her Sexual Harassment Complaints, if the Complainant insists on it, and keep a Record.

8.    Admit, consider, decide and Recommend the Complainant’s “appeal” to get her deployed elsewhere at her Workplace to avoid/avert interface with the Respondent, during Inquiry Period, in consultations with the Employer and convey ICs Decision, whatsoever.

9.    Similarly, admit, consider, decide and Recommend the Complainant’s “appeal” to get the Respondent deployed elsewhere at the Workplace to avoid/avert interface with herself, during ongoing Inquiry Period, after consulting the Employer, they write to her about ICs Decision, whatsoever.

10.     Admit, consider and Recommend the Complainant’s “appeal” to get her “Leave with Full Pay” for a period of up to 03 Months which shall be in addition to the Leave due to her during Inquiry Period, in view of her justifiable Mental Agony, Trauma & the like, in consultations with the Employer and convey ICs Decision, whatsoever.

11.Determine “Compensation” claimed by the Complainant in view of Expenses incurred by her on her Medical Consultations & Treatment or Psychologist’s Fees and allied Expenses to recover from the Anxieties, Trauma or Absence from Duty arising out of her Sexual Harassments, taking into account the Respondent’s capacity to pay the approved Amount of Compensation payable to the Complainant;

12.Complete the IC Inquiry Proceedings within 90 Days and Submit the Inquiry Report with Findings & Recommendations within 10 days from the Date of conclusion of Inquiry.  

13. Issue a Copy of IC Inquiry Findings with Recommendation, each to the Complainant and the Respondent for their information & to enable them, both to submit their Written Representation   against the C’s Findings & Recommendation, within stipulated working Days; Review the Written Representation received with Due Discretion and inform them, both about IC’s Review Outcome.

14. Prepare to File the Internal Committees’ Annual Report for the previous/preceding Calendar Year, as mandated in Section-21 of the SHWW (P, P & R) Act 2013by 31^st Jan of following year, under the Signature of the IC Presiding Officer duly authorized by other IC Members, after Collecting reliable and verifiable Data & Details from the Workplace Stake-Holders related to the 05 Five Headings illustrated in the Rule-14 of the SHWW (P, P & R) Rules 2013 gazetted on 9.12.2013.     

Eagerly Awaiting your Valuable Response and Feedback  

Harsh Kumar Sharan, XLRI Alumnus, 

Special Educator PoSH Mandatory Programs, 

Serving Non-Employee-Member on 60+ Internal Committees PAN India

Call for Consultations on 91 9560 453 76/ or Email to me at hksharan@gmail.com / hksharan@kritarth.in / or shakti@kritarth.in / www.kritarth.in  

Blogger website https://www.holistichr.blogspot.com Page "All About PoSH"   https://www.holistic-hr.blogspot.com Blog Page " Holistic HR"

12th November 2023