UNVEILING THE GROUND REALITY OF INTERNAL COMPLAINT COMMITTEES ABSTRACT
This article brings light to the ground reality of the Internal Committee1legalised under the? Sexual Harassment of Women at Workplaces (Prevention, Prohibition, and Redressal) Act,? 2013. Examining how these committees handle the difficulties of addressing sexual harassment? in various organizational settings, seeks to shed light on the practical realities of ICCs under? the POSH Act. Understanding the internal workings of organizational frameworks and internal? complaint committees (ICCs) is essential to comprehending the dynamics of dealing with? workplace harassment. This abstract explores the various facets of ICC functionality, including? difficulties and accomplishments. ICCs are useful organizations for managing complaints;? however, their effectiveness depends on several criteria just aslack of infrastructure, manpower? and confidentiality of parties during investigation. Insufficient reporting as a consequence of? fear, ignorance, or mistrust of the committee's response is a common problem. The committee's? training and composition also have a major effect on how efficient it is to deal with complaints? impartiality.?
Introduction?
The Prevention of Sexual Harassment (POSH) Act of 2013 in India requires the creation of? Internal Complaint Committees (ICCs) within enterprises to promote safe and inclusive work? environments. The legal framework clearly outlines the objectives of these committees, but? how well they are implemented and how they operate on the ground provide important insights? into the difficulties and achievements in resolving workplace harassment cases.?
The Supreme Court in the case of Vishaka and Others v. State of Rajasthan and Others2, had? laid down “Vishakha Guidelines” that had guidelines relating to sexual harassment of women? till a historical piece of legislation was enacted by the government. Thus, The Sexual? Harassment of Women at Workplace Act (Prevention, Prohibition, and Redressal) hereinafter? referred to as “POSH Act” 2013. POSH Act 2013 is India’s first codified legislation specifically? formulated to deal with three specific purposes:??
? prevention,??
1Section 2(h) “Internal Committee” means an Internal Complaint Committee constituted under article 4 Sexual? Harassment of Women at workplaces (Prevention, Prohibition, and Redressal) Act 2013. 2 1997 (7) SCC 323
? prohibition, and??
? redressal??
This PoSH Act came into force on December 9, 2013, and is legally binding on all employers? and workplaces.?
The following is the basis of the India Sexual Harassment Act, which is an expansion of the? Vishakha Guidelines that the Supreme Court of India released in 1997:??
1) India's Constitution: Articles 14, 15, and 21?
2) July 9, 1993 Adoption of the UN Convention on the Elimination of All Forms of? Discrimination Against Women (CEDAW)3.?
The POSH Act was desperately needed since workplace harassment of women was on the rise.? This Act recognizes sexual harassment of women in the workplace as a violation of their basic? rights as guaranteed by the Indian Constitution.?
All Public and Private Sector Organizations in India are required to abide by the POSH Act and? its legislative obligations. Employers and management bear the responsibility of ensuring that? women have a safe and healthy work environment. To this end, they are instructed to create an? internal complaints committee, provide periodic training on sexual harassment laws, and create? an efficient complaint lodging and redressal policy. Employers are required by Section 4 of the? POSH Act to establish an Internal Complaints Committee (ICC) in each workplace with ten or? more workers. Both governmental and private entities are required to uphold this commitment. However, a closer look at the real world of ICCs shows a complex mix of successes and ?setbacks, revealing the complex dynamics at work when it comes to creating safe and respectful ?workplaces in a recent huge protest by wrestlers against sexual harassment, it was found that there was no Internal Complaints Committee (ICC), as required by law under the 2013? Prevention of Sexual Harassment (PoSH) Act. According to the Government's panel headed by? MC Mary Kom that investigated allegations of sexual harassment by some of the country's top? wrestlers against Wrestling Federation of India’s chief and BJP MP Brij Bhushan Sharan? Singh4. This was flagged as a "major finding."?
Additionally, successful ICCs have given employees the confidence that their complaints will? be treated confidentially and impartially by encouraging them to speak up and report incidents.? This strengthening isn't only responsive but has a preventive viewpoint too, as representatives? become more watchful in perceiving and putting badgering inside the work environment down.?
Problems and Issues Arising?
The Internal Complaint Committee (ICC) faces numerous complex issues and difficulties that? limit its capacity to deal with workplace harassment efficiently. For organizations looking to? improve the way their ICCs operate and promote a respectful and safe culture, understanding? these issues is essential. The following elucidates the principal issues and obstacles? encountered by ICCs:?
Underreporting?
The underreporting of cases of harassment is one of the biggest obstacles. Because of worries? about confidentiality, fear of harm, or the stigma attached to reporting such instances,? employees may hesitate to come forward. The ICC's capacity to deal with systemic problems? inside the institution is weakened by this lack of reporting.?
Procedural Delays?
Resource limitations, such as manpower shortages and complicated procedures, frequently? cause delays in processing complaints. In order to keep the complainant from experiencing? protracted distress and to preserve trust in the ICC process, a prompt conclusion is essential.? An organization's sense of inefficiency may also be influenced by delays.?
Maintaining Impartiality?
It is difficult to maintain complete impartiality inside the ICC, especially when committee? members have prior ties to the complainant or accused. Maintaining fairness when navigating? personal relationships calls for cautious thought and conflict-of-interest management? techniques.??
Confidentiality Breaches?
Even with the best of intentions, inquiries may reveal sensitive information. Employee? reluctance to report occurrences is a result of these breaches, which reduce trust in the ICC? process. To lessen this difficulty, strong adherence to confidentiality procedures and efficient? communication are crucial.
Limited Legal Understanding?
Members of the ICC might not have much legal experience, which makes it difficult to? understand the legal complexities involved in harassment cases. The fairness and legality of? proceedings may be jeopardized by this ignorance of the law. Sufficient legal education and? assistance are necessary to successfully tackle this matter.?
Organizational Culture?
Wider organizational culture has a significant impact on how well ICCs perform. If the? committee's objectives are not aggressively promoted or given priority by the company culture,? the committee's influence could be restricted. The committee's ability to successfully establish? a safe workplace depends on building a supportive and united atmosphere.?
Resource Constraints?
For ICCs, time and manpower constraints are real problems. The efficacy of the committee as? a whole may be hampered by an excessive caseload and a lack of qualified personnel, which? may affect how thoroughly investigations are conducted. For ICCs to effectively carry out their? duties, adequate resource allocation is essential and a good infrastructure is needed supported? by government bodies and local entities.?
Stigma and Fear?
Employees may still be afraid to report harassment due to the stigma attached to it or worry? about possible consequences, even in the face of legislative protections and awareness? initiatives. In order to break down these psychological obstacles and establish a culture where? reporting is valued and protected, the business must change its culture in addition to? implementing new policies.?
Inconsistencies in Implementation?
A common problem is when policies are applied inconsistently in various departments or at? different levels of the hierarchy within a company. A lack of consistency could give the? impression that anything is unfair, which would damage the ICC's reputation and deter workers? from reporting occurrences.?
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Suggestions
Internal Complaint Committees (ICCs) can operate more effectively by putting objectives in? place to resolve issues and improve their performance. There are several suggestions to? strengthen the functioning of ICCs and create a more supportive and responsive work? environment:?
Training Programs?
ICC members should get extensive and continuous training to guarantee that they are well versed in the legal complexities, procedural details, and psychological dynamics related to? harassment cases. This will improve their capacity to carry out impartial and effective? investigations.?
Raising awareness Initiatives?
Organize frequent awareness campaigns to inform all staff members of the ICC's? responsibilities, reporting procedures, and the company's dedication to preventing harassment.? This can promote transparency and help dispel the stigma attached to reporting.?
Strict Protocols for Confidentiality?
To protect the privacy of complainants and accused parties, strengthen and strongly enforce? confidentiality measures. Building trust in the ICC process will require clear communication? regarding confidentiality measures.?
Mitigation of Conflicts of Interest?
Provide precise standards for ICC conflict of interest mitigation. This can entail putting in place? procedures for committee members to recuse themselves from situations in which their? relationships could compromise their objectivity.?
Legal Advice and Assistance?
Provide ICC members access to legal counsel and assistance. To make sure the committee? follows the law, this can take the shape of partnerships with legal experts or legal consultants.?
Enhancement of Organizational Culture?
Encourage an environment at work that actively advances the ICC's objectives. This entails a? commitment from the leadership, consistent messaging, and the incorporation of anti harassment concepts into the procedures and values of the organization.
Allocation of Infrastructure?
Make certain that the ICC has enough staff and resources available. The committee will be able? to handle cases effectively and uphold the quality of investigations with enough people and? resources.?
Frequent evaluations and audits?
Perform routine evaluations and audits of the ICC's operations. To determine strengths,? shortcomings, and potential improvement areas, this may entail conducting internal or external? reviews. This will bring more positive outcomes to an organization.?
Conclusion?
Internal Complaint Committees (ICCs) operate in a complex environment that is characterized? by both obstacles and achievements in the fight against workplace harassment. Although these? committees are very important in creating a respected and safe work environment, there is a? need for ongoing development and deliberate interventions.?
Employee empowerment, successful case resolutions, enhanced awareness, and proactive? preventive actions are all signs of the ICCs' successes. Such achievements show how ICCs can? improve workplace cultures and establish an environment where harassment is actively? prohibited. But there are other equally important obstacles, like underreporting, delays in the? legal system, preserving impartiality, breaches of confidentiality, and resource limitations. A? complex strategy that includes thorough training programs, awareness campaigns, stringent? adherence to confidentiality regulations, and the prompt settlement of cases is needed to? address these issues.?
Organizations need to understand that when navigating the realities of ICCs, these committees? are dynamic entities that need to be continuously improved. Through the adoption of a? transparent, accountable, and ever-evolving culture, companies may enhance the efficacy of? internal complaint communities (ICCs) and create an environment where all employees are? treated with dignity, safety, and empowerment. The effectiveness of ICCs ultimately depends? on the broader dedication to developing an environment at work that actively rejects? harassment and preserves the values of equality and dignity for all.
FAQ’s?
Q1. What is the composition of the Internal Complaint Committee??
A. The ICC is made up of at least four members:?
? Presiding Officer: A senior-level woman employee?
? External member: A neutral party?
? Representatives: From non-governmental organizations or associations that support? women?
? Experts: In the field of sexual harassment?
Q2. Is Internal Complaint Committee mandatory??
A. Yes, under section 4 of the PoSH Act a workplace with 10 or more employees has an Internal? Complaint Committee.?
Q3. How are presiding officers selected in an internal complaint committee? A. The Presiding Officer (PO) of an Internal Complaint Committee is a senior-level employee? in the workplace.?
Q4. A recent case in an organization regarding PoSH Act??
A. Aureliano Fernandes v. the State of Goa and others, decided on 12 May 2023. This case highlights the importance of effectively implementing the Sexual Harassment of ?Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). The Supreme Court observed that the POSH Act has been inadequately implemented and ?enforced, even after a decade. The judgment highlighted the following: ?? Employers are not complying with the due process and procedure set out in the POSH ?Act?
? The constitution of the ICC has a fundamental defect.
Q5. How much time can the Internal Complaint Committee take to complete an enquiry? A. The inquiry shall be completed within ninety days from the date of the complaint. On? completion of the inquiry, the ICC shall provide a report of its findings to the employer within? ten days from the date of completion of the inquiry and such report be made available to the? concerned parties.