Power dynamics exist at any and every level of organizations. Workplace sexual harassment results from power dynamics between the accused and the victim. The same applies to the PoSH Committee constituted under the PoSH Act, 2013. Power dynamics can often creep into case investigations by the Internal Complaints Committee (ICC). Thus, it requires the nomination of an external member for PoSH. The external member for PoSH acts as a neutral third party that keeps the bias of the ICC in check. Both the PoSH Act and Rules lay down certain guidelines for the nomination of an external member. It mandates for the appointment of an external member to the Internal Committee. Consequently, it necessitates that the External Member should be a person from an NGO committed to the cause of Women OR a person familiar with issues related to Sexual Harassment.
The major functions of the External Member broadly cover:
- Provide hand holding support in the functioning of the ICC
- Assist the ICC in conducting inquiry if/when there is a complaint
- Assist the Employer in conducting PoSH awareness and sensitization training for all the employees
- Conduct Orientation programme for the members of the ICC
- Give appropriate advice as and when called for to the members of the ICC and to any employee who has approached
- Promote total compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
It is obligatory for all employers to provide a safe working environment by ensuring the strict implementation of the Act and policy, not just to satisfy the law-makers but as a step towards harnessing gender equality and justice. The role of External Member to the ICC is not for namesake and the PoSH Act 2013 must be sincerely adhered to and implemented by the employers to fulfil their responsibility.
Since the Act states that the External Member should be a person from an NGO committed to the cause of Women, AWAG serves as a member of the Internal Complaints Committee (ICC) against sexual harassment of women at the workplace at a number of institutes.
To appoint AWAG as part of your Internal Complaints Committee (External Member), reach out to us at info@awagindia.org.