The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 [“PoSH Act”], stands as a vital bulwark for women's rights in Indian workplaces. It mandates the formation of Internal Committees [IC] in organizations with 10 or more employees, entrusting them with the crucial responsibility of addressing and investigating complaints of sexual harassment. The effectiveness of these ICs, however, hinges on the quality of their training, making it a non-negotiable aspect of creating a truly safe and secure work environment.

Appointing Members of the Internal Committee

The PoSH Law mandates that the Employer must constitute an IC with the following members:

• Presiding Officer: A woman employed at a senior level from among the employees.
• Employee Members: At least two employee members, preferably committed to the cause of women or who have had experience in social work or have legal knowledge.
• External Member: One external member - a lawyer or from an NGO or association dedicated to the cause of women or familiar with issues relating to sexual harassment.

A thorough examination of the provision - the requirement for a female presiding officer and the suggested qualifications of the members - provides us with a valuable understanding of the lawmakers' intent in selecting IC members. This deliberate choice aims to align the composition of the IC with the spirit and purpose of the Law.

In a 2018 ruling, the Delhi High Court shed light on a critical flaw in Air France's handling of a sexual harassment complaint filed by an aggrieved woman. The IC established by the airline lacked a vital element: an independent and impartial external member. Notably, Air France failed to provide concrete evidence of the external member's affiliation with a relevant non-governmental organization (NGO) or expertise in sexual harassment issues. Recognizing the crucial role of unbiased investigation in such sensitive matters, the Court deemed the entire IC invalid, nullifying its reports, proceedings, and decisions. Consequently, the Court directed Air France to reconstitute the IC with a qualified external member fulfilling the necessary criteria and conduct a fresh inquiry into the case.

In 2014, the Bombay High Court quashed the order of the IC, directing the Employer to reconstitute the IC with qualified members, with legal expertise, procedural knowledge, and sensitivity to women's rights in workplace harassment cases. To quote the Court, "The employer has to be genuinely concerned with the safety of women at workplace under him/it and can not stage a farce of compliance with the obligation cast by the 2013 Act."

Importance of Training Internal Committee Members

The PoSH Law not only requires the constitution of an IC but also emphasizes the necessity of adequately training its members. However, in many cases, Employers merely fulfill their compliance obligations by offering IC members some basic orientation, assuming they would be equipped to conduct inquiries when required.

A well-constituted IC, while essential, falls short without empowering its members to conduct inquiries effectively. A commitment to ongoing training and skill development is crucial for fostering an IC that is not only compliant with the Law but is also capable of efficiently addressing and resolving issues in alignment with the spirit of the PoSH Law. Let’s see how:

• Handling Sensitive Cases with Confidence and Empathy: IC members, without a previous background in the PoSH Law or the inquiry process, cannot be expected to handle cases efficiently. Effective training equips IC members with the necessary tools to navigate complex cases with sensitivity and understanding, ensuring both parties to a complaint feel supported and respected throughout the process of inquiry.
• Exercising Powers of a Civil Court: The PoSH Act confers the powers of a Civil Court on an IC. Without a comprehensive understanding of the implications of this quasi-judicial authority, ICs would lack the capacity to impartially assess evidence or grasp the nuances of legal procedure relevant to the PoSH Law. Effective training becomes instrumental in equipping IC members with the knowledge and skills necessary to analyze evidence, evaluate situations, and arrive at reasoned conclusions within the mandated timelines.
• Trauma-Informed Approach: Implementing a trauma-informed approach through training, sensitizes members to the psychological impact of sexual harassment. This preparation enables them to approach complaints with empathy, understanding, and respect, thereby facilitating a smoother and more supportive reporting process.
• Meeting the Requirements of Natural Justice: Examining legal precedents reveals that numerous cases are appealed on the grounds of Natural Justice. In the absence of sEffective training and a comprehensive understanding of these principles, ICs remain at constant risk of failing to meet the mandates of Natural Justice at every stage of the inquiry process.

The Need to Train an Internal Committee: A Case Study

In a recent judgment, the Delhi High Court emphasized that the inquiry proceedings in a PoSH matter cannot be quashed solely due to the IC’s failure to complete the inquiry within 90 days. Let's delve deeper into this ruling.

Key Facts:

The case involves an aggrieved woman who filed multiple complaints regarding the same incident of sexual harassment against the Vice Chairman of the Faridabad branch of the NIRC Institute of Chartered Accountants of India [ICAI]. This stemmed from the inaction of the IC on her initial complaint. Subsequently, the accused appealed to the Delhi High Court, seeking to quash the inquiry based on the grounds of multiple complaints and the failure to meet the 90-day timeline stipulated by the PoSH Act.

Upon hearing both parties, the Court ruled in favor of the aggrieved woman, emphasizing that an inquiry cannot be vitiated merely due to not being concluded within 90 days, especially when the delay was not attributed to the aggrieved woman.

It is pertinent to note the observation of the Court on the delay of the IC - “Needless to say, such complaints containing allegations of sexual harassment deserves to be treated with a certain amount of seriousness and responsibility and accordingly, the same have to be inquired into and taken to their logical conclusion for it is both in the interest of the complainant as well as the person against whom the allegations of sexual harassment have been leveled.”

Learnings:

A closer look into the case shows an obvious lapse on the part of the IC. This could be attributed to the lack of understanding of the procedures under the Law, resulting in critical missteps:

• Delayed Action: The IC’s initial inaction caused unnecessary distress for the complainant and a potential risk of evidence being compromised due to the delay.
• Procedural Confusion: The presence of multiple complaints and condonation requests indicates a lack of clarity in handling the case, further prolonging the resolution process.
• Legal Complications: The case ultimately reached the Court, exposing the organization to potential legal risks and reputational damage.

Parting Thoughts

The meticulous appointment and training of IC members are crucial elements in aligning workplaces with the PoSH Law. Employers must introspect to determine if their ICs are equipped to handle cases of sexual harassment in a thorough, fair, and unbiased manner. Investing in training ICs not only fulfills legal obligations but also fosters a workplace culture that prioritizes safety, respect, and dignity, contributing to a genuinely supportive and compliant work environment. Ultimately, the appointment and training of IC members are integral to building workplaces that champion equity, justice, and the prevention of sexual harassment.