The Wheels of Justice Turn Slowly: Part 2 – PoSH External Member
Two Experts Meet to Demystify the PoSH Act, 2013
The Expert Panelists
In this webinar organized by Rainmaker Training and hosted by Antony Alex, Founder and CEO, the two experts are Ms Veena Gowda and Mr Trideep Pais. Ms Veena is one of the leading women’s rights lawyers who has been practising in various prestigious courts for two decades. Mr Trideep is a Senior Advocate in Delhi High Court and has been litigating for over twenty years in criminal and civil law, including cases of sexual offences. He has represented both Complainants and Respondents in matters related to the Anti- Sexual Harassment Act at workplace.
Critical Aspects of the Webinar
Since it is not stipulated anywhere in the PoSH Law, does the PoSH External Member have to be part of the Inquiry proceedings?
We can debate this at length, but the crux is simple. The PoSH Law mandates an External Member to be part of the Internal Committee. This PoSH External Member must be independent and familiar with issues relating to the cause of women, or Sexual Harassment vide (Sec 4 (c)). Instead of contesting that the same is not stipulated in the Rules (Sec 7 (7)), let us understand the value the External Member brings to the table.
[Rules (Sec7 (7)) state that a quorum of 3 members, including the Presiding officer, must be maintained during the entire inquiry proceedings. It does not mention External Member to be a part of this quorum.]
As per Trideep, “not having an External Member in the inquiry will be fatal. It is a complete travesty of justice and can vitiate the inquiry”. In the spirit of the PoSH Act, the External Member must be an expert in the PoSH Law and the finer aspects of inquiry proceedings. This Member will ensure that the PoSH Committee Members follow the Principles of Natural Justice. Being an independent member (not an employee), External Member will function without fear or favour, thus ensuring absolute impartiality of the PoSH Committee Members.
Rainmaker Training: This PoSH External Member will also be in a “position to command respect and compliance from influential management.” (Jaya Kodate vs Rashtrasant Tukdoji Maharaj Nagpur University, 2014, Bombay High Court). Furthermore, this judgment construes that the absence of an External Member with requisite qualifications renders the IC proceedings and constitution void.
The PoSH External Member will also ensure softer points such as a comfortable seating plan and not intimidating any party. The parties would also feel more relaxed knowing that External Member is in the quorum. This member will sensitize the PoSH Committee Members before every hearing/meeting. PoSH External Member will ensure the other members don’t abuse their powers by being prejudiced towards any party and meticulously follow the inquiry process.
Therefore, it is in the interest of the involved parties to look out for External Member in the quorum. Suppose the PoSH External Member is not present in an inquiry meeting. In that case, they should ask the Internal Committee for the presence of an External Member. Ms Veena, too, resonated with this point.
Rainmaker Training Tip: The parties should ask the Internal Committee for the PoSH External Member in writing and seek a written reply as good hygiene.
—————–To be continued————-
* For Expert’s Advice for Complainants of Sexual Harassment, and Expert’s Advice for Respondents of Sexual Harassment Complaint, go to Rainmaker – Online Training Company
To read Part 1 of this blog titled The Wheels of Justice Turn Slowly: Part 1 – Conciliation, click here The Wheels of Justice Turn Slowly: Part 1 – Conciliation – Rainmaker
To watch the Conciliation Process video, click here Videos – Rainmaker
For PoSH training for employees, check out our PoSH e-module, WorkSafe DELTA trailer today. https://www.youtube.com/watch?v=3cVxAPKkGQ4
Author: Sumali Nagarajan
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