Skip to main content

External Member of ICC under the Prevention of Sexual Harassment Act

 

Provision for an external member for PoSH

As per Section 4 of the PoSH Act:

  • A senior female employee should head the PoSH Committee,
  • At least half of the PoSH Committee members should be women, and
  • One member should be from an NGO or an association that works for women’s empowerment. They can also be a person who is familiar with issues related to sexual harassment.

Many  PoSH Practitioners and organizations have relied on Rule 4 of the Act - The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, shortly known PoSH Act),  according to which , a “person familiar with issues related to sexual harassment” is an expert in such issues, including 

  • A social worker with at least 5 years of experience in social work. Such social work should create favorable conditions for women’s empowerment. It should address workplace sexual harassment.
  • A person who is familiar with labor, service, civil, or criminal law.


However, this is incorrect and has lead to confusion and complex litigations.

The Delhi High Court in the matter of Ruchika Singh vs. Airfrance has settled the position:-

 Air France contended that the independent person appointed is a lawyer with expertise in deciding labour issues. His curriculum vitae is on record for confirming the averments made with regard to the criteria for his selection. According to Air France, the requirement of a person familiar with issues pertaining to sexual harassment under Section 4(2)(c) of the Workplace Harassment Prohibition Act is to be read with Rule 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 which provides that this would be a person who is familiar with labour, service, civil or criminal law. 

However, Air France is clearly in error in relying on Rule 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 which is to be applied only to Section 7(1)(c) of the Workplace Harassment Prohibition Act which deals with the constitution of the Local Complaints Committee and not the ICC as in the instant case.



Comments

Post a Comment

Popular posts from this blog

MCS MAHARASHTRA COOPERATIVE HOUSING SOCIETY BYE LAWS 101 TO END

MCS BYE LAWS CONTINUED FROM PREVIOUS POST 101 TO END 101. If all the business on the agenda of the General Body Meeting of the Society cannot be transacted on the day on which the General Body Meeting is convened, the meeting shall be postponed to any other suitable date as may be decided by the Members present at the meeting, however not later than 30 days from the date of the meeting. 102. The Chairman of the Society shall preside over all General Body Meetings of the Society, in case if the Chairman is absent or if present and is unwilling to preside, the Members present may elect a person from amongst themselves to preside over the meeting. 103. No proxy or a holder of power of attorney or letter of authority shall be eligible to attend a General Body Meeting of the Society on behalf of a Member of the Society. 104. Voting right of a Member and the Associate Member of the Society shall be regulated in accordance with the provisions of Section 27 of ...
4 comments
Read more

MCS ACT: Encroachment /usage of Common Area by Flat Owners - Highlights of bye laws and the role of MC/General Body

The Managing Committee has to read the bye laws in harmony and adopt a standard process as approved by the General Body   Almost Every Society has conflicts or even fist fights on usage of common areas, especially the parking, the passage outside the flats and other areas meant for east of movement and common utility. As a Building lay out, and common areas differ accordingly to the size/class of buildings and also the category of flats , it is essential to review the relevant bye laws and formulate a policy with uniform norms and permitting fair use. What is permissible and fair use again depends on the unique size and design of a building, it is imperative to evolve a robust policy post deliberations at a General Body of Members.  Bye Law No 165. Penalties for breaches  Bye Law No 165(a)  The meeting of the General Body of the Society may prescribe penalties for different breaches of the Bye-laws of the Society. The Secretary of the Society, under instruct...
1 comment
Read more

PoSH Act: ICC of the Employer of the Complainant (Victim) is also empowered to conduct enquiry -Path-breaking Ruling by the Hon'ble Supreme Court

 KEY POINTS BY LAWSHASTRA - FULL JUDGEMENT APPENDED BELOW   This path-breaking judgement by the Hon’ble Supreme Court, has well enunciated the objectives of the VISHAKA Guidelines and the PoSH Act, while spelling out the jurisdictional aspects of the “Employer” Crystal clear.  Precisely, the jurisdictional challenge by the Appellant in the present case, inter alia relates to whether the Internal Complaints Committee (hereinafter referred to as “ICC”) constituted at a certain Department of the Government of India can entertain a complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as “POSH Act”) against the Appellant who was working at a different Department of the Government of India at the relevant time.  Key Points for reference   PoSH Act. (extracts) Section 2(a)  “(a) “aggrieved woman” means -  in relation to a workplace, a woman, of any age whether employed or n...
Post a Comment
Read more