The Internal Committee or IC in organizations, as per the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), has a procedural approach to the complaints of harassment from women. In the concluding part, Diversity Digest unravels the role of the committee and the procedure followed with complaints.
Recap: Seema, Jasmine, Rohit, and Rahim are good friends. After moving to different cities for work, they meet up for a reunion in their hometown. Jasmine is visibly upset with the harassment by a superior at work and confides in Seema, telling her she wants to quit. Seema explains to her about POSH laws and asks her to seek redressal.
Read on…
Seema held Jasmine’s hand and said, “I hope I am not loading you with information. It is important to understand the procedure.” Jasmine responded with a smile. “I am surprised that I didn’t know about the POSH law. Tell me more; I know I will find my solution.”
Seema was relieved that the discussion helped her friend, who seemed lost and upset a while ago. She switched to her formal tone.
“Before I proceed, let me tell you what all goes into a written complaint – the name of the complainant, the incident date, place, time, working relationship, and a brief account of the incident,” she said.
“The most important thing— the complaint has to be registered with the IC team within 90 days of the incident. The IC can’t admit a case older than 90 days. After confirmation, the case can get registered under POSH, and the Internal Committee members once again gather and prepare themselves to meet the complainant. They make her feel comfortable and listen to her. They can ask her if she wants to settle the case by talking to the respondent (perpetrator). Remember, they can only suggest and cannot force her. Depending on the decision, the IC proceeds with the case. After they receive a written complaint, the IC writes to the respondent. Remember, only the complainant has to be a woman, the respondent can be a man, woman, or transgender.”
“Woah,” said Rahim. “That is some information. Give us two minutes to process.”
Seema was happy to see Jasmine’s worried look disappearing. She seemed cheerful and was listening intently to her.
“If the complainant decides to settle the case without taking it to the inquiry level, it gets settled there. The respondent can initiate a letter of apology. If it is accepted, the case is closed. When the complainant opts for an inquiry, the first round of meeting is between the IC and the complainant. In the second meeting, the IC members meet the respondent and understand his/her side of the story. In the next meeting, the complainant and respondent are brought face to face, followed by the inquiry proceedings,” explained Seema.
Seema tried to break down the steps in a sequence for better comprehension. “Throughout this inquiry process, the most important thing is to maintain the confidentiality of the issue till the IC arrives at a solution. The inquiry takes place for 90 days and the committee concludes, followed by a report submitted to the management. The management then takes a call and initiates the proceedings,” she said.
“Remember, women who have made a false complaint have also been taken to task. So, the law is clear in identifying the perpetrator and punishing them. Hope this information helps you all,” said Seema in a more serious tone. She sighed and looked at Jasmine.
“You know what to do! You are not quitting,” she added with a smile, squeezing her palm. “I hope you share this information with others to make the workplace safe and secure.”
“It is a lot to assimilate in one lunch,” said Rohit. “Which one?” asked Rahim with a giggle. “The POSH lessons or the food?” he teased. “It is good food for thought,” said Jasmine. The friends burst out laughing.
