Imagine being a member of the Internal Committee (IC) tasked with ensuring that sexual harassment complaints in your workplace are heard and addressed fairly. Your role is vital, not only for the well being of your colleagues but also for the integrity of your organisation. However, there is a catch – If your decision goes against the senior management, you could be fired without any cause. This situation poses a real dilemma for many members of the Internal Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act).
This scenario is the basis of a recent Public Interest Litigation (PIL) filed in the Supreme Court of India by Janaki Chaudhary and Olga Tellis, both of whom have firsthand experience with the challenges faced by Internal Committee members in the private sector. The petition highlights the vulnerability of Internal Commitee members to arbitrary dismissal, raising critical questions about the security and impartiality of those tasked with adjudicating sexual harassment complaints.
The importance of Internal Committees under the PoSH Act
The PoSH Act, which came into force in 2013, mandates that all organisations with 10 or more employees establish an IC to address complaints of sexual harassment. This Act is a major step forward in ensuring a safer and more respectful working environment for women. It requires employers to conduct awareness sessions, create safe reporting channel and ensure that sexual harassment cases are resolved in a timely and fair manner without any conflict of interest.
The establishment of the IC is part of a broader effort to empower women and tackle workplace harassment in all its forms. ICs are supposed to function as independent bodies, offering women a platform to raise their concerns without any fear of retaliation. However, as the PIL points out, members of these committees in the private sector often face significant risks.
Job security vs impartiality
The core issue raised in the PIL is the lack of job security for private sector IC members. There is often a tendency that employees are dismissed at the discretion of the employer, as long as they comply with basic statutory requirements like severance pay. This might be concerning for IC members, as it creates a significant conflict of interest and scope for retaliation.
A call for change
The supreme court’s involvement in this PIL is a significant step toward ensuring that the POSH Act is not just a legal formality but also a tool for real change. The court has issued a notice to the ministry of women and child development and other relevant parties to ensure job security for IC members, especially in the private sector. It is high time that we bring about stringent guidelines for the protection of not just the parties in a case of sexual harassment but also ensure that security of the Internal Committee members is given utmost importance.