Priya had always admired her manager, Mr. Sharma, for his leadership skills, but over time, his compliments became more personal and uncomfortable. When she finally gathered the courage to file a sexual harassment complaint, she assumed the Internal Committee(IC) would handle it. However, to her surprise, she was told the IC couldn’t investigate cases involving senior management like Mr. Sharma. Her case was instead referred to the Local Committee (LC), a neutral body that would ensure a fair inquiry. Initially unsure of what to expect, Priya soon found the LCC’s impartiality gave her the confidence to pursue her complaint, knowing her voice would be heard without any fear of retaliation.
Local Committee and upper management
The Local Committee is an independent body established under the PoSH Act to handle cases of sexual harassment in workplaces. This body is extremely useful where the respondent is part of the senior management or where an Internal Committee does not exist. Section 7(1) of the PoSH Act specifies that the IC will not investigate such complaints, ensuring that a fair inquiry process is maintained, free from any potential bias or influence from senior management.
Recently, in the case of Abraham Mathai v. State of Kerala (2014), addressed the concern of conflicts of interest when senior employees are involved in sexual harassment cases. This case reinforces the PoSH Act’s provision, illustrating that when the accused holds a position of power, it is crucial that the inquiry be handled by an unbiased and neutral body.Â
Why the Local Committee?
- Impartiality and Neutrality: Senior management holds significant power within an organisation. The LC provides a neutral and unbiased investigation, ensuring the complainant’s case is heard without fear of retaliation or bias from influential top management.
- Protection of the complainant: The LC helps protect the identity and safety of the complainant, offering them the security that their case will not be influenced by the respondent’s position within the company.
- Prevention of Conflict of Interest: The LC ensures that there’s no conflict of interest, offering an independent body to take charge of the inquiry and also ensures that there is no element of subjectivity or favouritism.
- Expertise and Objectivity: The LC is comprised of professionals, ensuring that the process is handled with expertise and a thorough understanding of the legal and social dimensions of sexual harassment.
Just like Priya’s experience shows, this mechanism enables the complainant to feel protected and confident that their voice will be heard, fostering a work environment that prioritises safety, fairness and respect for all employees.
If you or someone you know is facing similar challenges, we can help. Our expert team is here to guide you through the process and ensure your rights are protected. Reach out today by writing to us to hello@serein.in.