In certain cases of sexual harassment reported to the PoSH Internal Committee, a complainant may want to give the respondent the benefit of the doubt.
The complainant may say, “I am uncomfortable with the behaviour but I don’t want this case to impact the respondent’s career so I prefer an informal redressal where the IC can give the respondent a warning.” or in some cases, the complainant feels the informal redressal is faster and hence prefers the same.
Section 10 of the Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) talks about the process of conciliation. A settlement between the complainant and the respondent is considered to be conciliation.
The Internal Committee (IC) can only begin a conciliation if the complainant requests it.
Following are the unique features of the conciliation process are as follows:
- It can only be initiated by the complainant. Under no circumstances can the IC initiate such proceedings, unless explicitly requested to do so by the complainant.
- Monetary compensation can never be a part of the settlement that is reached at the end of conciliation.
- Conciliation is an informal procedure, merely facilitated by the IC. This means that IC cannot initiate an inquiry into the matter or adjudicate the same.
- The agreements reached at the end of the process are recorded in a conciliation settlement agreement.
- The most important aspect of the process is that the IC cannot give any other order as the conciliation is achievable through a mutual discussion IC merely plays the role of a neutral party not the party that administers justice.
Best practices during conciliation for the Internal Committee members
- The committee needs to act as a neutral third party. The IC cannot persuade either of the party to participate in the conciliation.
- The IC should document the entire process and keep minutes of all the meetings that are conducted to achieve conciliation.
- The IC should keep records of the conditions of conciliation. The records should be signed by both parties.
- The IC needs to report details of the settlement and recommendations to employers based on conditions of the settlement.
- Employers are mandated to follow these guidelines.