The Internal Committee under the Sexual Harassment of Women at the Workplace (Prevention, Prohibition, and Redressal) Act 2013 plays a pivotal role as a body for redressing complaints of sexual harassment at the workplace. Playing this role goes beyond merely following legal processes as different parties face various emotions throughout the inquiry. In an inquiry, the IC’s role goes beyond compliance and is essential in creating a safe environment for the complainant as well as the respondent.
Understanding the need for empathy
Shame, denial, and fear are common emotions that survivors of sexual harassment may face- leading to low self-esteem. Survivors of sexual harassment may feel like it was their fault, and try to deny or minimise what had occurred, leading to a sense of shame. These emotions may even negatively impact their ability to come forward and speak about uncomfortable behaviour. The best tool to deal with these difficult emotions is through empathy.
Not to be confused with sympathy, empathy is being aware of and sharing another person’s feelings, experiences, and emotions. Statements like “It is completely okay to feel this way” or “I can’t imagine how challenging this must be for you” can help people feel more comfortable, safe, and understood by the Internal Committee.
While the need for empathy is well-established for complainants, other parties that the Internal Committee interacts with require empathy as well. Witnesses feel intimidated, when having conversations about such sensitive topics with the IC and may even feel impacted by the act of sexual harassment itself. The respondent in a complaint of sexual harassment may also feel extreme stress and even shame when a complaint of sexual harassment is ongoing. Given the role of the Internal Committee to conduct an unbiased inquiry that follows the principles of natural justice, the Internal Committee owes a responsibility to complainants as well as respondents in providing a safe environment.
Each party to a complaint of sexual harassment faces various mental challenges and empathy from the Internal Committee can be beneficial in navigating the inquiry process well.
Practicing Empathy as an Internal Committee
While the need for empathy is clear, it is not always obvious how to effectively express empathy while also ensuring that the inquiry is conducted in an unbiased manner.
Here are a few actionable steps on how to navigate empathy as IC members:
- Ensure that everyone is speaking from a comfortable and safe space. Ensure meetings are not scheduled at times when attendees may not have access to a confidential space.
- Do not interrupt when someone is speaking. Parties often want to be heard and allowing them a space to speak can also help build trust.
- Create a small care package when having in-person meetings. Having a glass of water, and tissues can be very helpful in creating a safe environment
- Be mindful of the questions being asked. Ensure that the questions are clear, and focused and do not make any person uncomfortable. If you are asking questions about the incident itself, ensure that enough time and space is provided to answer.