As per the POSH Law, the mandate is to meet whenever a complaint is lodged with the IC and follow the timelines stated in the section below. However, it is pertinent to note that when the IC was originally brought into force by the Act, it was seen by employers as a mechanism to meet only when complaints are registered.
The lawmakers quickly realized that the IC, and more importantly the Act, was not only for the redressal of sexual harassment complaints but also for the prevention or prohibition of sexual harassment. Therefore, keeping this legislative intent in mind, even if there are no complaints, it is a good practice for the IC to meet at reasonable intervals.
The POSH Law does not specifically mandate the manner in which the IC should meet, therefore the POSH Law affords the IC with sufficient flexibility to meet at their convenience, including virtually, to deliberate on any aspect of the organization related to the area of sexual harassment, including complaint(s).
For example, IC members who are on official travel may log in (via audio or video) from around the globe and partake in the deliberations. Additionally, it’s not mandatory that every IC member be present whenever the IC meets to address a complaint. The requirement is to have a minimum quorum to conduct the meeting. For example, IC members do not need to be physically present to take in the deliberations and the full committee does not need to be present to address a complaint. A minimum quorum is sufficient to conduct the meeting.
About the Author and Serein
Faakirah Junaid Rafiquee is a lawyer and content designer .She is an experienced head of operations skilled in research, policy analysis, human rights, mental health, women rights, workshop moderation and document drafting. She is a strong operations professional with a Bachelor of Law focused in women rights and policy analysis. She has facilitated and designed workshops on issues like feminism, prevention of mental health, and childhood sexual abuse. She also has developed courses, modules and programmes on the same issues. Faakirah writes on women’s and mental health issues.
The materials on this web site have been prepared by Serein Inc. for informational purposes only and are not legal advice or a substitute for legal counsel. Reader should not rely or act upon this information without seeking professional counsel.
Serein Inc is an end to end service partner for the implementation of Prevention of Sexual Harassment (POSH) legal compliance. We partner with companies on case redressal and policies to proactively build safer work cultures and sexual harassment (POSH) trainings either in person or virtually. For more details on diversity, inclusion and prevention of sexual harassment (POSH training in India and the US). For more information on how to conduct a fair, timely and legally sound POSH enquiry process, reach out to hello@serein.in
