When appointing an Internal Committee, there is often some confusion while selecting an external member.
What the law Says
According to section 4 of the PoSH Act, an external member must be appointed who either has
worked amongst non-government organisations committed to the cause of women, or any person that is familiar with issues relating to women.
On initial reading, this may seem vague. There is no specific qualification or role that the legislation suggests for the external member. However, the reason for this perceived vagueness is inclusivity. The legislation is purposely vague in order to allow for the external member to be from any particular professional background, so long as they are empathetic to the complainant and have an awareness in women’s rights.
Avoiding legal liability
It is essential to be mindful of these specific qualifications in order to avoid legal liability. In the case of Jaya Kodate v. Rashtrasant Tukdoji Maharaj Nagpur University, it was opined that
the absence of a member without the requisite qualifications given under the aforementioned provisions is deemed to contravene the PoSH Act and therefore illegal.
Neglecting these qualifications can lead to the company being asked to reconstitute their IC. This was seen in the case Ruchika Singh Chhabra v. Air France. A labour laws lawyer was considered an inappropriate external member appointment on the defendant’s IC.
The importance of an external member
The external member is an essential part of any internal committee as they provide an unbiased, neutral perspective. They are not involved or aware of any internal company politics and employee relationships. They base their opinions and findings on the presented facts and circumstances. Being an external member that is generally unknown to the workforce gives complainants and witnesses a sense of ease. It alleviates the pressure of speaking to a person who is a constant presence at the workplace. This includes a person who has a predisposed bias towards or against the complainant.Â
Therefore, it is important to choose an external member who understands the ways in which gender plays into the power dynamics at the workplace. They should not possess any negative preconceived biases. Moreover, they should also have no personal relationships to not pose a conflict of interest.
Choosing an external member
External members are typically provided a term of 3 years by the company. Hence, in the event that an external member does not feel to be the right fit for the company, they can always be replaced with somebody that fits the empathetic, neutral and unbiased characteristics that they are expected to possess. The PoSH Act also does not bar the company from reappointing the same external member for multiple terms, making it convenient for companies to maintain a member who upholds the good practices of the company.