The Powers & Duties of the Internal Committee (IC)
The Internal Committee (IC) established by an Employer has the primary duty to conduct an inquiry into any complaint of sexual harassment received by it. However, it also has multiple other duties & responsibilities.
i) When any IC receives any complaint, it has the duty to conduct inquiry of the complaint.
ii) But before initiation of the inquiry, the IC has to explain to the aggrieved woman that she has an option of resolution of the complaint by way of conciliation. If the aggrieved woman requests so, the resolution of the complaint by way of conciliation shall be preferred by the IC.
iii) If there is no settlement in the conciliation, if the complainant does not wish to settle the complaint or if the respondent does not follow the terms or condition of the settlement, the IC shall make inquiry in the complaint.
iv) The IC may provide interim relief measures to the aggrieved woman, during the pendency of the investigation. Therefore, the IC may recommend the employer to transfer the aggrieved woman, grant leave to her for upto three (3) months period or any other relief, which according to the IC is suitable.
v) IC has the obligation to provide a written report of its findings of inquiry to the Employer, within period of ten (10) days from the date of completion of the inquiry. Copy of this report is also to be made available to the concerned parties.
vi) IC also has the duty to recommend action to the employer, on basis of findings of its inquiry. Thus, there will be no recommendation when the IC concludes that the allegation of sexual harassment is not proved. There shall be recommendation of disciplinary action in the event in the findings of its inquiry, the IC concludes either that the allegation of sexual harassment is proved or the complaint was malicious or any person has provided false
evidence.
vii) The IC members have a serious obligation of confidentiality especially regarding the identity and addresses of the parties interrogated, information obtained during the inquiry and also the action taken.
viii) IC has to submit annual report in each calendar year and submit it to the employer and District Officer.
To discharge these duties effectively and to be able to conduct an inquiry into any complaint of sexual harassment more effectively, the IC has been conferred with the powers of a civil court, specifically in respect of summoning any person for inquiry, enforcing his/ her attendance and examining him/ her on oath; requiring the discovery and production of documents and any other action as it deems necessary for effective inquiry.
Adv. Sayali Ganu Dabake
Founder Partner
LexonomiX
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