Empowering Inquiry Committees: A Crucial Measure in Addressing Sexual Harassment in the Workplace in India

Sexual harassment in the workplace continues to be a significant issue in India, impeding gender equality and violating the basic human rights of employees. While the government has made considerable strides in employment law to address this issue, the efficacy of these measures often hinges on the execution, particularly the role of inquiry committees.

India introduced the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act in 2013 to address workplace harassment. The law mandates the establishment of Internal Complaints Committees (ICCs) in organizations, making it mandatory for employers to provide a safe working environment for women. This committee is required to be created at each branch or office of the company employing 10 or more employees. Despite this, incidents of workplace harassment continue to grow and be reported.

Establishing effective inquiry committees for workplace sexual harassment is crucial as they ensure prompt, fair and thorough investigations. These committees protect employees’ rights, deter future incidents and restore trust while fulfilling legal obligations.

India has a strong legal framework for combating sexual harassment. The key legislation in this area is “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013”. This Act was put into place to provide a safe working environment for women across the country.

The Act defines sexual harassment broadly to include any unwelcome behaviour, whether directly or by implication, such as physical contact and advances, demand or request for sexual favours, making sexually coloured remarks, showing pornography or any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

Employers have several responsibilities under this Act. They are required to set up an Internal Complaints Committee (ICC) at each office or branch, with 10 or more employees, to hear and redress grievances pertaining to sexual harassment. They also need to conduct regular awareness and training programs to inform employees about the consequences of sexual harassment.

In case of failure to comply with the various provisions of the Act, employers can be penalized with a fine which may extend to INR 50,000 for the first offence and may lead to higher penalties and cancellation of licenses, registrations etc. for repeated violations.

ICCs often face numerous challenges such as:

1. Inadequate Training and Awareness: Often, ICC members lack sufficient training and understanding of the provisions of the Act. They lack the sensitivity required to deal with such cases. This may hinder their effectiveness in handling complaints.
2. Bias and Influence: There is a potential for bias or influence within the ICC, especially when it involves senior members of the organization. This could impact the neutrality and fairness of the investigation and resolution process.
3. Delays in Resolution: Inefficiencies in the ICC functioning can lead to significant delays in resolving complaints, further traumatizing the complainant.
4. Lack of Victim Support Systems: The ICCs are often not equipped to provide the necessary support for complainants, such as counselling, legal assistance or protection from retaliation, which may deter victims from reporting incidents.
5. Non-compliance with Mandatory Requirements: Some organizations fail to comply with mandatory requirements of the Act, like constituting an ICC or displaying information about the ICC and the Act conspicuously in the workplace.

Committee Composition and Selection

The Internal Complaints Committee (ICC) should be constituted in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The Act mandates that the ICC should be headed by a senior woman employee and at least half of its members should be women. It should also include an external member from a legal or social work background in order to ensure a fair and impartial inquiry.

Training and Awareness

For the ICC to function effectively, regular training sessions should be conducted, focusing on the understanding of what constitutes sexual harassment, legal provisions, rights and duties of the ICC and sensitivities involved in handling such cases. This will equip them with the necessary skills to address complaints efficiently and empathetically.

Streamlining Inquiry Procedures

The inquiry procedure should be clear, fair and efficient. ICC members need to understand their roles in ensuring a fair hearing for both the complainant and the respondent. The procedure should be designed to minimize delays and deliver speedy justice.

In the case of Dr. Malabika Bhattacharjee v. S. Internal Complaints Committee & The Vivekananda Institute of Professional Studies, the petitioner, Dr. Bhattacharjee, alleged sexual harassment against a co-worker and claimed that the Institute’s Internal Complaints Committee (ICC) was biased in its investigation. Dr. Bhattacharjee questioned the impartiality of the ICC, as it included members who had a direct relationship with the accused. The Delhi High Court ruled in favor of the petitioner, ordering a de novo inquiry to be conducted by a reconstituted ICC that excluded members associated with the accused. This landmark case emphasizes the importance of an unbiased ICC composition and the critical role it plays in ensuring fair investigation and resolution of sexual harassment cases.

The role of ICC in fostering a safe and respectful work environment cannot be understated. However, the effectiveness of the ICC lies in its fair composition, unbiased functioning and rigorousness of its investigations. It is also important to note that while women are predominantly affected, sexual harassment can happen to individuals of any gender. Efforts toward creating safe and inclusive spaces and promoting gender equality are crucial to combatting sexual harassment and fostering a more respectful society in India.