Introduction:

Internal Complaints Committees (ICCs) play a crucial role in addressing and preventing sexual harassment in the workplace. As mandated by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), ICCs are tasked with conducting inquiries into sexual harassment complaints, providing redress to victims, and implementing measures to prevent such incidents from occurring.

Case Study 1: Addressing Delay in Inquiry Due to Witness Unavailability

In this case, Priya, a co-worker of Raj, faces persistent lewd comments and advances from Raj. Despite her repeated requests for him to stop, Raj continues his behavior. Unable to gather evidence or find a witness, Priya refrains from filing a complaint. However, when Raj makes a physical advance towards her in the presence of another co-worker, Rajeev, Priya decides to proceed with a complaint.

Challenges:

1. Rajeev, the sole witness, is unavailable due to a lengthy leave and limited internet access.
2. The promotion decision for Raj, the respondent, is pending, potentially influencing the inquiry’s pace.

Solutions:

1. ICC should exercise its powers under the POSH Act to summon Rajeev to attend the inquiry in person or online.
2. ICC should prioritize the inquiry, considering its impact on the promotion decision and the importance of timely redress.

Key Points:

• ICCs hold the authority to summon witnesses and conduct inquiries effectively.
• Timely resolution of sexual harassment complaints is essential for ensuring justice and preventing further incidents.

Case Study 2: Managing Anonymous Complaints and Prevention Strategies

Nikita, an employee, is subjected to ongoing harassment from her supervisor, Ravi. Despite her co-worker Nandita’s encouragement to file a complaint, Nikita fears losing her job and remains silent. In response, Nandita anonymously reports the incident to an ICC member.

Challenges:

1. The POSH Act prohibits ICCs from initiating inquiries based on anonymous complaints.
2. ICC faces the dilemma of addressing the known harassment without violating the Act’s requirements.

Solutions:

1. ICC should engage in a sensitive conversation with Nikita, emphasizing the confidentiality of her complaint and the protection offered by the POSH Act.
2. If Nikita remains unwilling to file a formal complaint, ICC should consider initiating preventive measures, such as speaking to Ravi about the anonymous complaint and reiterating the organization’s zero-tolerance policy.

Key Points:

• ICCs can initiate preventive measures even in the absence of formal complaints to foster a safe work environment.
• Open communication and awareness about POSH policies can encourage victims to come forward.

Conclusion:

ICCs play a vital role in addressing and preventing sexual harassment in the workplace. By effectively handling challenging cases, ICCs can ensure timely redress for victims, promote a culture of respect and dignity, and deter future incidents of harassment.