Why we need Internal Complaint Committee?
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The Parliament of India passed the “Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act,” in the year 2013. This ACT provides protection against sexual harassment of women at workplace. Redressal & for the prevention and of complaints of sexual harassment and for the matters connected therewith or incidental thereto
Constitution of internal complaints committee mandatory for all organizations of state/central government and the private sector. These organizations can be a governmental department, school, college, unorganized sector like shops, mall etc.
The main objective of an internal complaint committee is to protect women worker from sexual harassment at work place.
Objectives of the committee are:
To develop rule and regulation against sexual harassment against women at work place
To introduce a permanent mechanism fo prevention and redressal of sexual harassment
To make sure that the implementation of the policy in letter and spirit through proper reporting of the complaints and their follow-up procedures.
To create a secure physical and social environment to reduce any act of sexual harassment.
To promote a psychological environment & social to raise awareness on sexual harassment in its various forms.
According to THE SEXUAL HARASSMENT OF WOMEN AT THE WORKPLACE (PREVENTION, PROHIBITION, AND REDRESSAL) ACT 2013, sexual harassment includes any one or more of the following unwelcome acts or behavior (whether directly or by indirectly) namely:
1. Demand or request for sexual favors; or
2. Physical contact; or
3. Showing pornography; or
4. Making sexually color remarks; or
5. Any other undesirable physical, the verbal or non-verbal conduct of sexual nature.
Director shall appoint the member of committee and The Committee shall consist of following nine members,as under, namely:
A. Senior female Faculty member from the Institute, as the Chair person
B. 2 Faculty members (one female and one male)
C. 2 Staff members (one female and one male from Group ‘B’ & ‘C’)
D. 3 PhD students (two females and one male)
E. An External female member (preferably lawyer by profession or from NGO committed to the cause of women or familiar with issues related to sexual harassment)
6. One of the members shall be a woman belonging to the Scheduled Castes or the Scheduled Tribes or the Other Backward Classes or minority community notified by the Central Government, from time to time
7. The term of each member shall be of 3 years
How to file a complaint & how this committee work:
Any aggrieved women may make in written a complain of sexual harassment at a work place to ICC, within a period of 3 months from the date of incident and in case of a series of incidents, within a period of 3 months from the last incident. 6 copies of a written complaint should be submitted to committee or any member along with list of witness and supporting documents.
Any complaint received by the member should be immediately forwarded to Presiding officer
The committee shall discuss and decide on its jurisdiction to deal with case or reject the complaint.
The committee will provide assistance to aggrieved women, if she chooses, to file a police complaint in relation to offence.
No monetary settlement shall be made as the basis of conciliation.
If conciliation is found to be not feasible, notice will be issued to both parties for hearing.
Submission of Report’s by Internal Complaint Committee:
(1) The Internal Committee shall in each calendar year prepare, in Prescribed form and prescribed time as may be prescribed, an annual report and submit the same to the employer and the District Officer.
(2) The Institute shall include in its report the number of cases filed, if any, and their disposal under this Act in the annual report of the Institute or where no such report is required to be prepared, intimate such number of cases, if any, to the District Officer.