External Members on Internal Committees Redressing Workplace Sexual Harassment Complaints: Necessity or Obligation?

Abstract

Media reports and research conducted by various organisations in recent years have shown the extent of prevalence of workplace sexual harassment across industries in India. Despite a decade having passed since the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (‘2013 Act’) was legislated, the Supreme Court recently expressed its displeasure on the poor implementation of its provisions and issued directions to ensure strict implementation. However, is this
implementation necessary only to achieve compliance? A key aspect of this legislation that requires consideration is the inclusion of an External Member on the Internal Committee (‘IC’) constituted to inquire into workplace sexual harassment complaints. Although an External Member on the IC is mandated for compliance, the Rules made under the 2013 Act require only the Presiding Officer and two "members" of the IC for quorum, creating a loophole for organisations to dispense with the attendance of their External Member in inquiries. This article discusses, from a practitioner's perspective, the role of External Members in inquiries. Based on case-law and the author's decade-long professional experience working on such cases, the intention of lawmakers when necessitating the inclusion of an unbiased and experienced member on the IC, is explored.