(a) Firstly, the organisation should ensure that they have a comprehensive policy, in place, on prevention, prohibition and redressal of sexual harassment at the workplace that deals with (a) the functioning of Internal Committee; (b) the role and responsibilities of its members; (c) the mechanism of handling the complaint by Internal Committee; and (d) the timeline for redressal of the complaint.

(b) In order to mitigate any possibility of arbitrariness and lack of transparency, the organisations should ensure that there is a presence of an external member in Internal Committee, who is objective, unbiased, and shielded from any pecuniary association with the organisation.

(c) If any member, including the presiding officer of Internal Committee, has any personal interest in the matter, he or she should not be involved in that matter and the complainant should be heard by the remaining members of Internal Committee (in accordance with Rule 7(7) of the Sexual Harassment of Women at Workplace Rules, 2013 (“POSH Rules”) which prescribes that a minimum of three members including the presiding officer must hear a matter).

(d) Regular workshops to ensure that the members of Internal Committee receive appropriate training to comply with the procedure contemplated under the POSH Act and Rules and the principles of natural justice are complied with while conducting inquiries into the complaints of sexual harassment at the workplace. For example:

i. Upon receipt of the complaint, one copy of the same shall be sent to the respondent (within seven working days) [Rule 7(2), POSH Rules];

ii. The respondent shall be given the right to file his reply in writing along with the list of documents that the respondent seeks to rely upon (within ten working days) [Rule 7(3), POSH Rules];

iii. The complainant, as well as the respondent, should be given an opportunity to lead evidence, both documentary as well as through witness, and also to cross-examine the witness by the other party;

iv. At any time during the conduct of the inquiry, a minimum of three members of the Internal Committee must be present, which must include the Presiding Officer or the Chairperson;

v. In case, the complainant or the respondent fails to appear, without sufficient cause, for three consecutive hearings, the committee has the power to terminate the proceedings or give an ex-parte decision on the complaint. However, before passing such an order, the Internal Committee is required to give notice, in writing, fifteen days in advance to the party concerned [Rule 7(5), POSH Rules];

vi. The Internal Committee shall provide a report of its findings to the employer, which must contain the reasons on the basis of which, it has arrived at its findings and its recommendations (within ten days of the completion of the evidence) [Section 13, the POSH Act].

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