All about an External Member under the PoSH Act

Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, more commonly known as the PoSH Act, requires every employer to constitute an Internal Complaints Committee now called the Internal Committee (IC) to emphasize its role beyond addressing complaints. The IC shall have a minimum of four members one of which shall be the external member.

Make your Organization PoSH Compliant
 

Eligibility of an External Member of the IC under the PoSH Act

Section 4(2)(c) of the PoSH Act states that one person of this Committee shall belong to a non-govrnmental organization (NGO) or any association dedicated to the cause of women or is familiar with issues revolving around sexual harassment. This person is referred to as the external member as they are selected from outside the organization.

A person familiar with the issues related to sexual harassment is defined as a social worker who has at least 5 years’ experience in social work which results in the creation of societal conditions that favor the empowerment of women and address workplace sexual harassment in particular, or a person who is familiar with labour, service, civil or criminal law under the Sexual Harassment of Women at Workplace Rules, 2013 (hereinafter referred to as the PoSH Rules).
 

The need for an External Member of the IC

The PoSH Act, 2013 envisions the appointment of an external member to the IC to have an impartial party on the Committee. Including members only from the organization lessens the credibility of the Committee in the eyes of the employees. The presence of a neutral party in the Committee ensures that the investigation of any sexual harrasment complaint and any order arising from it is free from bias and prejudice and serves in the interest of justice.

Get External Member Nomination for your Organization
 

Qualifications of an External Member of the IC

Finding an individual who qualifies as an external member can be a complex task for an organization given the absence of procedural guidelines for the same. Therefore, a lot of employers are uncertain regarding who to appoint as an external member for their organization. In addition to the eligibility criteria laid down in Section 4(2)(c) of the Act, following are the other qualifications that an external member must possess:

1. Understand the role of the external member of the IC and verify their legal records as well as their credentials.

2. Choose someone with past experience in sexual harassment law. It is important to ensure that the person has the skill and capacity to deal with sexual harassment complaints at the workplace.

3. The person must have a sound understanding of legal processes and procedures.

4. Ascertain that the person will act in an unbiased and neutral manner while discharging their duties as an external member.

The expertise of the person must enable the IC to act effectively and ensure fair and prompt redressal of sexual harassment complaints.

Further, an external member in the IC can be of any gender. It is not necessary for them to be female. 

Make your Organization PoSH Compliant
 

Disqualifications of an External Member of the IC

Following are the disqualifications of an external member as laid down under the PoSH Act:

1. If a person has been convicted of an offence, or 

2. There is an inquiry pending against them, or

3. They are found guilty in any disciplinary proceedings, or

4. Any disciplinary proceeding is pending against them

A person shall not qualify to be appointed as the external member of an organization.
 

Role and Responsibilities of an External Member of the IC

The external member of the IC is expected to:

1. Act as a neutral and unbiased party to ensure the complainant that the IC is free from partiality and any possible pressure that the internal members of the IC may be under,

2. Aid the Committee’s structure by their inclusion and provide an outside insight and perspective to the IC and expedite, aid, and facilitate them in the discharge of their duties, and

3. Garner the trust of the employees and be accessible to them easily.

   Get External Member Nomination for your Organization
    

Fees of the External Member of the IC

Rule 3 of the PoSH Rules lays down that the external member shall be entitled to a nominal fees of two hundred rupees (Rs. 200/-) only for holding the proceedings of the IC alongwith the reimbursement of the travel cost incurred by them.

In conclusion, look for someone who has actually set up PoSH compliance from start to finish, rather than someone who only writes policies or does training. Someone who has completed investigations before and knows everything from the kind of papers required to how to perform one is a suitable match for the role. Appointing someone who is not only gender neutral but also knows the culture of the company. A person who fires people simply to get them to comply is inadequate and will not be able to fulfill the role of an external member.