10 Common Mistakes of IC Members

Internal Committees (ICs) play a critical role in creating a safe and healthy work environment for women. ICs are established under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, to address complaints of sexual harassment in the workplace. However, there are common mistakes that IC members make, which can lead to the failure of the inquiry process. In this article, we will discuss the 10 common mistakes made by IC members and provide solutions to avoid them.

Lack of Proper Training: IC members must receive proper training to understand the legal framework and the process of conducting an inquiry. Members must be trained on the principles of natural justice and how to conduct an impartial and fair inquiry. IC members should attend regular training sessions to enhance their knowledge and skills.

Bias and Prejudice: Bias and prejudice can cloud the judgment of IC members, which can lead to an unfair inquiry process. IC members must conduct themselves in a neutral and unbiased manner to ensure that the inquiry is impartial.

Delay in Conducting Inquiry: Delay in conducting an inquiry can cause trauma to the complainant and adversely affect the inquiry process. IC members must ensure that the inquiry is conducted in a timely manner, and all parties are provided with a fair opportunity to present their case.

Lack of confidentiality: IC members must maintain strict confidentiality during the investigation and resolution process. Sharing information about the complaint with unauthorized individuals can harm the complainant and the respondent, will attract penalty under Sec. 16 of POSH Act read with Rule 12 of POSH Rules

Failure to Communicate: IC members must communicate effectively with all parties involved in the inquiry. They must keep the complainant informed about the progress of the inquiry and provide them with updates on the actions taken.

Inadequate Evidence Collection: Evidence collection is a critical aspect of the inquiry process. IC members must ensure that all relevant evidence is collected and documented in a systematic and organized manner. The evidence must be credible, relevant, and admissible in court.

Lack of Transparency: Transparency is essential to maintain the credibility of the inquiry process. IC members must ensure that the inquiry process is transparent, and all parties are provided with an equal opportunity to present their case.

Failure to Follow Due Process: IC members must follow due process and adhere to the principles of natural justice. They must provide the accused with an opportunity to be heard, present evidence, and cross-examine witnesses.

Lack of Accountability: IC members must be accountable for their actions and decisions. They must ensure that the inquiry process is fair, impartial, and conducted in a transparent manner.

Failure to Document Proceedings: Documentation of the inquiry proceedings is crucial to maintain a record of the evidence presented and the actions taken. IC members must ensure that the proceedings are accurately documented and the report is prepared in a timely manner.

IC members play a crucial role in preventing and addressing sexual harassment in the workplace. However, mistakes made by IC members can lead to an unfair inquiry process, adversely affecting the complainant and the accused. IC members must be trained on the legal framework and principles of natural justice to conduct a fair and impartial inquiry. They must ensure that the inquiry process is conducted in a timely, transparent, and confidential manner. IC members must adhere to due process, maintain accountability, and document the inquiry proceedings accurately. By avoiding these common mistakes, IC members can help create a safer and healthier work environment for women.

Take our ‘Problem Solving Courses’ and gain in-depth knowledge about becoming a IC member. To know more, visit: www.lexposh.com

#sexualharassment #poshact #lexposh