India has in recent years seen an upsurge in reporting of sexual harassment complaints. Statutory rights and protection accorded to women under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and allied rules (“SH Act”), coupled with social impact deliberations such as the #MeToo and Times’ Up movements have worked towards creating a proactive awareness, ultimately resulting in an increased reporting of sexual harassment incidences.
While a large number of sexual harassment complaints are being appropriately addressed and remedied internally, there is still a large pool of matters which are being appealed against the recommendations made by Internal Committees (“IC” or “ICs”). One often encountered ground of challenge is the manner in which the proceedings are conducted by the ICs. This challenge covers several aspects, including: (i) composition of IC; (ii) practices and procedures followed during inquiry proceedings; (iii) case sensitivity involved; (iv) extent of adherence to principles of natural justice; (v) confidentiality; (vi) quantum and nature of sanctions, etc.
Please click here to read the full article by Sonakshi Das, published in ET Edge Insights.
