Internal complaints committee under sexual harassment act :its

relevance and effectiveness

*Dr. Kavita Dhull

Late chief justice J.S. Verma justice Verma Committee report 20131 “Time has come when
Women must be able to feel liberated and emancipated from what could be fundamentally
oppressive conditions against which an autonomous choice of freedom can be exercised
and made available by women this is sexual autonomy in the fullest degree”

Sexual harassment
Aggrieved women who is working in the employment or visiting a workplace or is a student.
Working can be classified as domestic worker, regular, Ad-Hoc, temporary, daily wager and
might be working for remuneration for a voluntary basis or otherwise. Maybe she is
employed directly or through an agency she can be a contract worker, professional, training,
apprentice and can be called by any such name.2
Workplace
It is a place which includes organised and unorganised sector. The organised sector includes
commercial, vocational, educational, sports, professional entertainment, industry, health,
related for financial activities .Unorganised sector includes the sale of goods for providing
service of any kind for example  a dwelling place or a house, a person or a household
who employs or benefits from the employment of domestic worker, irrespective
of the number, time period or type of such worker employed, or the nature of the
employment or activities performed by the domestic worker, will be considered
as the employer.3

Women are the victims of such sexual harassment because a certain reasons
1. Male dominance in all the phases of life Woman experiences the dominance of male and
being the member of the patriarchal society she experiences battering, similar incidents of
domestic violence in whole of her life once ad may be more than once. This always leads a
very deep impact on her mind which she is unable to shrug it off.

2. Economic dependence Even if the female is earning, male has the dominance of earnings.
She will look after the family, children except and the wife does this on her own and she does
not get any kind of financial help from the husband

3. Sudden influx of women Women are doing more and more work in the fields where even
men could not think of, the traditions they have broken and sudden influx of women also
surprised them and they could not handle the rise of the women .Because of this ,the women

1
* Assistant Professor, Department of Law, M.D. University, Rohtak
After the gang rape in Delhi on December 16,2012 Justice Verma committee was constituted to recommend
the amendments in the criminal law so as to provide for quicker trial and enhanced punishments . The
committee submitted its report on Jan 23, 2013. On these recommendations the Criminal Amendment Act 2013,
was passed.
2
Definition as given in Prevention of Sexual Harassment at the Workplace 2013
3
Definition as given in Prevention of Sexual Harassment at the Workplace 2013
also face lack of promotions, low salary, sexual harassment, embarrassment and humiliation
by the male employees 

Women tend to be in the low ranking positions which because of the goodwill and approval
of the superior they could not get promotions and they being the members of the biggest
society of the mankind, the males they are unable to digest about the progress of the females
and for that reason the most of the times only for their self esteem these acts of sexual
harassment take place. Sexual harassment cases if not reported is a very serious failure of the
machinery. Most of the cases do not go beyond telling the colleagues and their family, friends
about the various superior males have done in the office most they are patiently absorbed and
this absorption give the strength to the persons doing it. He has a mindset that if she does not
complain then he can proceed with the actions to the same lady on the earth or to the other
ladies as well.

NCRB4 report of 2018 claims increase in the number of the cases of crime against women as
compared to the corresponding years. Sudden increase in the crime is alarming but most of
the credit goes to the #me too movement which started on twitter .Some of the public figure
have levelled sexual harassment charges against men who occupy a powerful positions which
nobody could even think of raising their eyelid .The women are levelling heinous charges.
The anger, the guilt buried for so many years have come out. No Act of the Parliament could
ever do that which a simple movement in which the women only relate the incidents
happened with them in the past and they were not able to raise their voices or if they raised
their voice, ended up in more humiliation and repercussions from the society. This “name and
shame” mechanism had more impact on the women instead of the Act itself.
According to the NCRB report of 2018, 36 percent of the companies and 25% of the
multinational companies had not yet constituted their Internal Complaints Committee
although Law makes it mandatory and have a penal consequence of fine of 50,000/- rupees.
Chapter 7 of the latest economic survey5 2017-2018, INDIA shows that in 2006 50.4%
females do not support wife- beating. This shows that females support the crime and it is not
easy for a woman to speak against the perpetrator. This practice of “victim blaming” is
predominantly more prominent in most of the societies.

 In 2010, Delhi High Court case Dr Punita K Sodhi vs. Union of India 6 the act of the accused
started in 2002 and till 2007 sheet filed a complaint what is the time period between 2002 and
2007 this period is the actual period which has to be worked out the act says that the internal
complaints committee on receiving such complaint the committee will work in six stages to
make the person file a complaint is the important function it is the same as in dowry
prohibition Act 1961 Domestic Violence Act 2005 Section 498 a IPC 1860 the woman can
find the complaint within 3 months from the date of the incident and the committee can also
extend the time limitation of another 3 months if it is satisfied with the circumstances

The ministry of women and child development 7 has launched a she box online platform for
reporting the cases of sexual harassment at the workplace this facility of she box can be used
by both Government and private sector employees she box means sexual harassment
4
National Crime Record Bureau ,report of 2018 at ncrb.gov.in retrieved on May 28,2019
5
Chapter7: Gender and Son Meta- preferences: Is development itself an antidote? Economic Survey 2017-
2018 . Volume 1.Ministry of Finance, govt of India retrieved on 31 May ,2019 ; http://mof app.nic.in
6
Dr Punia K Sodhi v. Union of India &ors http://indiankanoon.org/doc/87321004/
7
Ministry of Women and Child Development www.sss.ac.in launched a site of she- box to help the women and
children
electronic box it can be accessed at www.sss.ac.in which insurance the effective and insured
implementation of the act even a small complaint will be dealt immediately the users are free
to accept the resources available on she box for creating awareness and most importantly the
ministry promises to ensure that the identity of the aggrieved women complainant is will be
kept confidential this is a very positive step the lady is not able to make a complaint then
we'll have to wait for the incident again and if the person after 1 Euro show the priest incident
then the lady if she chooses to go to the internal committee then the incident that happened
previously will raise a negative presumption against the aggrieved lady the people the family
those give her a million dollar suggestion of not pursuing the case will take a back seat and
she has other to remain silent for the previous act or has to pay for not pursuing the case

Complaints committee
Complaints committee works in six stages
1. Receive/ acknowledge the complaint
2. Prepare the file
3. Interview
4. Reasoning
5. Findings and Recommendations
6. Report

 Stage 1
In receiving and acknowledging the complaint the complaint has to be actually reviewed and
discussed in the committee as about the clarity of the complaint should  have following
ingredients 

1. It should be addressed to the internal committee members and not to the employer.
2. It should be concise simple language and can be understood easily.
3. It should have all the details of the exact incident date time witness if any.
4.The circumstances preceding and proceeding the incident or to be written in that
complaint.
5. Any circumstance that the aggrieved women want this is just the and welcome gesture
should be elaborately written in the complaint.
6 .All the documents in whatever format which support the version of the complainant for
example SMS, e- mail, video, audio, screenshot, photograph call details itself or
important evidences in this case..
7. Details of the respondent as name designation whether subordinate colleague of
superior has to be clarified in the complaint.
 8. The facts should not be false uncoated frivolous incorrect.
 9. The exact relief sought should be given in the complaint clearly.
10. Written complaint of six copies are to be given as one copy each for the members and one
copy for the respondent which has to be given to him within 7 days.
The Complaints should be considered as those which are well drafted and the complaint if not
drafted well that will raise the presumption against the aggrieved woman in Shanta Kumar v.
Council of scientific and Industrial Research8 and in D S Grewal v.Vimmi Joshi and others9

The petitioner Vimmi Joshi was the principal of Army Public School and respondents
Brigadier D S Grewal and Colonel Hitendra Bahadur and the Chairman and Vice Chairman

8
http://indiankanoon.org.doc decided on 31 oct , 2017
9
http://indiankanoon.org.doc decided on 17 dec,2008
of the school. She complained to Brigadier Grewal the chairman about the advances made by
the Colonel Hitender Bahadur but she was terminated as a result of the complaint. This is a
clear case of not only taking cognizance but disrespecting the Act itself and undermining the
dignity of the women finally the court appointed three members committee to look into the
matter and fine was imposed on the school authorities for not constituting the internal
committee and taking cognizance of the complaint.

Another case Medha Kotwal versus Union of India 10 where the civil services conduct rules
1964 word amended to include sexual harassment at the workplace the main object was only
to implement the rules laid down in Vishaka judgement 11 the rules were amended in 2014 as
to include prohibition of sexual harassment Shanta Kumar versus Council of scientific and
Industrial Research12 in 2010 the regular committee was already there but an Ad Hoc
disciplinary committee was formed which was having the most of the members subordinate
to the respondent only to accelerate the respondent of the charges levelled against him some
of the highlights of the case were that

# The original complaint does not have the word sexual harassment but the forwarded portion
used the word sexual harassment
# Use of unparliamentary language ,a case of altercation and uncongenial environment in the
office does not always gives rise to the sexual harassment.

# All physical contacts cannot be termed as sexual harassment although the incident is
deplorable but does not qualify the sexual harassment contacts should be the part of the
sexual determined behaviour. Such physical contact must be the context of  which is called
sexually oriented.
# Delay in filing the complaint can be condoned only for 3 months on giving appropriate
reasons for delay in filing the complaint can only give rise to the presumptions. 13 Most of the
cases of sexual harassment occur in hierarchical situations as the person in power is the one
who carries out harassment when the matter of motion for removal of justice Gangele 14 the
High Court of Madhya Pradesh for an act of sexual harassment against a woman additional
District and session judge of Gwalior bench. The discussion of the charges happened in the
report of enquiry committee constituted under the judges enquiry act 1968 in 2015 Despite
the charges of sexual harassment, victimization for not submitting to immoral demands
,misuse of power to deliberately transfer from Gwalior to Sindhi all the charges were dropped
and were not proved now the complaint suffers various problems as
1. No complaint committee was constituted as for the redressal of complaint made by the
victim
 
2. The risk of retaliation is very high as when victim opposes the act
3. Various problems faced in the committee for as constitution of the committee was the
important.  unfair practices and other problems which were faced during the enquiry 

10
http://indiankanoon.org.doc decided on 19 oct,2012
11
Vishakha and others v. State of Rajasthan and others AIR 1997 SC384
12
Supra, 8
13
In the law of evidence a presumption of a particular fact can be made without the aid of proof in some
situation. The invocation of a presumption shifts the burden of proof from one party to the opposing party in a
court trial
14
In Oct, 2018 The Women Additional District and Sessions Judge quit her position after accusing the Madhya
Pradesh High Court Judge . Justice Gangele of Sexual Harassment. Although charges were not proved against
him
The Medha Kotwal15 case actually made it easy as the victim can approach the high court in
cases of non-compliance or non adherence to the Vishakha guidelines16

Vidya Akhave vs Union of India17 the court stated that the responsibilities of the employer is
1. To ensure the safeguards to protect the women from any kind of harassment by
constituting the Complaints committee
 
2. The employer should fulfill all the duties to accept the complaints from victims
 3. To display the penal consequences of sexual harassment
4 Organised workshops and awareness programs to sensitize the Employees on sexual
harassment at workplace
5 To provide facilities to the internal committee to conduct enquiries and deal with the
complaints

 Stage 2 Prepare the file

Documentation is the important part of the enquiry. Most of the times the victims may not
have the documents to prove and witness to testify. The case can only be proved, disproved
by the documents and the witnesses. The behaviour of the accused and the victims is also
important for the case where the documents or the witnesses are not there but there was every
possibility of the Witness to be there and inordinate, unexplained delay in filing of the
complaint Biased or using prevention of sexual harassment Act as a weapon is then there then
presumption sets in. The committee cannot be judgemental or express views which might
prejudice while conducting the enquiry. Before this enquiry the committee on the request of
the aggrieved women take the steps to come to the settlement. No monetary settlement can
take place.18 when any such settlement is arrived then the committee will only record the
statement and forward to the employer.19 The copy should be given to both the victim and
their respondent.20 No further enquiry shall be conducted by the committee. 21 If any of the
terms and conditions is not complied then the victim can again pursue the proceedings with
the Committee or report to the police station.22

Where there is no alleged witnesses the burden of proof whether in civil or in criminal
proceedings it is always on the victim who complaints. In criminal proceedings the charge by
the prosecution will have to be proved beyond reasonable doubt because the penalty restraints
on personal liberty. In civil cases, the burden of proof is preponderance of probabilities but
after so many years it has been established that gender specific offences are committed where
there is no third party presence and the respondents’ inherent nature will try not to leave any
corroboratory evidences. In such situations instead of panic a principal has been involved
15
Supra,10
16
Supra,11
17
www.nishithdesai.com>newsid>html on 31 jan , 2017
18
Sec 10(1) Prevention of Sexual Harassment in the Workplace 2013 hereinafter called POSH
19
Sec 10(2) POSH
20
Sec 10(3) POSH
21
Sec 10(4) POSH
22
Sec 11(1) POSH
that the testimony of the woman has to be appreciated and its credibility determined and the
defence of the accused has to be analysed . So presumption is altogether mainly directly
proportional to the burden of proof and presumption is that whatever the victim, the woman is
testifying is correct and is proved beyond reasonable doubt. Now the respondent has to come
into defence to prove the things to this part that nothing of this sort happened or his intentions
behind the act. Many professions are structured to include certain form of social interactions:
a woman's presence at such event does not imply her acquiescence to the culture and practice
in such space.23 The past romantic relationships for continuing romantic relationships for
cases misunderstood or dismissed as “relationship gone sour” cases where no employer can
turn a blind eye even and instances of domestic/ marital/ intimate /live in relationship .A “no”
has to be literally interpreted and cannot be read between the lines. Supreme Court in recent
pronouncements on privacy24 and adultery25 has recognised the bodily and sexual autonomy
of women as a fundamental right. what has to be see seen is whether the perpetrator has the
power and position to actually harass the victim and also the straight forward consensual
relationship26 the superior subordinate relationship has to be kept in mind while determining
the probability of sexual harassment, evaluating the response of the women, her subsequent
conduct. It must be kept in mind while determining the penalty.27

Stage 3 and 4 proceedings

The Complaints committee has the power to summon any official paper or document
pertaining to the aggrieved women. The Complaints committee also has the right to make the
decision ex parte in the circumstances where the respondent has failed to appear before it
without any valid reason. The reason to be valid depends on the discretion of the members of
the committee. This is where presumption sets in. That the respondent not appearing before
the committee and does not have anything to say in his defence. Here the efficacy of
complaints committee can only be done by arranging the workshops in the offices and
teaching ingredients which constitute as sexual harassment. To come before the committee if
you are called as a respondent or as a witness understanding the act by the members is
important. Only making the Complaint to the committee is not enough. Internal complaints
committee made in a hurry only on a complaint does not make the environment safe. 28 The
competence of such committee is put to question the internal complaints committee is a fact
finding committee and is not gender neutral but we do not have a committee where male
employees can file a complaint against female employees because of this reason the internal
complaints committee automatically, inadvertently becomes a Women Oriented committee
where women employees can file the Complaints against their male colleagues, bosses and
subordinates about sexual harassment at the workplace. The aggrieved woman and the
respondent are responsible to present their witnesses before the committee and if a committee
is convinced and there is a valid reason for the respondent or the witness not to appear before
the committee. The committee can adjourn the proceedings for a period not exceeding five
days. Afterwards again the particular person is not able to attend the meeting the meeting of
the committee will be conducted and this will be taken as against the respondent.
23
Rupal Deol Bajaj v. K P S Gill AIR 1996 SC 309
24
Justice K S Puttuswamy v.Union of India decided on August 24,2017
25
Joseph Shine v. Union of India decided on 19 Dec 2018
26
Quid pro quo as POSH 2013
27
Reshma MG v. All India Radio fle no CIC/AIRCL/2017/101742/SD decided on 4/1/18
28
Supra,9
All the proceedings should be in writing. The witness testified should be endorsed in person
and the committee members present in token of authentication. Minutes are to be reduced in
writings on the same day. Audio recordings of the proceedings if made can be reduced in the
writing on the next available opportunity. If the aggrieved women tender any document by
way of evidence than the true copy of the evidence will be supplied to the respondent and if
the respondent tenders any document as an evidence that the same can be supplied to the
aggrieved women as well. The aggrieved women and the respondent have the right to cross
examine all the witnesses. Cross examination shall be conducted in the form of written
questions and responses via the committee itself. The respondent has no right to directly cross
examine the aggrieved women or the witnesses. Both of them can submit the written
questions that they desire to pose to the witness or to the other party.

The committee can disallow any question if that question appears to be irrelevant, slanderous
derogatory or gender insensitive. Amicus curie29 can be called to help committee if required.
This is the end of the proceedings of the committee regarding the interviews and reasoning
conducted in relation to aggrieved women and the respondent.

Stage IV
report of the committee

This is the most important and regulatory part of the committee. The employer is under an
obligation to comply with the report of the committee. After listening to the version of both
the aggrieved women and the respondent and also appreciating the evidences of both the
sides ,the enquiry committee makes the report of the enquiry. The important points involved
are ;
1. HEADING OF THE ENQUIRY

      It should be written as what was the reason for conducting the enquiry and what are the
acts or regulations in which this inquiry committee has been constituted.

2 . COMPOSITIONS OF THE MEMBERS

The inquiry should be done by the members of the standing committee and in the report the
references of the members who took part in the inquiry should be written by names and their
decision thereof.

3. BRIEF NARRATION OF THE FACTS INCIDENTS IN CHRONOLOGICAL

ORDER SORTED BY DATE AND IF ON THE SAME DAY THEN SORTED BY
TIME

29
According to Webster’s dictionary Animus Curie means “an impartial adviser to a court of law in a particular
case
All the facts or the incidents relevant to the issue should be quoted in the report given by
either party the aggrieved or the respondent. All the evidences or the relevant testimonies of
the witnesses if any should be quoted which helped the committee to come to some
conclusion. The truth of the incident should be put in the order of the event as per the dates
on which it happened or if it was in the single day then the order of the event as per the time
it took place based on the evidences recorded by the committee. The committee is a fact
finding committee. The court considers the findings of the committee as final if the
proceedings are as per the procedure laid down in the Act.

5. DETAILED NARRATION OF THE EVIDENCES AND TESTIMONY OF THE

WITNESSES
Summary of all the relevant evidences and testimonies which are appreciated y the committee
in coming to the conclusion as the fact of the incident was proved, disproved or not proved by
the aggrieved women or the respondent. The evidences appreciated by the committee should
be discussed in detail and should be recorded in writing . The decision should be reasoned
decision and the punishment given should be justified according to the findings of the
committee .

6. DATE WISE PROCEEDINGS OF THE ENQUIRIES

The time period, which the committee has taken for considering the application. The number
of days the committee has given for the examination of witnesses. The number of days which
the enquiry has been conducted .The time, which was given if asked by either of the parties.
All the proceedings are to be in writing. The statement of the witnesses, the statement of the
aggrieved and the statement of the respondent are to be in writing. The date wise proceedings
they have taken place in the enquiry committee.
7.  FACTS THAT EMERGED FROM THE ENQUIRY

After deposition of all the witnesses the aggrieved and the respondent, the committee which
has emerged with the exact narration of the facts corresponding to the statements which were
given by all the people who came before the enquiry committee acknowledges that would
have taken place in respect to the evidences and the statements the documents which are been
produced in the enquiry.

8 RECOMMENDATION OF THE COMMITTEE

The committee is found the allegations against the respondent has proved then it shall
recommend the nature of the action taken by the institution the following actions may be
recommended written apology warning reprimand for sure withholding of promotion
withholding of pay rise or increments undergoing a counselling session carrying out of
community service terminating of the respondent from service any other punishment
according to the service rules applicable to the respondent

And if the committee arrives at the conclusion that the allegations against the respondent is
malicious and the aggrieved woman making the complaint knows it to be false led any
document as an evidence then it may recommend the institution to take the action against
such falsification.

9. EXHIBIT THE EVIDENCES PRODUCED BY THE AGGRIEVED OR THE

RESPONDENT DURING THE ENQUIRY
All the evidences the documents ,audio ,video, SMS or in any form which have been
produced in the enquiry by the aggrieved .The evidences are to be exhibits as termed as 123
and so on. Which case has been relied on and the enquiry committee which has
acknowledged or appreciated as an evidence against the respondent or the evidence of the
malicious prosecution by the aggrieved. All such evidences are to be put in as the record.

    It is the decision of the committee with various members so it is possible that members
may not have a unanimous view so a “note of dissidence” has to be written in the report as
well about the member who has not supported the in unanimous view of the other members

Various case Laws on the working of the internal complaints committee

KPAnil Rajgopal vs State of Kerala30 petitioner aggrieved on the findings of the committee.
Enquiry committee found that the petitioner should apologize a penalty. The court found that
merely because an allegation is made to the female employee does not constitute sexual
harassment. It should have the ingredients of section 2 of the act of 2013 prevention of sexual
harassment

In Gaurav Jain vs Hindustan Latex family planning promotion trust record 31 found once the
detailed findings of the committee are given ,unless the findings are perverse the court cannot
interfere with the findings .If there is no such as evidence in court, the court will take the
report of internal complaints committee as per se.
Jaya Kodate v. Rashtrasant Tukdoji Maharaj Nagpur University32 three teachers of zoology
physical education and maths discipline filed an identical writ petition against the same
college. The internal complaints committee chairman submitted her report in closed envelope
and the three members submitted the other report concerning the same matter in the other
envelope the NGO member also submitted the report along with the two members now the
committee was constituted and the petitioner has to appear before the committee and seek
justice.

Sheetal Prasad Sharma vs State of Rajasthan33 internal complaints committee has to make
enquiry into the complaint in accordance with the principles of natural justice. The court
made it clear that the procedure followed by the committee.
The commitee shall ask for the list of the witnesses and documents.
The list and the documents should be sent to the delinquent officer.
The delinquent officer shall then submit the list of witnesses and documents in his defence.
Enquiry officer will then summon the documents of both the sides and ask the parties to
admit the same or deny.
If the respondent denied then the summons for the witnesses for their examination in chief
will be called and cross examination will be done.
The presenting officer can re-examine and then again there shall be cross examination on the
same points.

30
KP Anil Rajgopal v. State of Kerala (2018)1KLJ106
31
2015 SC online Del11026
32
(2014)SC online Bom 814
33
(2018)SCConline Raj 1676
Afterwards the defendant is called to present the case the list of witnesses and summons for
the examination in chief cross examination.
The same process will take place. With respect to the defendant and also the petitioner
The defendant must be present in the hearing where the witnesses are examined
The procedure adopted by the committee might be any but the intention should be to follow
the rules of natural justice.
If reasonable opportunity is not given to the defendant this amount to injustice and the
procedure cannot be termed as fair just and reasonable so the punishment orders was illegal
and cannot be sustainable in law

 Sarita Verma vs New Delhi municipal corporation 34 Findings of the internal complaints
committee were ignored by the employer. Court held that the report of the enquiry committee
will be treated as the findings of the disciplinary enquiry against the delinquent employee. It
is not a preliminary investigation but the enquiry itself.

 Tejinder Kaur versus Union of India35 Correct complaint not made to the internal complaints
committee for the local complaints committee but the application without any description of
this manner was given to the employer. The Complaints committee may only act on the
complaint of sexual harassment made to them through administrative authorities or suo moto.

 MS confidential v. Indian Institute of Corporate Affairs36 in 2018 the petitioner was not
given the documents of the material and the witnesses were not testified no fortunately of
cross examination was given and relying on the decisions of Manisha Sharma v. Union of
India37 and Pallavi Pandey v. Kendriya Bhandar38 the limitation time is 3 months and it can be
condoned by the committee for another 3 months only by providing reasons for not filing
application in time. This is the discretion of the Complaints committee and not the matter to
be argued upon.

In Ashok Kumar Singh v. University of Delhi 39 three reports were submitted by the internal
complaints committee to dated 30 June 2015 and 3rd dated 12th February 2016 by the Dyal
Singh Evening College. The petitioner was not allowed to cross examine or lead evidence in
his defence. This is the gross violation of the principles of natural justice as well as the
essential requirements of law. In all the reports of internal complaints committee it has failed
to categorical give the exact findings that the charge against the petitioner stands proved or
not proved. Court directed the internal complaints committee to give the fresh enquiry report
on the Complaints as already decided by the court. In Bidyut Chakraborty v. Delhi University
decided on 29 may 2009 that if witnesses do not feel to come forward and testified that they
cannot be asked to fill the question can also be asked to fill the question there in writing
without their names on it and within two weeks time this formality can be completed as
because the witnesses may not get influenced by the defendant in some cases as in Dr
Pushkar Saxena case.40 The petitioner would not be present at the time when the witnesses

34
(2016)LLR 785(2)
35
2017 SCC online Del 12221
36
2018 SCC online Del 6801
37
196 (2013) DLT 741
38
2013 SCC online Del 3029
39
(2017)LLR 1014
were giving answers in the questionnaire and a female defence assistant was only present at
that time.

CONCLUSION AND SUGGESTIONS

Sexual Harassment leads to an evil which the aggrieved women suffer mentally physically
and socially. There is no remedy to such person which think to curb the females only to ease
his self- esteem. The position of women in this world is actually responsible for the same as
the women herself will be reluctant to help her female colleague as they feel the
repercussions which might take place if they stand against the males due to male dominance ,
economic dependence, the cultural beliefs which make her go to the back foot .Due to the
#MeToo movement ,the she-box created ,the internal committee ,the legal awareness, the
decision of various cases by the court and he last and not the least the media which has made
women come up with the problems she was facing from long time . Zero reporting of the
cases is as bad as the frivolous complaints filed by the women. Reporting of cases and the
correct decision in time will make the women rely on the law. The Law is not merely the
paper law and is stringent in reality and assures women the due freedom in the profession.
Frivolous complaints are not at all entertained and this matter is so sensitive that the
committee and the courts take the due care and caution while deciding the case. Frivolous
complaints include the actual complaint given to the committee ,the forged , irrelevant
documents to prove the case against each other ,the interested witnesses from either side to
prove the case against each other and consideration of these points knowingly ,intentionally
by the members of the committee . The employer on receiving the report of the committee
has to give the compliance report within 30 days. Any action recommended by the committee
as

a. A written apology
b. Warning
c. Reprimand or censure
d. Withholding of promotion
e. . Withholding of pay rise or increments
f. Undergoing a counselling session
g. Carrying out of community service
h. . Terminating the respondent from service
i. Any other punishment according to the service rules applicable to the respondent

If not complied then the employer can be fined which may extend to the sum of fifty
thousand. The determination of compensation to the aggrieved woman shall be decided based on the
following facts:

1 The mental trauma, pain, suffering and emotional distress caused to the aggrieved woman.

2 The loss of career opportunity due to the incident of sexual harassment.

40
Dr Pushkar Sexena v. govt of NCT of Delhi & others on 16 may 012 http://indiankanoon.org.doc retrieved
on June 1 , 2019.
3 Medical expenses incurred by the victim for physical or psychiatric treatment

4 The income and financial status of the respondent

5 Feasibility of such payment in lump sum or in instalments

All the laws have to be applied with care and caution after following the rules of natural
justice , and following the procedure laid down in the Act itself . Procedure is extremely well
made that not only the rules are the guiding principles but there is enough room for the
application of the mind on applying the Principles. The identity of the aggrieved woman,
respondent, witnesses and proceedings of the Committee and its recommendations and the
action taken by the Institute shall not be published, communicated or made known to the
public, press or media in any manner and it will be outside the purview of the Right to
Information Act, 2005.

In the light of the above discussion we can make out certain suggestions for the good and
effective role of the complaints committee made under the Act

1. In May 2016 there was the amendment in the Act of 2013 , wherein the nomenclature
of the Internal Complaints committee was changed to Internal Committee .It was
made to make Internal committee not only a mere complaint resolving mechanism but
should work as per the key objective of the 2013 Act i.e. prevention of sexual
harassment .
2. The tolerant factor of the women is very disturbing. When she decides to raise her
voice against the employer the factors of fear, remorse, professional victimisations
come to play and this is where she has to choose to speak up or not. Where this choice
is given it is the defeat of the lawmakers that there law has not been able to make up
the confidence in her. This confidence can only be made by legal awareness and
suggesting those ways by which they can fight this fear.
3. Rules of Natural Justice should be followed strictly and if not followed then the
members can be fined up to the sum of fifty thousand.
4. High position of the perpetrator should not be the deciding factor in such cases .High
position also involves certain responsibilities as to keep the office environment safe
and secure. It can only increase the gravity of the offence if the perpetrator is in a high
position as in the cases of custodial offences.
5. Media should be directed only to give news and not to conduct media trial which
leads to grave injustice to the victim in many of such cases.
6. Report of the internal committee is of utmost importance as the Committee has the
powers of a civil court in the following cases - Summoning and enforcing the
attendance of any person related to the incident. , Requiring the discovery and
production of any documents, any other matter relating to the incident as decided by
the Committee from time to time. Compliance report must be given by the employer
in these circumstances and if the employer chooses to go against the committee then
the victim can again file the complaint against the employer itself as the abettor of the
 crime and can also file a complaint in the committee itself and also go in appeal in
the court
7. Seminars, workshops and mock drills should be organised by the committee in order
to spread the legal awareness in the employees and to make them understand that it is
not the part of the employment.
8. Vote of dissidence is a integral part of the report. It is not possible that all the
members are of the same view point. If any member chooses can give his/her
dissenting view then it should also be recorded in the report.