Who is an external member for PoSH?

Introduction

Workplace sexual harassment results from power dynamics between the accused and the victim. Power dynamics exist at every level of the organization. The same applies to the PoSH Committee constituted under the PoSH Act, 2013. This committee is the Internal Complaints Committee (ICC) or the Internal Committee (IC). Power dynamics can often creep into case investigations by the ICC. Thus, it requires the nomination of an external member for PoSH.

The external member for PoSH acts as a neutral third party that keeps the bias of the ICC in check. Both the PoSH Act and Rules lay down certain guidelines for the nomination of an external member. Yet, the external member’s duties, roles, and responsibilities remain unclear. But the judiciary has determined the role of the external member for PoSH.

Provision for an external member for PoSH

As per Section 4 of the PoSH Act:

• A senior female employee should head the PoSH Committee,
• At least half of the PoSH Committee members should be women, and
• One member should be from an NGO or an association that works for women’s empowerment. They can also be a person who is familiar with issues related to sexual harassment.

As per the PoSH Rules, a “person familiar with issues related to sexual harassment” is an expert in such issues. These include:

• A social worker with at least 5 years of experience in social work. Such social work should create favorable conditions for women’s empowerment. It should address workplace sexual harassment.
• A person who is familiar with labor, service, civil, or criminal law.

Such a person will be appointed to the PoSH Committee as an external member for PoSH. Yet, neither the Act nor the Rules explain the role of the external member and ignore the provision.