11 tips for choosing an Internal Committee member

Nominating and appointing an Internal Committee is the responsibility of an employer under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) (PoSH) Act, 2013. An Internal Committee member should be a person who is qualified, unbiased, and committed to upholding the principles of the PoSH Act.

But the real struggle for employers in forming an Internal Committee comes with the selection of its members. To address this, let’s dive a bit deeper into what an Internal Committee is, who can be its members, and some tips on selecting them.

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What is an Internal Committee?

Under the PoSH Act, organizations with 10 or more employees must establish an ‘Internal Committee’ (IC) at each office or branch to address and resolve sexual harassment complaints.

It is a legally appointed authority, almost acting like a court within every organization, with minimum of three members appointed internally and one external industry practitioner. This Committee is awarded some of the powers of the Civil Court and has a final say on any decision of a sexual harassment case. Cases resolved by this Committee can only be challenged in the higher courts or Industrial Tribunal (depending on the time of appeal).

Who can be an Internal Committee member?

As an HR professional, employer, or leader, it is essential to keep in mind the mandates of the PoSH Act when setting up the Internal Committee and selecting an Internal Committee member:

• A senior-level female employee should head the IC
• An external member must act as a neutral party
• The Internal Committee should have at least 4 members (including the external member)
• At least half of its members should be women.

It is crucial that you follow these guidelines to avoid legal repercussions for your company.

Learn more about the constitution of the Internal Committee and why it matters

11 tips on selecting your Internal Committee member

As a Founder, Leader, and Promoter creating an Internal Committee is a crucial step in establishing a healthy work culture and ensuring a safe and inclusive workplace. But how do you go about selecting the right Internal Committee member? Here are some tips to help guide your decision-making process:

1. Identify the purpose and scope of the Committee

Before you start selecting members, it’s important to define the purpose and scope of the committee. This will help you determine the required skill sets and expertise of the members, as well as the number of members needed for the committee.

2. Ensure diversity and representation

It’s essential to have a diverse and inclusive committee to ensure that all voices are heard and represented. This includes diversity in gender, ethnicity, age, and experience. Make sure to consider the backgrounds and perspectives of potential members to ensure a well-rounded and balanced committee.

3. Evaluate skills and expertise

Select members based on their skills and expertise relevant to the committee’s purpose and scope. This may include expertise in HR, legal, or other relevant fields. Also, consider the interpersonal skills of potential members to ensure effective communication and collaboration within the committee.

4. Consider availability and commitment

Committee members should be committed to their role and have the necessary availability to attend meetings and fulfill their responsibilities. Make sure to communicate the expected time commitment and ensure that potential members are willing and able to commit to the role.

5. Ensure confidentiality and impartiality

Committee members must maintain confidentiality and impartiality to ensure a safe and respectful workplace. Consider the reputation and integrity of potential members and ensure that they can uphold these values.

6. Industry Knowledge and Expertise

When selecting members for the internal committee, it’s important to consider their knowledge and experience in the industry. Members with a deep understanding of the company’s industry and its challenges can provide valuable insights and perspectives that can help the committee make informed decisions.

If you’re a Founder, see our guide to selecting Internal Committee members

7. Number of Cases Handled

Another important consideration is the number of cases that each member has handled in the past. Members with a proven track record of handling cases can bring valuable experience to the committee and ensure that cases are handled efficiently and effectively. Make sure to consider the quality of their work and the outcomes of their previous cases when evaluating potential members.

8. Business Acumen

Having a member on the committee with strong business acumen can be beneficial in ensuring that the committee’s decisions align with the company’s overall objectives and goals. Consider selecting someone who has experience in strategic planning, financial management, or other relevant business areas.

9. Unbiased and Gender-Neutral Person

To ensure a fair and inclusive committee, it’s important to select members who are unbiased and gender-neutral. Look for individuals who are able to remain objective and make decisions based on facts and evidence rather than personal biases or beliefs. Additionally, it’s important to ensure that both men and women are represented on the committee and that gender bias is not present in the selection process.

10. DEIB-oriented Person

Selecting a committee member who is oriented towards diversity, equity, inclusion, and belonging (DEIB) can help ensure that these aspects are considered in all decisions made by the committee. Sexual harassment and gender-based discrimination is not straightforward experience, and hence, requires a team that gets it.

11. Empathetic and articulated communicator

A person who is empathetic and a good listener can help create a safe and supportive environment for the victim. Sexual harassment is a sensitive issue that can be difficult to discuss, and having someone who can empathize with the victim’s feelings can help them feel comfortable sharing their experiences. Effective communication is essential in ensuring that all parties involved in the investigation are informed of the process and their roles. Someone who is articulate can clearly communicate the committee’s decisions, ensure that everyone understands their responsibilities, and maintain transparency throughout the investigation.

At the end of the day, spend time with each and every nominated member and transfer your ethos to the nominated members of the team. Let them understand how important it is for you as a Leader to have them on this Committee. Lastly, invest in their training and knowledge building- the appointment is just the start of a very long, responsible, and legally binding journey.

How can Ungender help you?

At Ungender, our team of experts supports you with this crucial step of setting up your Internal Committee under the PoSH Act, 2013. Our experts guide you with the legal mandates and guidelines present in the PoSH Act and also the best industry practices that one needs to follow while setting up the Committee.

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Author: Pallavi Pareek is the Founder and MD of Ungender. Having handled more than 6000 sexual harassment and workplace misconduct cases, she is an expert in the field of workplace sexual harassment laws and in building diverse and inclusive workplaces. Pallavi is also the leading advisor, trainer, consultant, and external member for some of India’s biggest organizations in these matters. Her approach is grounded in research, and she draws upon the latest insights and best practices to inform her work.