THAMARAI SAKTHI is having group of Distinguished Lawyers to serve as ICC External Committee Members.

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An external committee member for an ICC (Internal Complaints Committee) is an independent individual, not employed by the organization, who serves on the committee to ensure impartiality when handling sexual harassment complaints. The external member must be unbiased, have a sound understanding of legal processes, and experience with sexual harassment issues. At least one member must be from an NGO or be a social worker with experience in women's empowerment, and at least half of the ICC members must be women. 

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Qualifications and role

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• Neutral and unbiased: The external member must be neutral and unbiased to ensure fair proceedings without internal pressure or conflicts of interest.

• No financial or employment ties: They should not have any employment or financial ties with the organization.

• Legal and social work expertise: They should have experience in sexual harassment law, legal processes, or be a social worker with at least five years of experience in women's empowerment.

• Familiarity with issues: They should be familiar with issues related to sexual harassment. 

 

Legal requirements

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• PoSH Act: The requirement for an external member is mandated by the Prevention of Sexual Harassment (PoSH) Act.

• Committee composition: At least one member must be from a non-governmental organization (NGO) or an association committed to the cause of women, or be a person familiar with issues relating to sexual harassment.

• Gender parity: At least half of the total members of the ICC must be women.

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An Internal Complaints Committee (ICC) is a mandatory body in workplaces and educational institutions, established to prevent and address sexual harassment. Its functions include developing anti-harassment policies, conducting inquiries into complaints, and promoting a safe and gender-sensitive environment through awareness programs and counseling. The ICC has civil court powers to summon witnesses and demand documents during its investigation. 

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Key functions of an ICC - Internal Compliance Committee 

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• Policy and Awareness: Develop and implement a policy against sexual harassment, and conduct awareness workshops to inform all employees and students about the issue.

• Complaint Redressal: Receive, investigate, and provide a fair hearing for complaints of sexual harassment. The committee must complete its investigation within 90 days of receiving a complaint.

• Secure Environment: Ensure a physically and socially secure environment for all, which includes providing a confidential and safe mechanism for reporting grievances without fear of retaliation.

• Counseling and Support: Offer counseling to those involved in a case and provide support to victims. 

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Powers and structure

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• Legal Powers: The ICC has the power of a civil court, meaning it can summon witnesses, examine them under oath, and request relevant documents and evidence.

• Mandatory Constitution: Every employer, including those with branch offices, is required to constitute an ICC. Failure to do so can result in penalties.

• Committee Composition: The committee must consist of a minimum of four members, including a Presiding Officer (who must be a senior-level woman employee), two employee members, and one member from a non-governmental organization or a social worker. 

 

How to file a complaint

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• A complaint can be lodged orally or in writing with any member of the committee.

• If oral, the member must put it in writing with the complainant's signature.

• Complaints should ideally be lodged within six weeks of the incident, though this can be extended in exceptional cases.