The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, requires every workplace with ten or more employees to constitute an Internal Complaints Committee. Section 4(2)(c) names the categories of person who may sit on the committee as the external member: a person from a non-governmental organisation or association committed to the cause of women, or a person familiar with the issues relating to sexual harassment.
What the external member actually does
The external member is not a tie-breaker. The external member is a statutorily mandated check on three risks:
- Insularity. A committee composed entirely of employees risks reproducing the workplace’s own hierarchies. The external member dilutes that.
- Procedure. The Act and the 2013 Rules prescribe a quasi-judicial inquiry. Procedural lapses can defeat an otherwise valid finding. An external member with legal grounding helps the committee stay within the procedure.
- Confidentiality. Section 16 of the Act and rule 12 prohibit the publication of the contents of the complaint, the identity of the parties, the witnesses, and the conciliation or inquiry proceedings. The external member is independent of the workplace and reduces the risk of inadvertent disclosure.
What the role is not
The external member is not the chair. Section 4(2)(a) reserves the chair for a senior woman employee. The external member is also not the investigator. The committee acts collectively.
Practical points for organisations
- The term of an external member is up to three years, extendable.
- Sitting fees and travel expenses are governed by rule 7. Honorarium is permitted under the rules.
- The external member should be invited to every sitting where a complaint is heard. Quorum failure invalidates findings.
Engaging counsel as external member
A practising advocate who is familiar with the procedural framework, evidentiary standards, and confidentiality obligations can sit as the external member on an organisation’s Internal Complaints Committee. The role is statutory and does not entail solicitation of work.
This post is informational. It is not legal advice. The chamber takes briefs only after a conflict-check.