Skip to main content

Conciliation and Posh act 2013

Conciliation is a method of resolving a conflict between parties by the use of a mediator. Only if the aggrieved party demands it, the Internal Complaints Committee (ICC) will facilitate conciliation as a means of resolving workplace sexual assault complaints.

Before conducting an investigation under section 11, the ICC should attempt to resolve the dispute between the aggrieved woman and the respondent by conciliation. It should be remembered that the respondent has no right to request conciliation) and that “no monetary settlement” shall be used as a ground for conciliation. Where a settlement has been reached, the ICC shall report the terms of the agreement and forward them to the employer, who shall proceed in accordance with the advice.

The ICC shall supply the aggrieved woman and the respondent with copies of the resolution as reported.

Where a settlement is arrived at, no further inquiry shall be conducted by the ICC.  Conciliation is a mechanism used by the ICC to offer a substantive approach to problems posed by complainants in a reasonable and impartial manner. A settlement, such as an oral/written apology or admission of guilt, to prevent a protracted court proceeding that may be costly, inconvenient, and frustrating.

There is no prescribed procedure by the Act, so the ICC has freedom to conduct it the way it seems appropriate and follow the principles of natural justice and gender sensitivity. 

Suggested procedure to be followed:  Only carefully examined and deemed minor offenses should be solved through conciliation and major offenses (As decided by ICC to be serious) should not be attempted by conciliation.

1. A written complaint by the victim/complainant and a written request for conciliation (either through mail or written complaint) is a must.  

2. Complainant may in such request, set out her terms for conciliation (cannot include terms for monetary settlement). 

3. The ICC has to provide a copy of the complaint and such terms of conciliation as requested by the complainant to the Respondent (alleged harasser).  

4. The ICC should choose an appropriate and comfortable venue for both the parties to initiate the talk. 

5. The conciliation has to be conducted by any member of the ICC chosen by the presiding officer. The external consultant may oversee the proceedings to eliminate any sort of bias. 

6. ICC has to document details of meeting between the committee representatives, the complainant and respondent (alleged harasser) in the conciliation proceeding.  

7. Once a satisfactory settlement has been arrived at, it has to be documented and signed by all the parties who were part of the conciliation procedure. 

8. A copy of the settlement has to be given to the complainant, the respondent, the employer and one copy to be filed by the ICC for their records. 

9. Any information related to conciliation in a matter of sexual harassment shall not be published, communicated or made known to the public, press and media. The settlement reached between parties i.e. ICC members, Complainant, Respondent (alleged harasser) shall remain utmost confidential.

Labels:

Comments

Post a Comment

Popular posts from this blog

The POSH (Prevention of Sexual Harassment) Act 2013 and the existing sections of the Indian Penal Code (IPC) Relationship

The POSH (Prevention of Sexual Harassment) Act 2013 and the existing sections of the Indian Penal Code (IPC) dealing with sexual harassment serve different purposes and have different legal frameworks. Here's a comparative overview of the two: 1. Purpose and Scope: • POSH Act 2013: This Act is specifically designed to address and prevent sexual harassment at workplaces. It defines sexual harassment, mandates the establishment of Internal Complaints Committees (ICCs) in organizations, and provides a structured process for filing and resolving complaints within the workplace. • IPC Sections on Sexual Harassment: The IPC contains various sections that deal with sexual offenses, but they are not specific to workplace harassment. These sections cover a wider range of sexual offenses, including rape (Section 375), outraging the modesty of a woman (Section 354), and others. These sections are applicable in general, non-workplace settings. 2. Applicability: • POSH Act 2013: Appl
Post a Comment
Read more

Posh in Higher Education Institutions in India

On July 25, 2022, an Odisha college student accused the school's physics instructor of rape and sexual harassment. The accused lecturer, who was the institution's reader, had also held the role of NCC officer in the Naval wing. Despite the female student coming to the institute with a formal complaint, the school's internal committee did not discover any proof of the claims she claimed. The probe didn't start until the Higher Education Department became aware of the situation. A Presidency University student from Kolkata filed a formal complaint with the internal committee of the university accusing Mahitosh Mandal, the former head of the department, of sexual harassment on July 17, 2022. It is believed that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is essential for protecting female employees from sexual harassment at the workplace. It is significant to highlight that educational institutions play a significant role
Post a Comment
Read more

Breaking the Chains: Unraveling Cultural Norms and Attitudes Contributing to Sexual Harassment in India.

Sexual harassment is deeply intertwined with cultural norms and attitudes that permeate societies, shaping perceptions and behaviors. This article delves into the examination of cultural norms, attitudes, and stereotypes in India that contribute to sexual harassment. It also explores strategies aimed at challenging and changing these harmful beliefs, fostering a cultural shift towards respect, equality, and a safer society. Cultural Norms and Attitudes: In India, cultural norms and attitudes often play a significant role in perpetuating sexual harassment. Traditional gender roles, patriarchal structures, and deeply ingrained stereotypes contribute to power imbalances and create an environment where harassment can thrive. The stigma surrounding discussions of sexuality and the perpetuation of harmful norms further impede progress toward a more equitable society. Stereotypes Perpetuating Harassment: Stereotypes surrounding masculinity, femininity, and societal expectations exacerbate th
Post a Comment
Read more