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Checking relevance for Punjab and Sind Bank VS Durgesh Kuwar...

Punjab and Sind Bank VS Durgesh Kuwar - 2020 0 Supreme(SC) 618 : Section 4(2)(c) of the Prevention of Sexual Harassment of Women at Workplace Act, 2013 mandates that one member of the Internal Complaints Committee (ICC) be drawn from a non‑governmental organisation or association committed to the cause of women, or a person familiar with sexual‑harassment issues. The role of this NGO member is to provide an independent perspective, to aid, advise and assist the Committee, and to eliminate institutional bias in the ICC’s proceedings.Checking relevance for Subhash Kashinath Mahajan VS State of Maharashtra...

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Checking relevance for Vijayakumaran C. P. V. VS Central University of Kerala...

Checking relevance for Indirect Tax Practitioners Association VS Contempt Petition (Crl. ) No. 9 of 2009...

Checking relevance for Nagaram Balakrishna VS State of AP...

Nagaram Balakrishna VS State of AP - 2021 0 Supreme(AP) 230 : Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 mandates that an Internal Complaints Committee must include at least one member who is a representative of a Non‑Governmental Organisation (NGO) or an association committed to the cause of women, or a person familiar with issues of sexual harassment. The presence of such an NGO member is a statutory requirement for the ICC’s constitution.Checking relevance for Women in Cinema Collective VS State of Kerala...

Checking relevance for VIMALKANT BHANUPRASAD SHRIMALI VS IDMC LIMITED...

VIMALKANT BHANUPRASAD SHRIMALI VS IDMC LIMITED - 2022 0 Supreme(Guj) 437 : Under Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013, the Internal Complaints Committee (ICC) must include one member ‘from amongst nongovernmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment.’ This NGO member is a full member of the ICC, participates in the inquiry proceedings, and is entitled to fees or allowances paid by the employer as prescribed. The inclusion of an NGO representative ensures that the committee benefits from external expertise and a perspective focused on women’s welfare.Checking relevance for S. Ravi Selvan VS Central Board of Indirect Taxes & customs, Represented by the Chairman, New Delhi...

S. Ravi Selvan VS Central Board of Indirect Taxes & customs, Represented by the Chairman, New Delhi - 2022 0 Supreme(Mad) 3501 : Under the POSH Act, an Internal Complaints Committee (ICC) must include one member ‘from amongst non‑governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment.’ This NGO member is a full member of the ICC, participates in the inquiry, and is entitled to fees or allowances as prescribed by the employer. The NGO member, like other ICC members, must not contravene section 16 of the Act, must not be convicted of an offence, must not be found guilty in disciplinary proceedings, and must not abuse the position. If any of these conditions arise, the NGO member can be removed from the ICC and replaced by a fresh nomination.Checking relevance for Rashi vs Union of India...

Rashi vs Union of India - Delhi (2020) : Section 4 of the POSH Act requires the Internal Complaints Committee to include ‘one member from amongst non‑governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment.’ Accordingly, an NGO can be appointed as a member of the ICC and, as a committee member, takes part in receiving, investigating and recommending action on sexual‑harassment complaints, providing an independent, women‑focused perspective.

AI Overview...

NGO Role in Internal Complaint Committee (ICC) - Main points and insights:
NGO members participate in ICC to ensure gender sensitization and address sexual harassment complaints effectively. Mansi Gupta is identified as an NGO representative in multiple cases, asserting that the ICC's constitution is not biased ["Somaya Gupta VS Jawaharlal Nehru University - Delhi"], ["IND_Delhi_2018_DHC_5368"].
NGOs assist in grievance redressal mechanisms, including helping complainants register FIRs and ensuring proper procedural conduct. They are also involved in advocating for victims and ensuring the ICC operates without bias ["IND_Delhi_2018_DHC_5368"], ["IND_Delhi_2018_DHC_5368"].
NGOs are expected to cooperate with authorities, provide evidence, and participate in inquiries related to sexual harassment or other grievances. Their role includes ensuring transparency and gender sensitivity during investigations ["SHYAM NARAYAN MISHRA VS STATE - Delhi"].
The composition of ICCs, including NGO representatives, is scrutinized for bias; courts have held that the constitution is valid if no bias or prejudice is demonstrated, and NGO representatives can be part of the committee ["Somaya Gupta VS Jawaharlal Nehru University - Delhi"], ["IND_Delhi_2018_DHC_5368"].
NGOs also play a role in supporting victims, especially in cases involving threats, harassment, or misconduct, by facilitating communication with authorities and ensuring the complaint process is followed properly ["Anoop T S vs CPIO, PAO (ORs), MRC Wellington - Central Information Commission"], ["IND_Delhi_2018_DHC_5368"].
Analysis and Conclusion:
The role of NGOs in ICCs primarily revolves around ensuring fair, gender-sensitive inquiry processes, supporting victims, and maintaining transparency. Their participation is recognized as integral to effective grievance redressal mechanisms under the POSH Act and institutional policies.
Courts have upheld that NGO involvement in ICCs is valid provided there is no bias or conflict of interest, and their participation enhances the committee's credibility and sensitivity ["Somaya Gupta VS Jawaharlal Nehru University - Delhi"].
NGOs also contribute to the broader accountability framework by assisting in investigations and ensuring compliance with statutory provisions related to harassment and misconduct ["Anoop T S vs CPIO, PAO (ORs), MRC Wellington - Central Information Commission"].
Overall, NGOs serve as crucial stakeholders in internal complaint mechanisms, advocating for victims, ensuring procedural fairness, and promoting gender sensitivity within institutions.

References:- ["Anoop T S vs CPIO, PAO (ORs), MRC Wellington - Central Information Commission"]- ["Subhasish Das Gupta VS Superintendent of Central Bureau of Investigation, (ACB), Shillong - Meghalaya"]- ["SHYAM NARAYAN MISHRA VS STATE - Delhi"]- ["Abdul Rehman Mir vs D/o Home Ut Of Jammu & Kashmir - Central Administrative Tribunal"]- ["DEEPAK MANDAL Vs THE STATE GOVT. OF NCT OF DELHI AND ANR. - Delhi"]- ["IND_Delhi_2018_DHC_5368"]- ["IND_Delhi_2018_DHC_5368"]- ["IND_Delhi_2018_DHC_5368"]

NGO Role in ICC: Duties Under POSH Act 2013

In today's workplaces, ensuring a safe environment free from sexual harassment is not just an ethical imperative but a legal requirement. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013—commonly known as the POSH Act—plays a pivotal role in this. A key question often arises: What is the NGO role and duties in Internal Complaint Committee (ICC)? This blog post delves into the statutory mandates, judicial interpretations, and practical implications to help employers, employees, and HR professionals understand this critical aspect.

Understanding the NGO member's position is essential for ICC validity. Without proper composition, inquiries can be challenged and invalidated, leading to legal risks for organizations. Let's break it down step by step.

Main Legal Finding: Why NGOs Matter in ICC

The POSH Act mandates the inclusion of one member from a non-governmental organization (NGO) or association committed to the cause of women, or a person familiar with sexual harassment issues, in every ICC. This is outlined in Section 4(2)(c) to ensure independence and prevent institutional bias. Punjab and Sind Bank VS Durgesh Kuwar - 2020 0 Supreme(SC) 618 VIMALKANT BHANUPRASAD SHRIMALI VS IDMC LIMITED - 2022 0 Supreme(Guj) 437 S. Ravi Selvan VS Central Board of Indirect Taxes & customs, Represented by the Chairman, New Delhi - 2022 0 Supreme(Mad) 3501 Rashi vs Union of India - Delhi (2020)

The primary role of this NGO member is to aid, advise, and assist the ICC in inquiring into complaints. Their duties align with the committee's overall functions, such as maintaining quorum, conducting fair proceedings, and upholding natural justice principles. Failure to include a truly independent NGO member—or improper nomination—can vitiate the ICC's constitution entirely. Punjab and Sind Bank VS Durgesh Kuwar - 2020 0 Supreme(SC) 618

Courts have consistently emphasized this: Clause (c) of Section 4(2) indicates that one member of the ICC has to be drawn from amongst a non-governmental organization or association committed to the cause of women or a person familiar with the issues relating to sexual harassment. Punjab and Sind Bank VS Durgesh Kuwar - 2020 0 Supreme(SC) 618 Without it, the committee is bad in law. Nagaram Balakrishna VS State of AP - 2021 0 Supreme(AP) 230

Mandatory Composition of ICC

Section 4(2) of the POSH Act prescribes a clear structure for the ICC:- Presiding Officer: A senior-level woman employee.- Two or more employees (at least half women).- Exactly one member from an NGO/association committed to women's causes or a sexual harassment expert.

This composition ensures at least half the members are women. VIMALKANT BHANUPRASAD SHRIMALI VS IDMC LIMITED - 2022 0 Supreme(Guj) 437 S. Ravi Selvan VS Central Board of Indirect Taxes & customs, Represented by the Chairman, New Delhi - 2022 0 Supreme(Mad) 3501 The NGO member's presence is non-negotiable for organizations with 10 or more employees.

Purpose: Injecting Independence

The core purpose is to provide an external, unbiased perspective. As courts note, The purpose of having such a member is to ensure the presence of an independent person who can aid, advise and assist the Committee. Punjab and Sind Bank VS Durgesh Kuwar - 2020 0 Supreme(SC) 618 This counters potential institutional bias from internal members.

In a notable banking case, a panel lawyer was deemed non-independent, leading to a court directive: we see no reason or justification on the part of the bank not to accede to the request of the respondent for replacing Ms. Seema Gupta with a truly independent third party having regard to the provisions of Section 4(2)(c) of the Act. Punjab and Sind Bank VS Durgesh Kuwar - 2020 0 Supreme(SC) 618

NGO members participate in:- Inquiry proceedings.- Reviewing evidence and witness statements.- Cross-examination opportunities.- Decision-making to ensure fairness.

Term, Remuneration, and Removal of NGO Members

NGO members hold office for up to three years and are entitled to fees or allowances as prescribed, paid by the employer. VIMALKANT BHANUPRASAD SHRIMALI VS IDMC LIMITED - 2022 0 Supreme(Guj) 437 S. Ravi Selvan VS Central Board of Indirect Taxes & customs, Represented by the Chairman, New Delhi - 2022 0 Supreme(Mad) 3501

Removal is permitted only for specific reasons under Section 16, such as:- Contravening the Act.- Conviction or pending inquiry.- Disciplinary guilt.- Abusing position prejudicial to public interest.

Vacancies are filled by fresh nominations. VIMALKANT BHANUPRASAD SHRIMALI VS IDMC LIMITED - 2022 0 Supreme(Guj) 437 Rashi vs Union of India - Delhi (2020) This balances accountability with the member's advisory independence.

Judicial Enforcement and Common Challenges

Courts actively enforce compliance. For instance, Whether the Special Committee constituted by the 2nd respondent complied with Section 4 of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, since no member from NGO is present. Nagaram Balakrishna VS State of AP - 2021 0 Supreme(AP) 230 Ad-hoc committees bypassing ICC requirements are invalid.

Proper inclusion strengthens inquiries. In one case, an external counsel (not proven biased) satisfied the mandate. S. Ravi Selvan VS Central Board of Indirect Taxes & customs, Represented by the Chairman, New Delhi - 2022 0 Supreme(Mad) 3501 For senior officials, neutrality is even more critical. Rashi vs Union of India - Delhi (2020)

Insights from Broader NGO Contexts

While primarily focused on POSH, judicial views on NGO independence in other areas reinforce this. In a criminal intimidation case involving an NGO CEO in tribal projects, the court scrutinized affiliations to assess bona fides, quashing proceedings due to process abuse. Apoorva Oza VS State Of Gujarat - 2023 Supreme(Guj) 844 Similarly, in investigations, NGO involvement raised doubts when not properly documented: PW-3 and PW-4 claimed that they being NGO persons accompanied the complainant... It raises reasonable doubt in respect of the investigation. State VS Chandrakant @ Chandru Jaiswar - 2020 Supreme(Bom) 766 These highlight the need for genuine, verifiable NGO credentials to avoid challenges.

Exceptions, Limitations, and Pitfalls

Non-Independent Nominees: Must be truly external; panel lawyers or those with employer ties disqualify. Reconstitution may be ordered. Punjab and Sind Bank VS Durgesh Kuwar - 2020 0 Supreme(SC) 618
Special Committees: Cannot replace ICC without NGO member. Nagaram Balakrishna VS State of AP - 2021 0 Supreme(AP) 230
No Explicit Duty List: Duties tie to ICC functions; focus is on compositional validity.
Bias Allegations: Departmental links alone don't prove bias without evidence. S. Ravi Selvan VS Central Board of Indirect Taxes & customs, Represented by the Chairman, New Delhi - 2022 0 Supreme(Mad) 3501

In unrelated corporate liability cases, courts stress specific roles: No specific role has been assigned to them. Shyam Narayan Mishra VS State Shyam Narayan Mishra VS State This analogy underscores documenting the NGO member's independent contributions clearly.

Practical Recommendations for Employers

To comply:1. Nominate a genuinely external NGO member at ICC formation, documenting their credentials.2. Verify independence to preempt challenges.3. In disputes, seek court-directed replacements if bias is evident.4. Train ICC on collaborative roles; complainants/respondents should verify composition pre-inquiry.5. For high-stakes cases (e.g., involving seniors), consider enhanced oversight.

Non-compliance can quash actions like transfers or suspensions. Nagaram Balakrishna VS State of AP - 2021 0 Supreme(AP) 230

Key Takeaways

Mandatory Inclusion: One independent NGO/expert per ICC under Section 4(2)(c). VIMALKANT BHANUPRASAD SHRIMALI VS IDMC LIMITED - 2022 0 Supreme(Guj) 437
Independence Paramount: Prevents bias; courts mandate true externality. Punjab and Sind Bank VS Durgesh Kuwar - 2020 0 Supreme(SC) 618
Duties: Aid inquiries, ensure fairness; term up to 3 years with remuneration.
Consequences: Invalid ICC risks legal setbacks.

This post provides general insights based on statutes and judgments like Punjab and Sind Bank VS Durgesh Kuwar - 2020 0 Supreme(SC) 618, Nagaram Balakrishna VS State of AP - 2021 0 Supreme(AP) 230, VIMALKANT BHANUPRASAD SHRIMALI VS IDMC LIMITED - 2022 0 Supreme(Guj) 437, S. Ravi Selvan VS Central Board of Indirect Taxes & customs, Represented by the Chairman, New Delhi - 2022 0 Supreme(Mad) 3501, and Rashi vs Union of India - Delhi (2020). It is not legal advice; consult a qualified lawyer for specific situations.

Stay compliant with POSH to foster safe workplaces. Share your thoughts below!

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Apoorva Oza VS State Of Gujarat - 2023 Supreme(Guj) 844

The complainant should have been alarmed by the threat administered to her/him in absence of any apprehension or fear so as to cause alarm to the complaint. She was unable to attend the duties after the threat to make her presence. 15. ... It is further submitted that the said NGO undertakes specific project in the tribal belts in District Bharuch, Narmada and Surat and the applicant Mr. Apoorva Oza (Special Civil Application No.15861 of 2013) is the CEO of the said NGO. ... The NGO is having a specific....

Abdul Rehman Mir vs D/o Home Ut Of Jammu & Kashmir - 2025 Supreme(Online)(CAT) 11077

The materials relied upon by the enquiry officer include the duty allocation, the petitioner’s role as Kot NGO, the admitted discovery on 17-08-2011, and the communication to seniors on 22-08-2011. ... The present matter arose from an internal occurrence in the unit—the loss of arms from the Kot—and the department elected to proceed departmentally under the Police Rules; there is nothing in Rule 349 which mandates a reference to the District Magistrate as a jurisdictional pre-condition for such internal ... Rule 349 obli....

MANOHAR LAL SHARMA ADVOCATE vs STATE OF MAHARASHTRA . - 2017 Supreme(Online)(SC) 860

It is submitted that the Central Govt. is not expected to directly do audit verification of any NGO. ... c) Web based on line system for submission of proposals through national NGO Portal has been launched for greater transparency. ... (2) (a) The accounts of the grantee Institution or Organization shall be audited by the Comptroller and Auditor General of India under Section 14 of the Comptroller and Auditor General of India (Duties, Powers and Conditions of Service ... Reports submitted by the Internal Audit partie....

SHYAM NARAYAN MISHRA VS STATE - 2013 Supreme(Del) 1636

Other officers of a company can be made liable only under Sub-section (2) of Section 141, be averring in the complaint their position and duties in the company and their role in regard to the issue and dishonour of the cheque, disclosing consent, connivance or negligence.” ... Turning to the factual matrix of the case, a bare perusal of the complaint goes to show that the allegations against the accused persons are very vague. No specific role has been assigned to them. ... Thereafter these petitions ha....

Shyam Narayan Mishra VS State

Other officers of a company can be made liable only under Sub-section (2) of Section 141, be averring in the complaint their position and duties in the company and their role in regard to the issue and dishonour of the cheque, disclosing consent, connivance or negligence.” ... Turning to the factual matrix of the case, a bare perusal of the complaint goes to show that the allegations against the accused persons are very vague. No specific role has been assigned to them. ... Thereafter these petitions ha....

Shyam Narayan Mishra VS State

Other officers of a company can be made liable only under Sub-section (2) of Section 141, be averring in the complaint their position and duties in the company and their role in regard to the issue and dishonour of the cheque, disclosing consent, connivance or negligence.” ... Turning to the factual matrix of the case, a bare perusal of the complaint goes to show that the allegations against the accused persons are very vague. No specific role has been assigned to them. ... Thereafter these petitions ha....

SHYAM NARAYAN MISHRA & ORS. Vs STATE & ANR. & ANR. - 2013 Supreme(Online)(DEL) 6040

Other officers of a company can be made liable only under Sub-section (2) of Section 141, be averring in the complaint their position and duties in the company and their role in regard to the issue and dishonour of the cheque, disclosing consent, connivance or negligence.” ... Turning to the factual matrix of the case, a bare perusal of the complaint goes to show that the allegations against the accused persons are very vague. No specific role has been assigned to them. ... Thereafter these petitions ha....

SHYAM NARAYAN MISHRA & ORS. vs STATE & ANR. & ANR.

Other officers of a company can be made liable only under Sub-section (2) of Section 141, be averring in the complaint their position and duties in the company and their role in regard to the issue and dishonour of the cheque, Tiwari is the sole Director of the NGO. ... Turning to the factual matrix of the case, a bare perusal of the complaint goes to show that the allegations against the accused persons are very vague. No specific role has been assigned to them. ... re....

Ritu Jhadhav VS Union of India - 2021 Supreme(MP) 130

The Force is also deployed in Internal Security duties and election duties. It is submitted that the CISF (Central Industrial Security Force) is a Central Armed Force, an armed force of the Union of India is in sensitive section such as Airports, Ports, Department of Atomic Energy, Department of Space, Metro Power, Steel etc. The Force, therefore, requires postings/transfers of personnel subject of security considerations, availability of vacancies and on operation, administrative & disciplinary considerations on a regular basis. In view of the duties and responsibilities d....

State VS Chandrakant @ Chandru Jaiswar - 2020 Supreme(Bom) 766

The involvement of PW-3 at all stages is evident, still PW-3 by herself also, had neither approached to the Police to get her statement recorded nor asked the Police to do so. In fact, PW-3 and PW-4 claimed that they being NGO persons accompanied the complainant. PW-10, Investigating Officer deposed that he tried to contact on phone, however, there is nothing on record to show that such efforts were made either in the case diary or otherwise. It raises reasonable doubt in respect of the investigation conducted by the Police.

Har Sarup Bhasin VS Origo Commodities India Pvt Ltd - 2020 Supreme(Del) 1181

There being no specific averment attributing specific role describing the manner as to how the petitioners were incharge and responsible to the conduct of business affairs of the company, they could not be made liable for the offences alleged to have been committed by the company or the managing director. Each and every director or employee of the company cannot be made liable vicariously for the offence committed by the company. 9. The plea that the respondent/complainant was not aware as to the specific role and duties of the petitioners in the company that being their internal a....

Har Sarup Bhasin VS Origo Commodities India Private Limited - 2020 Supreme(Del) 74

9. The plea that the respondent/complainant was not aware as to the specific role and duties of the petitioners in the company that being their internal affair, was misconceived. Each and every director or employee of the company cannot be made liable vicariously for the offence committed by the company. As noted above, there was to be specific averment attributing liability of each person sought to be made liable for the company. There being no specific averment attributing specific role describing the manner as to how the petitioners were incharge and responsible to the c....

Har Sarup Bhasin VS Origo Commodities India Pvt Ltd - 2020 Supreme(Del) 1182

9. The plea that the respondent/complainant was not aware as to the specific role and duties of the petitioners in the company that being their internal affair, was misconceived. As noted above, there was to be specific averment attributing liability of each person sought to be made liable for the company. There being no specific averment attributing specific role describing the manner as to how the petitioners were incharge and responsible to the conduct of business affairs of the company, they could not be made liable for the offences alleged to have been committed by the....