Can Witnesses Refuse Internal Complaints Committee Summons in Sexual Harassment Cases? A Legal Analysis

Inquiries into workplace sexual harassment complaints are governed by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (commonly known as the POSH Act, 2013). A crucial part of this inquiry process, conducted by an Internal Complaints Committee (IC) or a Local Committee (LC), is the attendance and cooperation of witnesses.

This article examines the legal powers of the IC/LC, the responsibility of employers, and the consequences for false evidence, providing clarity on a witness’s obligation in workplace sexual harassment investigations.

Legal Authority of the Internal Complaints Committee to Summon Witnesses

The Internal Complaints Committee (ICC) and Local Committee (LC) are not merely advisory bodies, they are vested with quasi-judicial powers under the POSH Act.

Section 11(3) of the POSH Act gives these committees the same powers as a civil court when conducting an inquiry into a sexual harassment complaint. These powers include:

• Summoning and enforcing the attendance of witnesses and examining them on oath.

• Requiring discovery and production of documents.

• Deciding on any other matters as prescribed by law.

  
  

Key Point: A witness cannot legally refuse to appear before the ICC or LC. The committee has the authority to compel attendance, just like a civil court.

Employer’s Duty in Ensuring Witness Attendance

The responsibility to ensure smooth inquiry proceedings does not rest solely on the committee. Section 19 of the POSH Act places a duty on employers to:

• Assist in securing the attendance of both the respondent and witnesses before the ICC or LC.

• Provide logistical and administrative support for the inquiry.

  
  

Key Point: This means employers must actively ensure that witnesses attend hearings, making the inquiry process effective and efficient.

Consequences for False Evidence by Witnesses

The Act not only mandates attendance but also ensures the integrity of the evidence presented. If, during the course of an inquiry, the Internal Committee or the Local Committee concludes that:

• A witness has given false evidence, or

• Has submitted forged or misleading documents,

then the committee may recommend disciplinary action against the witness.

This recommendation is forwarded either to the employer or the District Officer, who must act as per applicable service rules or prescribed legal provisions.

Key Point: Witnesses are not only legally obligated to appear but are also expected to provide truthful and accurate testimony.

Conclusion

The POSH Act, 2013, provides a strong legal framework to ensure fair and thorough inquiries into sexual harassment complaints at the workplace.

• The ICC/LC has civil court powers to summon and examine witnesses.

• Employers have a statutory duty to secure the presence of witnesses.

• False testimony by witnesses can lead to serious consequences.

  
  

Together, these provisions make witness participation both a legal obligation and a critical safeguard in ensuring justice under the POSH framework.

By reinforcing accountability, the POSH Act strengthens the fight against workplace harassment and upholds the right of women to a safe, secure, and respectful work environment.