Understanding the POSH Complaint Redressal Process: An In-Depth 7-Step Breakdown

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) provides a framework for addressing complaints of sexual harassment in the workplace. This article breaks down the 7-step process for redressing such complaints, providing a more detailed understanding for all stakeholders:

Step 1: Receipt of Complaint

*      The aggrieved woman must submit a written complaint to the Presiding Officer of the Internal Committee (IC).

*      While the complaint should ideally be in writing, the IC is obligated to provide assistance to the complainant if she is unable to write it down herself.

*      The complaint should include detailed information about the incident(s), including:

• Date, time, and location of the incident(s).

• Name and designation of the respondent (the person accused of sexual harassment).

• Names and contact details of any witnesses.

• A clear and detailed description of the alleged sexual harassment.

  
  

*      The complainant must sign and date the complaint.

*      Time Limit: The complaint must be filed within 3 months from the date of the incident.

*      Extension: The IC has the discretion to extend the time limit for filing the complaint by a further 3 months if it is satisfied that the circumstances prevented the complainant from filing the complaint within the initial timeframe.

*      Confidentiality: The IC must maintain strict confidentiality throughout the complaint process to protect the privacy and dignity of all parties involved.

Step 2: Assessment of the Complaint

*      The IC must carefully assess the complaint to determine whether it falls under the purview of the POSH Act. This involves examining:

• Whether the alleged conduct constitutes sexual harassment as defined by the Act.

• Whether the complainant and respondent have an employment relationship as defined by the Act.

• Whether the workplace meets the definition under the Act.

  
  

*      The IC should review the complaint for completeness and clarity. If necessary, the IC may:

• Call the complainant for a preliminary meeting to seek further information or clarification.

• Request additional documents or evidence from the complainant.

  
  

*      Following the assessment, the IC must decide on the next course of action:

• Proceed with a formal inquiry, or

• Offer the option of conciliation (if requested by the complainant).

  
  

Step 3: Conciliation (Optional)

*      Conciliation is an option available only if the complainant expresses a desire for it. There should be no pressure on the complainant to opt for conciliation.

*      The IC's role in conciliation is to facilitate a voluntary and mutually agreeable settlement between the parties.

*      Important principles of conciliation:

• It must be voluntary.

• It must be fair and equitable.

• It must not involve any monetary settlement.

  
  

*      The IC must ensure that the settlement is in accordance with the POSH Act and does not compromise the complainant's safety or dignity.

*      The terms of the settlement must be recorded in writing and signed by both parties.

*      If conciliation is not successful or if the complainant does not wish to pursue it, the IC must proceed with a formal inquiry.

Step 4: Inquiry Process

*      The IC conducts a fair and impartial inquiry, adhering to the principles of natural justice. This involves:

• Providing a copy of the complaint to the respondent.

• Receiving a written response from the respondent to the complaint.

• Conducting meetings with the complainant and the respondent separately and together, as needed.

• Examining all relevant evidence, including documents, emails, messages, and any other material.

• Recording statements of the complainant, respondent, and any witnesses.

• Allowing for cross-examination of witnesses, subject to the IC's discretion and ensuring the safety of all parties.

  
  

*      The IC must ensure that both parties have the right to:

• Be heard.

• Present their case.

• Examine evidence.

• Be accompanied by a support person of their choice.

  
  

*      Time Limit: The IC must complete the inquiry within 90 days from the date of receipt of the complaint.

*      Confidentiality: Strict confidentiality must be maintained throughout the inquiry process to protect all parties involved.

Step 5: Inquiry Report

*      At the conclusion of the inquiry, the IC prepares a detailed and comprehensive inquiry report.

*      The report must contain:

• A summary of the complaint and the respondent's response.

• A detailed account of the inquiry process followed by the IC.

• An objective analysis of the evidence and facts presented.

• Clear and specific findings on whether the allegations of sexual harassment are substantiated, partially substantiated, or not substantiated.

• The reasons for the IC's findings, with reference to the evidence and the applicable provisions of the POSH Act.

• Recommendations for action to be taken by the employer. These recommendations should be:

• Based on the severity of the offense.

• In accordance with the organization's service rules.

• Aim to provide redress to the complainant and prevent future occurrences of sexual harassment.

  
  

*      The inquiry report must be submitted to the employer.

Step 6: Action on the Report

*      The employer is obligated to act on the IC's inquiry report within 60 days of its receipt.

*      If the allegations of sexual harassment are substantiated, the employer must take appropriate action against the respondent. This action may include:

• Disciplinary action in accordance with the organisation's service rules, such as:

• Written apology

• Warning

• Suspension

• Termination of employment

• Demotion

• Change in work location

• Any other disciplinary action as specified in the organisation's policy.

• The employer may also consider providing restorative justice measures, such as counselling or mediation, in addition to disciplinary action.

  
  

*      If the allegations are not substantiated, the employer must inform both the complainant and the respondent of this finding.

*      The employer must ensure that the action taken is fair, proportionate, and in accordance with the principles of natural justice.

Step 7: Monitoring and Reporting

*      The IC has a role in monitoring the implementation of its recommendations to ensure that the action taken by the employer is effective and that the complainant receives the necessary support.

*      The employer is required to include information about POSH cases in its annual report. This report should include:

• The number of sexual harassment complaints received in the year.

• The number of complaints disposed of.

• The number of cases pending.

• The number of awareness programs and training sessions conducted.

• Any other relevant information as may be prescribed.

  
  

*      Confidentiality of the proceedings must be maintained in all reports and communications.

In Conclusion

The POSH redressal process is a structured framework designed not only to comply with the law but also to promote a culture of respect, fairness, and dignity in the workplace. By adhering to these 7 steps, organizations can ensure that their workplaces are safe environments where all employees, particularly women, are protected from harassment and discrimination. This process is vital for maintaining trust and accountability, ensuring a healthy, respectful, and supportive work culture.