How to conduct a Virtual POSH Inquiry without Bias

• Human Resource
• POSH

Dr. Aparna Sethi

Corporate Trainer and Author

Have you ever faced a situation where you are not guided in certain cases as in what to do? Whom to consult, where to complain? How to go about it? This might create a lot of tension, mental stress etc.

A Virtual POSH Inquiry refers to an internal investigation conducted under the Prevention of Sexual Harassment (POSH) Act of India, using virtual means (such as video conferencing, emails, and digital documentation), instead of in-person proceedings. POSH training for employees, POSH training, POSH certification will give more insight.

Key Elements of a Virtual POSH Inquiry:

1. Legal Basis:
   • The POSH Act, 2013 mandates the formation of an Internal Committee (IC) in every organization with more than 10 employees to address complaints of sexual harassment at the workplace.
   • A POSH inquiry is the formal process of investigating a complaint filed under this Act.
2. Why Virtual?
   • Virtual inquiries became more common during the COVID-19 pandemic and continue due to the flexibility and accessibility they offer, especially in remote or hybrid work settings.
   • Useful for companies with geographically dispersed teams.
3. Process Involved:
   • Filing of Complaint: Employee submits a written complaint (can be via email).
   • Initial Assessment: IC reviews the complaint and decides whether to proceed with an inquiry.
   • Inquiry Proceedings: Conducted via video conferencing, with all parties (complainant, respondent, witnesses) participating remotely.
   • Evidence Collection: Electronic documentation, digital communications (emails, chats, etc.), and recordings may be submitted.
   • Report Submission: The IC submits its findings and recommendations to the employer, all digitally.
4. Key Considerations:
   • Confidentiality must be strictly maintained.
   • All parties should have access to technology and a secure environment.
   • Clear documentation and recording of proceedings are essential.
   • Adherence to principles of natural justice (fair hearing to both sides) is crucial.
5. Challenges:
   • Ensuring participation without external influence.
   • Handling technological issues or concerns over the authenticity of digital evidence.
   • Managing emotional sensitivity in a virtual format.

Now let us see through the step-by-step process to ensure Unbiased Inquiry.

✅ Step-by-Step Guide to a Fair & Unbiased Virtual POSH Inquiry:

1. Constitute a Neutral Internal Committee (IC)

• Ensure that the IC has the legally mandated composition: Presiding Officer (senior woman employee), At least two members with legal or social knowledge, One external member from an NGO or with relevant experience
• Ensure no member has a conflict of interest with either party.

2. Pre-Inquiry Preparation

• Technology setup:
  • Use a secure and reliable video conferencing tool (Zoom, MS Teams, etc.).
  • Provide training to IC members on how to use these tools if needed.
• Scheduling:
  • Share dates in advance with both parties.
  • Offer options to accommodate time zones or availability.
• Confidentiality:
  • Require both parties to be alone during the call.
  • Prohibit recording or third-party presence without IC approval.
  • Use NDAs if necessary.

3. During the Inquiry
4. Neutral Tone and Conduct

• IC should avoid making judgmental comments or facial expressions.
• Give equal opportunity to both parties to speak.
• Be patient, sensitive, and professional in tone and demeanor.

1. Adherence to Principles of Natural Justice

• Right to be heard: Both parties should be allowed to present their side fully.
• Right to cross-question: Each party should have an opportunity to question the other through the IC (not directly).
• No presumption of guilt: IC must approach the case with an open mind.

1. Handling Evidence Virtually

• Accept documents/emails/screenshots/videos digitally.
• Validate metadata and timestamps where needed.
• Allow both parties to respond to the other’s evidence.

4. Documentation

• Maintain detailed minutes of every virtual meeting.
• Record the questions, answers, and any reactions
• Store all digital evidence securely and confidentially.

5. Post-Inquiry Actions

• Prepare a reasoned report, citing evidence and explaining the findings logically.
• Avoid emotional or speculative language.
• Give recommendations based on facts and POSH law.

6. Bias Checks Throughout

• Self-assessment: IC members should check their own biases (e.g., gender, position, culture).
• Peer review: Let the external member or a legal consultant review the process/report for fairness.
• Transparency: Keep both parties informed about the steps and their rights without disclosing confidential details.

👁️‍🗨️ Common Biases to Avoid

💡 Tips to Ensure Impartiality

• Rotate IC members if bias is suspected.
• Record sessions with consent (for internal review only).
• Include an external observer if there’s a perception of bias.
• Provide both parties with equal support, such as allowing a support person or translator if required.

✅ Conclusion:

A Virtual POSH Inquiry is a remote investigation of a sexual harassment complaint under the POSH Act, ensuring legal compliance while leveraging technology to conduct the proceedings in a fair and efficient manner. Conducting a virtual POSH inquiry without bias requires deliberate planning, adherence to legal norms, and a commitment to fairness. The goal is to ensure natural justice, uphold the rights of both the complainant and respondent, and maintain confidentiality and neutrality, even in a virtual setting. These courses like POSH training for employees, POSH training, POSH certification will be helpful to gain more knowledge.

A virtual POSH inquiry can be just as effective and fair as an in-person one—if conducted with diligence, neutrality, and adherence to due process. By ensuring:

• A legally compliant and unbiased Internal Committee,
• Confidential and structured virtual proceedings,
• Equal opportunity for both parties to present their case,
• Careful handling of digital evidence, and
• Clear documentation and reasoning in the final report.

Organizations can uphold the principles of natural justice and fulfill their legal and ethical responsibilities under the POSH Act, 2013. The key lies in maintaining empathy without prejudice, process without shortcuts, and technology without compromising confidentiality.