POSH Enquiry Process

• POSH

Dr. Aparna Sethi

Corporate Trainer and Author

People feel very scared to discuss about POSH, thinking about the repercussion these acts can create. Most of the time we have noticed men start avoiding women after they go through the POSH training sessions. Well, I would like to say that every organization should make it a point to give POSH Training for Employees so that they understand the limits, what are the Do’s and Don’ts. Today I am going to take you through about the POSH Enquiry Process but before that let’s get to know the basics.

Prevention of Sexual Harassment refers to actions, policies, and procedures aimed at preventing any form of unwanted or inappropriate sexual behavior, typically in workplaces, educational institutions, or other public settings. Sexual harassment can include verbal, non-verbal, or physical actions that create a hostile or intimidating environment, whether on the basis of gender, sexuality, or any other form of discrimination. The goal of prevention is to create an environment where everyone feels safe, respected, and valued.

POSH (Prevention of Sexual Harassment) Inquiry and Process refers to the steps taken to address and investigate complaints of sexual harassment under the framework of the POSH Act, particularly in India. The POSH Act, or the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, provides a legal framework for preventing and addressing sexual harassment at the workplace. It mandates the establishment of internal committees to handle complaints and ensure fair processes. POSH Training, POSH certification will also help you get a clear picture about the process.

Here is an overview of the POSH inquiry and process:

1. Filing a Complaint

• Any employee or worker who has been subjected to sexual harassment can file a complaint.
• Complaints should be lodged with the Internal Complaints Committee (ICC), which is set up within organizations with 10 or more employees. In case an internal committee doesn’t exist, complaints can be filed with the Local Complaints Committee (LCC), which operates at the district level.
• The complaint should be made within 3 months from the date of the incident. However, the committee may extend this timeline by another 3 months if sufficient reasons are provided.

2. Filing Procedure

• The complainant submits a written complaint to the ICC.
• The complaint should include a detailed account of the alleged incident(s) and supporting evidence, if any.
• The ICC must provide a copy of the complaint to the alleged harasser and ask for a written response.

3. Preliminary Assessment

• The ICC conducts a preliminary assessment to decide whether the complaint needs to be investigated further or not. If the allegations do not fall under the definition of sexual harassment, the committee may dismiss the complaint.
• If the complaint is found to be serious, the committee proceeds to the inquiry stage.

4. Inquiry Process

• The ICC will conduct an inquiry into the complaint. It must be done in a confidential and impartial manner to ensure fairness.
• The inquiry must be completed within 90 days from the date of receiving the complaint.
• Both the complainant and the accused are summoned to present their case. The complainant can also bring in a representative if needed.
• If there are witnesses to the incident(s), their testimony may be sought.
• The committee will collect any available evidence, including emails, messages, or CCTV footage.

5. Conclusion of Inquiry

• After the inquiry, the ICC will submit its report with findings and recommendations.
• If the accused is found guilty, the committee will recommend disciplinary action, which could include warnings, suspension, transfer, or even termination.
• If the complaint is found to be false or malicious, the complainant may be subject to disciplinary action.

6. Possible Outcomes of the Inquiry

• If the complaint is substantiated: The accused can face punishment or corrective action.
• If the complaint is not substantiated: The complainant can file an appeal.
• If the complaint is false or malicious: The complainant may face action under relevant laws.

7. Appeal Process

• Both the complainant and the respondent can appeal the decision.
• The appeal can be made to an Appellate Authority within 90 days of receiving the inquiry report.
• The appeal can be filed if the complainant believes the action taken is insufficient or if the respondent believes they were unfairly treated.

8. Confidentiality and Protection

• All parties involved in the process must maintain confidentiality to protect the identities and dignity of the complainant and the accused.
• The complainant must be protected from retaliation, victimization, or any form of discrimination for lodging the complaint. If any such action occurs, it can be treated as another violation under the POSH Act.

9. Role of the Employer

• The employer is responsible for setting up the Internal Complaints Committee (ICC) and ensuring that the POSH process is followed.
• The employer must also take necessary steps to ensure the safety and well-being of the complainant during and after the inquiry.

Conclusion:

The Prevention of Sexual Harassment (POSH) Act establishes a legal framework that aims to create a safe and respectful environment, particularly in workplaces, by addressing and preventing sexual harassment. The POSH process ensures that complaints are handled with sensitivity, confidentiality, and fairness. Ultimately, the POSH Act aims to prevent sexual harassment, provide a safe and supportive environment for those affected, and promote accountability and respect in all professional settings.