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Confidentiality Maintaining Confidentiality is mandatory under POSH Act POSH Act makes it very clear that confidentiality of the complaint and the proceedings should be maintained. Section 16 of the POSH Act states: Prohibition of publication or making known contents of complaint and inquiry proceedings. — Notwithstanding anything contained in the Right to Information Act, 2005 (22 of 2005), the contents of the complaint made under section 9, the identity and addresses of the aggrieved woman, respondent and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of the Internal Committee or the Local Committee, as the case may be, and the action taken by the employer or the District Officer under the provisions of this Act shall not be published, communicated or made known to the public, press and media in any manner: Provided that information may be disseminated regarding the justice secured to any vicitim of sexual harassment under this Act withou...

  Drafting the Inquiry Report Drafting an inquiry report is one of the most important tasks carried out by the Internal Committee. While drafting an inquiry report, Internal Committee should keep the following things in mind: All documents submitted by both parties and witnesses to substantiate their respective claims should be brought on record. All the oral testimonies of the complainant, respondent, and witnesses should be brought on record. Collection of evidence and their analysis should be documented. Details of circumstantial evidence (if applicable) should be documented. All the timeline of events should be documented as clearly as possible. What should the Inquiry Report contain? 1. Title Page The title page of the inquiry report can have the following details: Names of the parties. Designations of the parties. Details of their reporting managers. Parties’ tenure in the organization. Names and the designations of the Internal Committee (IC) members. Date of receipt of comp...

Complaining Procedure Who can complain about sexual harassment under POSH Act? Anybody can become a victim of sexual harassment. As per the POSH Act, any aggrieved woman who is: An employee A visitor to the office (example, has come for an interview). Client or a Vendor Housekeeping and maintenance staff Intern Volunteer Temporary worker has the right to file a complaint of sexual harassment with the employer. It is important to note that the aggrieved woman need not be an employee of an organization to file a sexual harassment complaint. Who is the Complainant? POSH Act defines the Complainant as the person who filed a written complainant of sexual harassment before the IC/LC. Either the aggrieved woman or any other person who files a complaint on her behalf can be the complainant. Who is the Respondent? The person against whom a complaint is filed is called the respondent. The respondent can be an employee of an organization or a third-party. Lodging A Sexual Harassment Complaint The...