A PoSH Committee / Internal Committee (IC or ICC) that can write a meticulous, detailed, reasoned IC Order (inquiry Order) including its Recommendation that is also legally sound is worth its weight in gold. In reality, most of the PoSH Committees shy away from taking up this arduous task. The PoSH training for employees is usually not good enough for the PoSH Committee Members to understand the requirements of an inquiry, much less the essentials of an IC Order. It’s no wonder that they are only too happy to pass it onto the PoSH External Member.

Whose responsibility is it?

It is the responsibility of all the PoSH Committee Members and not just one member to write the IC Order. This collective responsibility is the reason the PoSH Committee as a whole has to sign the IC Order.

How does a Court view an IC Order?

We have seen many IC Orders that could not stand the test of judicial scrutiny. But here is a news report where the Punjab and Haryana High Court have ordered the Respondents (in this case, Panjab University and one other), to look into the inquiry Order before taking action.

This court order emphasizes the importance of an IC Order. Therefore, the PoSH Committee Members require a great deal of attention while writing an IC Order as the courts may rely upon it when passing a judgment.

Incidentally, Panjab University, in recent times, has been rocked with various allegations of sexual harassment in the workplace.

Could a botched-up IC Order lead to litigation?

With the unanticipated lockdown progression from 1.0 to 5.0, many PoSH Committees could not complete inquiries. Some ICs could not do the investigations appropriately due to the restrictions of lockdown, curfew, and health and safety concerns. In the coming months, we may see many litigations in courts resulting from the inadequacy of the IC Orders.

The courts are not opposed to passing stringent punishments for not constituting PoSH Committee as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition, Redressal) Act 2013 of India. They are not against quashing IC Orders when the PoSH Committee does not conduct an inquiry as per the provisions of the PoSH law, or when the PoSH Committee Members pass an Order that is poorly drafted.

Rainmaker training can help.

Rainmaker training for organizations includes PoSH ICC workshop for PoSH Committee Members under the Sexual Harassment at the Workplace Act 2013, of India. We offer training in both online/virtual and in-person format. The online modules are highly engaging, with dramatized videos. We provide an entire set of PoSH solutions, including the PoSH policy and the PoSH External Member.

For now, let us hail this High Court order.

Author: Sumali Nagarajan

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