NCW Releases Comprehensive Handbook On POSH Inquiry Procedures

Introduction:

For over more than a decade since the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [commonly known as the POSH Act] one of the most persistent challenges has not been the absence of law, but the absence of procedural clarity in its implementation.

While the statute and the rules laid down the broad framework for conducting inquiries, Internal Committee (ICs), employers, legal practitioners and other stakeholders have often grappled with fundamental procedural questions-ranging from the manner of recording evidence, maintaining confidentiality, granting interim relief, appreciating evidence, ensuring compliance with principles of natural justice, to drafting legally sustainable inquiry reports.