In a PoSH case, one of the first questions that surfaces, often quietly, and often without clear answers, is about visibility. Who is informed that a complaint has been made, what details are shared, and at what stage? The PoSH Act places a strong emphasis on confidentiality, yet organisations also operate within structures that demand… Continue reading Who Gets to Know What in a PoSH Case? Balancing Confidentiality and Transparency
Tag: Natural Justice
Ensuring Fair Process on Both Sides: Respondent Rights in PoSH Inquiries
In PoSH inquiries, Internal Committees often place significant emphasis on protecting the aggrieved employee. This emphasis is necessary and rooted in the purpose of the law. However, when concern for protection begins to influence how evidence is assessed, how procedures are applied, or how parties are heard, the inquiry can unintentionally move away from neutrality.… Continue reading Ensuring Fair Process on Both Sides: Respondent Rights in PoSH Inquiries
PoSH in 2025: A Recap of What Courts Expect from Companies and Internal Committees
For HR teams and Internal Committees, 2025 was less about statutory change and more about setting clear standards for PoSH compliance. Courts focused on how organisations interpret harm, exercise jurisdiction, and conduct inquiries, shifting evaluation from intent or form to fairness and consistency. Key themes were understanding harm from the complainant’s perspective, clarifying authority in… Continue reading PoSH in 2025: A Recap of What Courts Expect from Companies and Internal Committees
Not All Harassment Is Sexual Harassment? What Every IC Must Understand
The distinction between workplace harassment and sexual harassment is often blurred in real complaints. Employees may report mistreatment without understanding whether it falls under PoSH, leaving ICs to determine where the line is drawn under the law. At what point does an IC member draw a clear line between inappropriate behaviour and a violation under… Continue reading Not All Harassment Is Sexual Harassment? What Every IC Must Understand
