PoSH timelines often become a point of uncertainty once a complaint is reported later than expected. While the Act prescribes clear time limits for filing complaints, workplace reporting does not always follow statutory schedules. Complaints may surface after delay for reasons that are not captured neatly within legal definitions. This places Internal Committees and employers… Continue reading PoSH Timelines in Practice: How Limitation Works
Tag: Procedural Fairness
Who Gets to Know What in a PoSH Case? Balancing Confidentiality and Transparency
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
How Should Organisations Recognise that Internal Committees are Exceeding Their Mandate?
The Bombay High Court’s recent observations on the functioning of Internal Committees did not change the PoSH framework. Instead, they clarified how it is meant to work. The Court reaffirmed that these committees exist for a specific purpose, and their authority cannot be stretched simply because a situation feels uncomfortable or disruptive. The court’s decision… Continue reading How Should Organisations Recognise that Internal Committees are Exceeding Their Mandate?
Empowering ICs: Escaping Over-Reliance on External Members
When the PoSH Act introduced the requirement of an External Member under Section 4(2)(c), the intent was straightforward: to bring in someone independent, trained, and experienced enough to help Internal Committees stay fair and neutral. The law did not envision a marketplace of External Members competing for engagement. It envisioned a steady outside voice that… Continue reading Empowering ICs: Escaping Over-Reliance on External Members
How Fairness Works in POSH Inquiries: What Everyone Involved Should Know
Over the past few years, PoSH inquiries have become a familiar fixture inside organisations. Most employees now know that a formal process exists, that an Internal Committee hears complaints, that reports are issued, and that statutory timelines guide the journey. On paper, the mechanism is no longer new. Yet in conversations with complainants, respondents, HR… Continue reading How Fairness Works in POSH Inquiries: What Everyone Involved Should Know
How Technology Can Strengthen PoSH IC Procedures Without Replacing Judgment?
PoSH inquiries unfold in rooms where technology is largely irrelevant. What truly matters is who listens, who pauses, who notices what remains unsaid, and who bears the responsibility of deciding what is fair between people who must continue to work together. And yet, at the edges of these deeply human decisions, an unavoidable question has… Continue reading How Technology Can Strengthen PoSH IC Procedures Without Replacing Judgment?
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
