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?
Tag: workplace misconduct
Does Conciliation End Employer’s PoSH Responsibilities?
What does conciliation actually conclude, the complaint, the inquiry, or the organisation’s responsibility to act? For many companies and Internal Committees(ICs), conciliation under the POSH framework has become a practical way to close a complaint, to de-escalate conflict and restore workplace stability. But it also leaves behind an unsettled question: when an Internal Committee’s inquiry… Continue reading Does Conciliation End Employer’s PoSH Responsibilities?
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
Impact vs Intent: What Truly Determines Sexual Harassment?
Among the many questions Internal Committees grapple with, few create as much uncertainty as the balance between impact and intent. When a complaint lands on the IC’s table, members look for evidence, context, timelines, testimonies, and consistency. But eventually, the inquiry always circles back to the same tension: “Should the complainant’s experience of harm take… Continue reading Impact vs Intent: What Truly Determines Sexual Harassment?
