Internal Committee constituted under POSH Act for handling complaints has a very vital role to play while handling the Complaints. From recorded the data with minute details, calling for evidence, maintaining confidentiality and drawing proper results, every action require meticulous working and beyond doubt conclusions.
In this Article I have tried to break the entire process giving insights on all the acts required to be done for achieving the objective.
1. The Initial Steps
When a complaint lands on your desk, the clock starts ticking. The first step isn’t just filing; it’s stabilization.
- Interim Relief: Before the investigation even begins, consider if the complainant needs to be moved to a different department or granted leave to avoid further distress.
- Neutrality Check: Ensure no IC member has a direct reporting line to either party. Even the perception of bias can invalidate a six-month investigation.
2. Practical Difficulties in IC Proceedings
The “he-said, she-said” nature of workplace complaints introduces several real-world friction points:
- The “Vibe” vs. Fact: Often, harassment isn’t a single overt act but a “hostile work environment” created through subtle micro-aggressions. Capturing this in a formal report is notoriously difficult.
- Witness Reluctance: Co-workers are often terrified of retaliation. They may “forget” details or suddenly become unavailable for interviews to protect their career prospects.
- Confidentiality Leaks: In office environments, rumors travel faster than emails. Maintaining the “sealed” nature of an investigation is a constant battle for the IC.
- Digital Deletion: In the heat of the moment, parties might delete WhatsApp chats or Slack messages, either out of fear or to hide incriminating evidence.
3. Evidence Collection Methods
A robust investigation relies on a “triangulation” of evidence: oral, documentary, and circumstantial.
Digital Evidence (The Gold Standard)
In the modern workplace, the “smoking gun” is usually digital.
- Metadata: Don’t just look at a screenshot; ask for the original file to verify the timestamp and sender.
- CCTV Footage: Act fast, as many systems overwrite data every 15–30 days.
- System Logs: Badge-in/badge-out records can confirm if two people were actually in the same room at the time of the alleged incident.
Witness Testimony
- The “Immediate Outcry” Witness: Look for the person the complainant spoke to immediately after the incident. Their testimony is high-value because it captures the raw, unfiltered reaction.
- Character vs. Pattern: Don’t focus on whether the respondent is a “nice guy.” Focus on whether there is a pattern of similar behavior with other subordinates.
Physical & Circumstantial Evidence
- Site Visit: Sometimes, the IC needs to physically stand in the cabin or hallway where the incident occurred to see if “line of sight” claims by witnesses are actually physically possible.
4. Standard of Proof: “Preponderance of Probabilities”
A common mistake ICs make is applying the criminal standard of “beyond a reasonable doubt.”
In an internal inquiry, you use the Preponderance of Probabilities. This means you don’t need 100% certainty; you need to decide if the event was more likely than not to have occurred based on the evidence provided.
5. Reaching the Conclusion
Once you have completed the Enquiry, a well drafted of report is also important to avoid future litigations and also to support the IC Members in case of any appeal.
The report should start with clear enumeration of the allegations made and the specific rebuttals made by the respondent. IC must include in it a detailed statement on how the decision has been made, how the testimonies of the witness has been dealt with and the reasons for not considering the testimony of any witness called, in case it is applicable, The circumstantial evidences believed upon and also it is important to record all the facts in a manner that the verdict can be a clear substantiated verdict.
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