Internal Committee In Absence Of Evidence Under PoSH Act

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Internal-Committee-Under-PoSH-Act
What IC can do?

The internal committee, or IC, is a quasi-judicial entity. It was established under the POSH Act, which prohibits sexual harassment of women at work. If we talk about the committee’s responsibilities and what it looks after, we can say:

  • Taking precautions to prevent sexual harassment in the workplace
  • Investigating allegations of sexual harassment in the workplace.

IC is frequently challenged with problems such as a lack of evidence or a witness. This frequently occurs when situations at work need to be explicitly stated or arise during one-on-one interactions.

What do you believe IC’s next move will be in this case? We’ll talk about different options for IC in the event that the proof isn’t available.

Evidence is not necessarily a criterion for accepting a mistake.

The POSH statute makes it crystal clear that proof must always be present in order to register a complaint. If an employee is subjected to harassment and is unable to obtain any evidence, they may approach the IC and must inform them that the IC will ensure that all necessary steps are taken to provide justice.

Given the fortitude required to break the stereotype and speak out, the IC must be empathetic and appreciative enough to examine the severity of the matter and file a complaint.

The POSH legislation, on the other hand, makes it illegal to make a fraudulent complaint.

This, however, should not deter the victim from making a complaint. The IC must make it plain to the victim that regardless of whether or not they are able to submit proof, the matter will be thoroughly investigated and recorded.

IC has the authority to investigate and enquire into the matter.

What can an Internal Committee do?

Due to the lack of photographs or videos in some cases of sexual harassment, it may be impossible to investigate the situation immediately. In some circumstances, the tangibility of the evidence is a major concern.

This isn’t to say that IC is incapable of doing anything. IC can proceed with the following sequence of events:

1. Listening to both the respondent and the victim

A chat between the two parties would provide greater clarity, as body language and discourse play an important role in determining someone’s actions.

In addition, the IC can confirm the location of the occurrence. CCTV footage is the key to resolving the issues.

2. Internal Committee can hear the witnesses out

Another factor that could make a difference is speaking with those directly or indirectly involved in the occurrence.

Those who the IC believes were in the area at the time of the occurrence would be the main players here. You can get those interviews employed who was being talked to by the victim or the responding party.

3. Look into the background

By knowing the background of the two parties, IC can dig into the case further to see if the victim has attempted to accuse the response with a false complaint.

The IC must be aware of both parties’ backgrounds to reach a meaningful conclusion.

4. If at all feasible, obtain evidence

The IC must take proactive steps to determine whether the complaint contains a motive to fabricate evidence. With all of the options available, a complaint with a malicious purpose can be effectively removed.

The Final Verdict

If the case implies that there is even a 50% likelihood that the event will occur based on personal discoveries, interviews, and evidence collection (if possible), the IC must file the complaint and subsequently give justice to the victimized.

A case must be thoroughly examined to be solved. So, except for a thorough investigation, nothing could be done.

Do you want Training on PoSH for you or your employees? Connect with us at partner@edu4sure.com or call us at +91-9555115533.

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