PoSH FAQ: Can a lawyer represent a party before the PoSH Committee?

As a PoSH Committee or the Internal Committee (IC) member, or as an individual representing a case/complaint before the IC, there are several questions that are to be addressed about the investigation process. In today’s article, we are addressing one of the most frequently asked questions to the IC — Can I bring my lawyer to the Committee meetings? 

The answer, as stated in the law itself, is a No. However, a recent judgment also provides further clarification on the same. 

Recently, the Delhi High Court held that a lawyer or next friend cannot represent a person in PoSH proceedings as the same would be prejudicial against the other party. The court observed that if a person is allowed to take help from a lawyer to represent them, prejudice against the other party, whose case the PoSH Committee is also hearing, will be created.

Also Read: PoSH FAQ: What happens when someone files a false sexual harassment Ccomplaint?

Facts of the Case

The petitioner in this case is facing an inquiry before the PoSH Committee constituted at their workplace under the PoSH Act, 2013. They seek to be represented by a legal practitioner or a person of legal background in these proceedings.

Which question of law did the court decide?

Rule 7(6) of the PoSH Rules states that parties to the PoSH proceedings shall not be allowed to take help from any legal practitioner to represent them in their case at any stage of proceedings before the PoSH Committee.

In the present case, the petitioner challenged an email that was sent to them by the PoSH Committee. In the email, the IC declined the petitioner’s request to be represented by a lawyer because of the prohibition laid down in Rule 7(6).

The issue that the court decided upon was — whether a party to the PoSH proceedings before the PoSH Committee seek help from a legal practitioner to represent themselves despite the bar in Rule 7(6).

Also Read: PoSH FAQ: Can a woman file an anonymous sexual harassment complaint at work?

Contentions by the petitioner

In the plea, the petitioner also contended that since the PoSH Committee has the powers of a civil court, the petitioner should be allowed to be represented through a legal practitioner, advocate, or lawyer.

Moreover, if the petitioner is found guilty by the PoSH Committee, they will be terminated. Due to such “harsh consequences,” the mechanism should necessarily mandate the right of representation of the petitioner. 

Earlier, the petitioner filed a plea challenging Rule 7(6) itself but then withdrew it later. In the present plea, the petitioner limited their prayer to be allowed to be represented by a lawyer.

Contentions by the respondent

The respondents contended that “there is no provision under the Act or Rules which enable the Petitioner to be represented through a legal practitioner and hence no such relief can be granted.”

They also contended that even the complainant (in the PoSH proceeding) does not have the right to legal representation. Therefore, extending such benefits to the petitioner would be prejudicial.

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What did the court say?

The court held that the plea is not maintainable. If the petitioner had challenged the validity of Rule 7(6) and succeeded, they would have been allowed legal representation before the PoSH Committee. At present, the court can only interpret the law as it is.

Further, it said, “there is also merit in the observation that this will create prejudice for the complainant, whose case is also being considered by the internal committee without the aid of the legal practitioner or next friend.”

The court further observed that while the inquiry proceeding of the PoSH Committee may have “far-reaching consequences,” it has to be kept in mind that it is a domestic inquiry. It is not similar to the proceedings before a court of law.

Also Read: FAQs on Sexual Harassment at Workplace Law everyone needs to know

At Ungender, we are addressing the knowledge building of IC members and employee groups on the rights and procedures related to PoSH investigations. Our PoSH Platform, Conduct, allows companies to provide a safe, secure, and legally compliant redressal system. If you are looking for one for your team, write to us at sidra@ungender.in or request a demo.