PoSH Updates: Safeguarding complainants & witnesses in PoSH cases

Sexual harassment in the workplace is a pressing issue that requires strict legal measures to protect victims and ensure justice. In a recent development, the Supreme Court of India refused to entertain a plea seeking protection for complainants and witnesses in sexual harassment cases. 

This decision has significant implications for Human Resources (HR) managers and Internal Committee members responsible for addressing workplace sexual harassment complaints. In this blog, we will delve into the details of the Supreme Court’s decision, and its implications. We will also suggest proactive measures that HR managers and Internal Committee members can take to ensure the safety and well-being of complainants and witnesses.

Understanding the Supreme Court’s Decision

The plea brought before the Supreme Court sought directions to protect the identity and confidentiality of complainants and witnesses in sexual harassment cases. However, the court refused to entertain the plea, stating that maintaining the anonymity of complainants and witnesses might impede a fair and impartial inquiry. The court emphasized that the principles of natural justice require both parties involved in the case to have access to relevant information.

Also read: PoSH Updates: Expanded powers of the IC under the PoSH Act

Implications for HR Managers and Internal Committee Members

The implication of this development demands a higher level of understanding in the IC members and HR managers. Some of these implications include identity protection challenges, fear of retaliation, and psychological impact. Let’s look into these in some detail:

1. Identity Protection Challenges: 

The Supreme Court’s decision implies that complainants and witnesses may no longer be guaranteed anonymity during the investigation process. This might deter victims from coming forward and hinder their willingness to report incidents of sexual harassment,

2. Fear of Retaliation: 

Without the assurance of protection, complainants and witnesses may fear retaliation from the accused or colleagues, leading to underreporting of sexual harassment cases. This hampers the ability of HR managers and Internal Committee members to address and resolve such incidents effectively.

3. Psychological Impact: 

The absence of identity protection can have severe psychological consequences for complainants and witnesses. Fear of stigma, social repercussions, or damage to professional reputation can create significant emotional distress, making it harder for individuals to participate fully in the investigation process.

Proactive Measures for HR Managers and Internal Committee Members

HR managers and IC members should take proactive measures in keeping the confidentiality and privacy of the parties involved intact. Some measures include sensitization and awareness, confidentiality measures, support systems, timely resolutions, and empathy and non-retaliation.

1. Sensitization and Awareness: 

Conduct regular awareness sessions and training programs to educate employees about sexual harassment laws, policies, and the support available to victims. Emphasize the importance of maintaining a safe and inclusive work environment.

2. Confidentiality Measures: 

Even if the court does not guarantee anonymity, organizations can adopt internal policies to maintain confidentiality as far as possible. Establish strict protocols for handling complaints, ensuring that sensitive information is shared on a need-to-know basis.

3. Support Systems: 

Implement robust support mechanisms such as employee assistance programs, counselling services, and helplines to provide emotional and psychological support to complainants and witnesses throughout the investigation process. Make these resources easily accessible and widely known within the organization.

4. Timely Resolution: 

Ensure that the Internal Committee conducts investigations promptly and diligently. Delays can exacerbate the stress experienced by complainants and witnesses. Establish clear timelines and follow a well-defined process to expedite the resolution of sexual harassment cases.

5. Empathy and Non-Retaliation: 

Foster a culture of empathy and non-retaliation within the organization. Encourage employees to report any instances of harassment without fear of reprisal. Take strict action against those found guilty of retaliation or victim-blaming.

Also read: PoSH Act Updates: SC issues directions for effective PoSH implementation

Conclusion

While the Supreme Court’s refusal to entertain the plea for the protection of complainants and witnesses in sexual harassment cases presents challenges, HR managers and Internal Committee members can still play a crucial role in ensuring a safe and supportive workplace environment. By implementing proactive measures, raising awareness, and providing comprehensive support to victims, organizations can help mitigate the negative impact of this decision. It is vital to uphold the principles of fairness, justice, and empathy while addressing workplace sexual harassment cases and protecting the rights and well-being of all employees.

How can Ungender help you?

At Ungender, our team of experts facilitates intensive IC training and capacity-building sessions for your IC that help them understand the criticality of maintaining confidentiality. We also organize employee awareness programs that help your team understand keeping the proceedings private and how it can result in retaliation. Get in touch with us to know more about our services.