Confidentiality in PoSH Matters: Provisions, Importance, and Best Practices

To maintain safe and respectful workplaces, the Prevention of Sexual Harassment (PoSH) Act, 2013, was introduced for all employees. It sets out preventive measures, complaint mechanisms, and redressal processes to deal with sexual harassment at work. It is also important to understand that confidentiality is one of the most crucial aspects of the Act.

By protecting the identities of the complainant, respondent, and witnesses, organisations not only safeguard their dignity but also encourage reporting without fear of retaliation or stigma. When confidentiality is strictly maintained, it helps organisations to uphold fairness, build trust, and strengthen their commitment to a safe and compliant workplace culture.

Section 16 of the PoSH Act explicitly bars the publication, communication, or disclosure of information related to complaints and the identities of the complainant, witnesses, and respondent, as well as proceedings before the Internal Complaints Committee (ICC) or Local Committee (LC).

As the PoSH Act places strong emphasis on confidentiality, PoSH training in India helps organisations ensure it is maintained at every stage, from reporting to inquiry and resolution. During the reporting phase, it protects the complainant from fear of exposure or stigma. In the inquiry stage, it promotes fairness by preventing external influence or bias. And, at the resolution stage, confidentiality helps protect the integrity of outcomes and organisational credibility.

As highlighted in Section 16, the PoSH Act confidentiality provisions make confidentiality central to handling workplace sexual harassment complaints. Besides preventing the disclosure of complaint details or identities, the Act also provides clear guidelines to handle each case with care and sensitivity at every stage.

All individuals connected to the process, like ICC/IC members, employers, parties involved, and witnesses, are legally obligated to maintain confidentiality. Evidence, documents, and inquiry records must be securely stored and should not be shared with anyone outside the proceedings.

The Act also explicitly outlaws media disclosure, preventing names, complaint details, or inquiry outcomes from being published or communicated publicly. This ensures protection from stigma and reputational harm.

When confidentiality is followed throughout the process, these provisions support a secure environment in which employees can voice concerns without hesitation and organisations can manage cases lawfully and responsibly.

Due to the deeply sensitive and personal nature of such complaints, confidentiality plays a critical role in workplace sexual harassment cases. Employees are often hesitant to come forward due to fear of judgement, stigma, or damage to their professional reputation. By ensuring confidentiality, organisations create a safe space where complainants feel protected and respected.

When the privacy of the aggrieved is maintained, the risk of retaliation, whether in the form of career setbacks, workplace hostility, or social isolation, is reduced. It also assures witnesses that they can share their accounts without fear of exposure.

Confidentiality is also vital for psychological safety, allowing employees to trust that their concerns will be handled with discretion and fairness. By upholding confidentiality, organisations not only prevent unnecessary harm but also strengthen trust in the complaint process, which is instrumental in building a workplace free from sexual harassment.

Under the PoSH Act, the reporting stage is the initial and generally the most sensitive step in handling a workplace sexual harassment case. When an aggrieved woman files a complaint, it must be received with discretion and respect, ensuring that her privacy is protected from the very beginning. During the complaint intake process, the Human Resources (HR) team or the Internal Committee (IC) plays a crucial role in maintaining confidentiality.

The identity of the aggrieved woman, the respondent, witnesses, or any details of the complaint must not be shared beyond the IC or other authorised individuals. This non-disclosure is crucial to prevent bias, gossip, or workplace stigma, which could discourage others from reporting.

By handling complaints privately and professionally, organisations strengthen employee trust in the redressal system and ensure that inquiries proceed in a fair, unbiased environment.

To understand how complaints are handled while maintaining privacy, explore our guide on the PoSH complaint process in workplaces.

Confidentiality is crucial during the inquiry stage to guarantee fairness and protection of each party involved. Witness statements, cross-examinations, and evidence reviews must be conducted discreetly, with strict restrictions on who has access to the information. Internal Complaints Committee (ICC/IC) members are legally obligated to handle all records, documents, and communications with complete confidentiality.

Testimonies, case files, and supporting evidence should be securely stored and not be disclosed to anyone outside the proceedings. To protect any influence, each communication should remain limited to authorised individuals/IC members.

During the inquiry, any breach of confidentiality can disclose complainants and witnesses to retaliation, endanger the honour of the inquiry, and even cause damage to the trust in the redressal process.

When organisations maintain confidentiality, it reinforces the credibility of the ICC and ensures inquiries are conducted lawfully without any prejudice.

A major challenge in handling PoSH cases is keeping information confidential while making sure the process remains fair. While the findings of an inquiry may be communicated to the concerned parties, the details of the complaint, evidence, and testimonies must remain strictly confidential. Employers and Internal Committee (IC) members must balance transparency in reporting decisions with the legal obligation to protect privacy. Organisations must also adhere to statutory reporting requirements without disclosing sensitive information, thereby ensuring both compliance and trust in the process.

1. Policy Framework

By implementing a clear PoSH Policy which defines privacy expectations and procedures for handling complaints, organisations can strengthen confidentiality in PoSH cases.

2. Training

Breaches are less likely when IC members and employees receive proper sensitisation & skill-building training on their legal and ethical obligations.

3. Document Security

Documents, evidence, and records must be securely stored, with access limited to only authorised personnel.

4. Audits and Reminders

Regular audits and timely reminders help ensure compliance, keeping sensitive data protected during the reporting, inquiry, and resolution stages.

Confidentiality is not only essential for protecting the dignity and rights of all parties involved but is also a cornerstone of the PoSH framework. Organisations must prioritise confidentiality practices to ensure that sensitive information is handled responsibly at every stage. When confidentiality is embedded in the process, it fosters trust in the redressal system, encouraging safe and sexual harassment-free workplaces.

With expert-led PoSH training and compliance guidance from Complykaro, and services including instructor-led PoSH sessions and PoSH e-Learning course, organisations can strengthen their PoSH framework and handle sensitive matters with integrity and discretion. Contact us today to build stronger compliance and a safer work environment.