Common Challenges in PoSH Inquiries and Solutions for Internal Committee

The Internal Complaints Committee (ICC)/ Internal Committee (IC) upholds workplace dignity by addressing sexual harassment complaints. However, carrying out PoSH inquiries is rarely a straightforward procedure. ICC members are anticipated to deal with legal, emotional and organisational issues with meagre resources or training. If these challenges are not addressed, they can weaken the inquiry process. This blog discusses ICC members’ common challenges in PoSH inquiries and offers practical solutions to strengthen them.

1. Lack of Legal Clarity

One of the most frequent challenges during PoSH inquiry is that IC members may lack legal understanding. The PoSH Act comprehensively addresses workplace sexual harassment, but it necessitates that organisations adhere to procedural timelines, inquiry standards, and documentation protocols. Many ICC/IC members struggle to apply legal principles/precedents while conducting the inquiry, which can lead to invalid outcomes or procedural lapses. This gets particularly complicated in borderline or complex cases that don’t fit into defined categories. For example, the complainant accuses her manager of belittling her work, excluding her from meetings, and commenting on her attire. While some behaviors may constitute workplace harassment or power play, and others sexual harassment, the Internal Committee (IC) may find it difficult to differentiate, especially if the behavior isn’t overtly sexual.

2. Inadequate Training and Preparation

Most ICC/IC members start with minimal training. They might lack the information about conducting an inquiry, assessing witness statements, or preparing in-depth reports that can resist legal scrutiny. Without a proper understanding of the nuances involved, the ICC may overlook critical evidence or fail to ask pertinent questions, compromising the fairness of the inquiry.  To address that, ICC-specific programs are essential to equip members with practical tools and inquiry frameworks like documentation templates, and legal debriefs to conduct fair inquiries. 

3. Bias and Conflict of Interest

Internal biases, whether conscious or unconscious, can significantly influence an inquiry. An IC/ICC member’s personal or professional proximity to the aggrieved woman or respondent can result in partiality; such conflicts can undermine the credibility of the inquiry and can lead to legal challenges. A robust conflict of interest clause in a PoSH inquiry is important to ensure a fair and unbiased process. Members should disclose any prior association and recuse themselves where necessary. Hence, an external member plays an important role in maintaining neutrality and making unbiased decisions during the inquiry. 

4. Breach of Confidentiality

Confidentiality is the cornerstone of a fair PoSH inquiry. However, accidental or intentional leaks, whether through informal conversations or unsecured email, can damage trust, tarnish reputation, and lead to legal repercussions. Breaching confidentiality can result in an ICC/IC member’s disqualification. According to Section 17 of the PoSH Act read with Rule 12, the employer can impose a fine of INR 5,000 for each breach of confidentiality as per Section 16, and repeated violations can lead to more severe penalties. 

5. Emotional Sensitivity and Stress

Due to the power imbalance, emotional distress, and traumatic experiences involved in sexual harassment complaints, Internal Complaints Committee (ICC) members must be trained well to conduct the inquiry basis the process. An untrained ICC Member may inadvertently re-traumatise the complainant or mishandle their testimony.

6. Resistance from Employees or Management

Even with the PoSH Policy in place, systemic challenges can create problems for the PoSH ICC/IC. These may include a lack of department cooperation, delays in inquiry, or pressure to informally resolve matters to avoid escalation. When senior leadership fails to reinforce the importance of following the process, it sends a message that compliance is optional, affecting the credibility and effectiveness of the ICC. To combat this, organisations should prioritise PoSH training and compliance initiatives that emphasise the significance of a supportive culture and encourage all employees to engage actively with the process, promoting a safer workplace environment.

7. Time and Resource Constraints

Due to the fact that most Internal Committee (IC) members have PoSH responsibilities on top of their primary work duties, and often lack sufficient time or administrative support, PoSH inquiries can experience delays or be inadequately documented. Such delays can obstruct justice and discourage future complainants. Therefore, clear timelines and administrative assistance are crucial for a successful inquiry process.

1. Build Legal Understanding

A significant challenge in PoSH inquiries is that ICC/IC members often lack legal literacy. To overcome this, organisations should ensure that all ICC/IC members receive targeted legal training. This includes comprehensive training on the PoSH Act, its evolving interpretations, and landmark case laws. Expert-led workshops also help understand legal jargon and empower IC members to navigate complex cases. Maintaining updated legal templates, checklists, and reference materials can help Internal Committees manage all PoSH complaints consistently and accurately.

2. Prioritise IC/ICC Training

The strength of any PoSH IC committee lies in its preparedness. Regular hands-on training, with real case scenarios, is critical. Training should focus on sharpening core competencies: neutral questioning, empathetic listening, objective documentation, and precise report writing. Peer learning can be very effective; post-inquiry debriefs (while maintaining confidentiality) encourage shared learning and continuous improvement.

3. Implement Conflict of Interest Protocols

One of the often overlooked PoSH Act challenges is bias within the ICC/IC. A strict conflict of interest declaration should precede every inquiry to safeguard inquiry integrity. Any ICC/IC member who may appear biased should be recused and replaced. In high-risk or sensitive cases, an external member enhances credibility and reduces the incidence of biasness.

4. Enforce Confidentiality Measures

Confidentiality is non-negotiable in any sexual harassment complaint. Mandatory confidentiality agreements for all stakeholders – aggrieved women, respondents, witnesses, and ICC members, help protect the inquiry process. To ensure confidentiality in PoSH inquiries, organisations should implement restricted access to all communication and documentation related to PoSH complaints. This will ensure that sensitive information is only accessible to authorised personnel, minimising the risk of accidental or intentional leaks.

5. Equip ICs to Handle Emotional Scenarios

Handling sensitive cases requires training the IC committee in trauma-informed practices, enabling them to conduct inquiries with empathy and care. Providing access to optional counselling for all parties, including ICC/IC members, can help manage stress and create a safe space for open dialogue.

6. Foster Organisational Support

An effective ICC requires clear support from senior leadership. This means upholding ICC/IC independence, integrating PoSH training into onboarding, and documenting any non-cooperation. Visible leadership commitment creates a zero-tolerance culture and ensures proactive handling of complaints. When leadership prioritises implementation of the PoSH policy, the ICC/IC can function effectively.

7. Allocate Time and Resources

Due to limited time, administrative support, and other work duties, ICC/IC members often conduct delayed and poorly documented PoSH inquiries. Such delays can obstruct justice and discourage future complainants. Therefore, clear timelines and dedicated administrative assistance are crucial for a successful inquiry process.

Conclusion

The ICC/IC plays a pivotal role in maintaining workplace safety and dignity, but challenges in PoSH inquiries can weaken the system’s effectiveness. With focused training, institutional support, and structured protocols, ICC members can overcome these hurdles and conduct fair, timely, and legally correct inquiries. Whether you’re part of a startup or a large enterprise, addressing these PoSH Act challenges head-on is essential for long-term cultural and legal compliance. Complykaro is here to help you navigate these challenges.

Need expert guidance for your ICC/IC? Contact us to schedule a session for our expert-led training and elevate your IC’s proficiency in handling PoSH inquiries.