Imagine you step out to celebrate your best friend’s birthday and you are told by your neighbour that a girl should not step out late in the night. Would you be okay with that?
Moral policing refers to the act of imposing a set of moral standards or codes of behaviour on others, often in an overreaching or authoritarian manner. In the workplace, this can manifest when authorities, such as Internal Committees (ICs), overstep their boundaries by judging and acting upon employees’ personal lives or relationships.
To understand this better, let’s dive into the judgement of Bibha Pandey vs. Punjab National Bank and Ors., where the Delhi High Court addressed the limitations of an Internal Committee’s (IC) role under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act).
Bibha Pandey, employee of Punjab National Bank, Mumbai filed a sexual harassment complaint against her general manager. The IC concluded that Ms. Pandey and the Respondent were in a consensual personal relationship, and the allegations of harassment were not substantiated. The IC recommended disciplinary action against both parties stating that this kind of behaviour was unprofessional in nature.
Biba Pandey, the Complainant, contested this recommendation, arguing that under Section 13(2) of the PoSH Act, which states that if a complaint is not proven, the IC should recommend no action.
On hearing the case, the Delhi High Court emphasized that the IC’s jurisdiction is limited to determining whether or not sexual harassment has occurred. If the IC is unable to determine this, they should conclude that no further action is required. The court also stated that moral policing is not the responsibility of the IC or management, and consensual relationships between adults are not anyone’s concern unless they breach organisational disciplinary codes or rules.
This judgment reinforced that the IC’s role is strictly confined to addressing allegations of sexual harassment alone and nothing beyond that. It also formed an expectation that ICs should focus on investigating specific allegations of harassment without interfering in employees’ personal lives.
How can organisations ensure that their Internal Committees don’t overstep into moral policing?
Here are some ways this can be put into action:
- Provide clear guidelines: Develop comprehensive guidelines that clearly outline the scope and limitations of the IC’s operations. These guidelines should specify the IC’s primary responsibilities, such as investigating allegations of misconduct and emphasise that their role does not include judging employees’ personal lives or moral choices unless they directly affect the workplace.
- Training and development: Offer regular training sessions for committee members to help them understand their roles, responsibilities, and the legal framework within which they operate. These trainings should focus on the specifics of handling complaints under the PoSH Act and focus on creating awareness regarding prevention of gender discrimination and bias.
- Reinforcing a professional culture: Leaders should model appropriate behaviour and encourage a culture of professionalism and respect within the organisation. The management must also ensure that committee members are selected based on their ability to remain unbiased.
- Provide opportunities for reporting overreach or misuse of power: Provide employees with multiple channels to report any perceived overreach or misuse of authority by the IC during an investigation. This can include anonymous reporting mechanisms or designated ombudsmen who can investigate and address such concerns independently. Internal Committees play a crucial role in safeguarding a respectful and safe environment, but they also must operate within clearly defined limits. It’s about drawing the line where it belongs and keeping it there.
Reach out to hello@serein.in to understand how you can create an unbiased committee to help investigate cases of sexual harassment under the PoSH Act.