Serein

Diagnose your culture health to surpass global standards

Implement changes that enhance productivity and performance

Avert risks and stay updated on your statutory responsibilities

Featured

Insights

Fuel your culture with research and insights on leading change, growth, and engagement

See how we’re making headlines and shaping conversations that matter

Bold conversations on inclusion where history meets modern thought leadership

Featured

Explore our global client footprint, industry expertise and regional impact

Meet the team of experts behind the ideas and impact that drive our work

Featured

How to file a PoSH complaint in the absence of evidence

Serein Legal Team

The Sexual Harassment of Women in the Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act) is comprehensive, and well-thought-out law. This law covered virtual spaces as workplaces even before the pandemic! 

It has other unique features like the setting up of an Internal Committee (IC) as well as providing this committee with quasi-judicial powers like a civil court. But a significant feature to focus on is the concept of evidence under the PoSH Act.

The Indian Evidence Act, of 1872 does not apply under the PoSH Act. In simple terms, this means that the aggrieved party does not require evidence to file a complaint with the IC.

In such a situation then, how does the IC conduct a thorough inquiry?

Let us begin with the written complaint. While writing the complaint, ensure the following details are present:

  • The identity, and designation of the complainant and the identity of the respondent against whom the complaint is being lodged
  • The dates, time, and location of the incident or incidents, since these are useful for the speedy redressal
  • The identities, designation, and contact information of any other employee who may have witnessed the incident (if any)
  • After the written complaint has been drafted, the following can also be attached if available
    • WhatsApp messages, text messages, emails, or any other platform (Slack, Instagram, Facebook, LinkedIn)
    • Call logs
    • Restaurant receipts or hotel receipts
    • Any person you reached out to immediately post the incident
    • A name of an individual you recall taking a video or picture of the event that could be relevant.
    • Uber, ola, rapido, or any transportation receipt or booking
    • Any CCTV footage (The IC has the power to legally summon for the same)

All of these can be submitted to the IC. In case the complainant is unable to procure the same, the IC is trained to look for such information in places where the Complainant may have missed it.

The non-applicability of the Indian Evidence Act, 1872 on the PoSH Act allows for the IC to establish a preponderance of possibility. This means that the role of the IC is to prove the probability of the incident having taken place and not proof beyond reasonable doubt.

The PoSH Act thus places the onus of creating a safe environment on organisations and the responsibility of carrying out a fair and unbiased investigation on the well-trained IC.

Scroll to Top

Diagnose your culture health to surpass global standards

Implement changes that enhance productivity and performance

Fuel your culture with research and insights on leading change, growth, and engagement

See how we’re making headlines and shaping conversations that matter

Bold conversations on inclusion where history meets modern thought leadership

Explore our global client footprint, industry expertise and regional impact

Meet the team of experts behind the ideas and impact that drive our work

Featured