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Understanding the Inquiry Process: PoSH

Faakirah Junaid

- April 16, 2021

When we look at understanding the concept of inquiry it’s important to note that the law has laid down the guideline that the ICC has to necessarily follow the principles of natural justice in conducting their inquiry. 

What does “the principles of natural justice” mean? 

A complaint relating to sexual harassment is a sensitive matter. It has been well explained by the court in the following case law:

In the case of Ashok Kumar vs University of Delhi, the court said: 

“That is a sexual harassment complaint, sometimes the complainant may not have the courage to depose all that has happened to her at the workplace. There may be an atmosphere restraining the free expression of the victim’s grievance before the ICC. The privacy and secrecy of such victims are also required to be protected. It is to be noted that verbal cross-examination is not the sole criteria to contradict or contradict any statement given by the aggrieved before any authority.”

Here, the court examines that in the case of a sexual harassment complaint, the complainant may not have the courage or the emotional stability to speak about the trauma they have experienced. This could be owing to a lack of safe space to express themselves in front of the committee. It is imperative to uphold the privacy of the complainant. 

“Primarily, in a sexual harassment complaint, the ICC has to verify and analyze the capability of the aggrieved to depose before them fearlessly without any intimidation. If ICC is of the view that the aggrieved is feeble and cannot withstand any cross-examination, ICC can adopt such other measures to ensure that the witness’s statement is contradicted or corrected by the delinquent in another manner. Fair opportunity, therefore, has to be understood in the context of an atmosphere of free expression of grievance.” 

This case law further elaborates that:

“Fundamental principles relating to the principles of natural justice is that when prejudicial statements are made, the same shall not be used against any person without giving him an opportunity to correct and contradict.”

The judges acknowledge that it can be difficult for a complainant to express themselves with the respondent present in the same room. They deliver on the matter by upholding the “free expression “ of the complainant, which is very difficult to achieve in presence of the respondent. 

The court, therefore, puts the onus on the internal committee to create another mechanism to cross-examine the status of the complaint that doesn’t include the victim and respondent being in the same room.

Takeaways for the Internal Committee

  • The inquiry process should be confidential and a safe environment for the victim to be able to communicate the incident without any fear.
  • To formalize a mechanism where the complainant and respondent are not in the same room. This is to ensure that the complainant’s statements are not corrected or contradicted by the respondent.
  • The complainant should be given a safe space and the fair opportunity to express themselves freely. The ICC must ensure an atmosphere that fosters the same, specifically focusing on being free from any fear of retaliation. 

Glossary of legal maxims used:

Principle of natural justice: This principle is used while adjudication of a case. Where a person is guaranteed a fair, unbiased hearing.

For eg: Both the respondent and the complainant should be given equal opportunity to represent their case without any discount. The act of making sure that both sides have had adequate representation means that principles of natural justice have been followed. 

Another fact that the juror shouldn’t be related to either parties so as to eradicate bias which again is a principle of natural justice.

Prejudicial statements: statements that can cause a preconceived opinion. In legal cases they can change the course of the case and result in a partial/ biased judgment. 

For eg: if a person has been convicted of harassment before and that is being used as a statement against him in the present case. Hence the statement can build a bias on the jurors mind who would likely believe that the person would’ve committed the act again. 

Free expression: In the given article it can be understood as the ability to express one’s opinion free from any fear. Here we understand that the victim would fear harm or it would harass them mentally if they’re cross questioned in front of the accused. The courts identify the lack of safety the situation would put them in hence hindering the ability of free speech.

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Balaji P

Design Consultant

Balaji has a bachelor’s degree in mechanical engineering from PSV Engineering College and has practised UX design at Growth School in Bangalore.

As an associate UX/UI designer at Krishworks, Balaji is responsible for collecting client requirements and converting them into usable digital products using UX principles. He also helps in maintaining brand identity and aesthetics in the products by creating UI design systems and high-fidelity screens. For Serein, Balaji has designed the PoSH LMS Product and the website.

Bhavini Pant

Safety and PoSH expert

Bhavini serves as a PoSH external member for 30+ companies in industries like education, healthcare, IT, Pharma, and more. She has 70+ hours of experience consulting on sexual harassment investigations in the workplace and supporting partner organizations on the legal procedure and best practices for workplace safety.

Before Serein, Bhavini worked as an archivist at Tata Institute of Fundamental Research, Mumbai, and as an editorial assistant for IIT Bombay’s PR and Alumni Associations department.

She has a Master’s degree in Education from Azim Premji University where she worked extensively with the management on anti-sexual harassment legal implementation. Her work involved the interpretation of the law in a university as a workplace and an educational institution for adults. 

Dr. Ishani Roy

Founder and CEO

Ishani founded Serein to provide a data and research-based approach to solving DEI challenges at the workplace. She advises company leaders, startup founders, and venture capital firms on industry best practices to increase diversity and design a DEI roadmap.

Ishani is a recipient of the Cartier Women’s Initiative Award 2023 for the global impact of her work in the DEI space.

Before founding Serein, Ishani was a scientist at GE Research working in the Aerospace Lab. She holds a Ph.D. in Applied Mathematics from Brown University on developing mathematical models to solve Astrophysics problems. She did her Post-doctoral studies at the University of Oxford and St. Thomas Hospital in Biomathematics.

Chryslynn D’Costa

Co-founder and CPO |

Chryslynn leads the product development of Serein’s DEI SaaS tool. She designs learning content and strategic insights for companies to measure their DEI growth, and achieve bias-free recruitment and psychological safety.

Chryslynn is a regular columnist with publications like ‘LiveMint’ and ‘The Hindu’ where she writes about unconscious bias, prevention of sexual harassment, and company culture.

Before Serein, she was a Gandhi Fellow working in rural Rajasthan to address educational leadership and gender equity in government schools. She graduated from Azim Premji University in Bangalore with a Master’s in Education where she specialised in gender and sexuality education.

Bianca D’Costa

Head of PoSH: India, Global

Bianca leads the compliance partnerships and workshops on anti-sexual harassment, anti-harassment and anti-discrimination laws in India, South East Asia, Europe, and the USA. She has 100+ hours of experience consulting on sexual harassment investigations in the workplace.

Bianca designs gamified learning modules for a unique and impactful learner experience on topics like gender inclusion, PwD inclusion, LGBTQIA+ inclusion, and regional inclusion among others. 

Before Serein, Bianca worked in hospitality for 5 years with Emirates Airlines. She holds a Bachelor’s degree in Political Science from St. Xavier’s University, Mumbai. She is presently pursuing a Master’s degree in Gender and Sexuality in Global Politics from SOAS University of London.

Aparna Pandurangan

Head of Operations

Aparna is leading the finance and operations at Serein. She has also been responsible for Serein’s online platform, customer management, and marketing.

She works closely with Serein’s 500+ long-term partners to ensure they are compliant with the Prevention of Sexual Harassment (PoSH) law. Aparna is a workshop facilitator on topics like the prevention of sexual harassment at the workplace in languages like Tamil, Telugu, and Kannada.

Aparna Pandurangan holds a degree in Electronics and Communication Engineering from Anna University, Chennai. 

Faakirah Irfan

Head of Legal

Faakirah is a legal professional and expert facilitator on topics like anti-sexual harassment, anti-harassment and anti-discrimination laws in India, South East Asia, Europe, and the USA. Faakirah has conducted 100+ training sessions on the prevention of sexual harassment for employees and internal committee members.

She has 150+ hours of experience consulting on sexual harassment investigations in the workplace. Her legal research at Serein includes policy analysis, human rights, women’s rights, and document drafting.

Faakirah is an experienced legal professional. She completed her Bachelor’s degree in law with a focus on women’s rights and policy analysis from the University of Kashmir. She holds a Master of Law degree specializing in alternative dispute resolution from O.P Jindal School of Law.

Dr. Ruchika Sharma

Guest Consultant: Gender

Ruchika assists with research and facilitation of sessions on domestic violence, sexual harassment, employee well-being, and women’s leadership. She is a feature writer for Serein’s blogs where she writes about gender, women’s history, domestic violence, and sexual harassment awareness in the workplace.

Ruchika is a published author with books like ‘Concubinage, Race and Law in Early Colonial Bengal: Bequeathing Intimacy, Servicing the Empire’ published by Routledge, Taylor, and Francis publications. She has been teaching History at the University of Delhi for over a decade. She has a Ph.D. in History from the Centre for Historical Studies, Jawaharlal Nehru University, New Delhi.

Arathi Kannan

Head of DEI: India, Global

Arathi leads the design and execution of DEI measurement tools for global partners. These include Serein’s Diversity Index, the scope of unconscious bias in recruitment and promotions, and the scope of unconscious bias in external messaging. 

She has also designed a standardized tool to review company policies and products through an inclusion lens. Arathi leads workshops on inclusion, unconscious bias, domestic violence, mental health, and well-being. 

Arathi is a published researcher with Master’s degrees in Applied Psychology and Criminology from Bond University, Australia. Her experience includes working with people from different backgrounds, including refugee groups.

Thejaswini CA

LMS Platform Associate

Thejaswini is responsible for the operations and maintenance of Serein’s in-house e-learning platform. She assists customers to deliver learning content and assess employee engagement through Serein’s tracking system. 

Thejaswini is also engaged with finance and other operations to ensure Serein’s 500+ long-term partners are compliant with the Prevention of Sexual Harassment (PoSH) law.

Thejaswini holds a Bachelor’s degree in Computer Application from Field Marshal KM Cariappa College, Kodagu.

Rhea D’Silva

Designer

Rhea is the aesthetic and creative eye behind Serein’s marketing and sales collateral. She manages website content and social media content calendar. She works closely with Serein’s content experts to design catchy invites, toolkits, and company culture reports.

Rhea creates animated content for Serein’s learning platform. She is focused on understanding the user’s need for engagement and learning to create impactful content. 

Rhea holds a Bachelor’s degree in Mass Media from St. Xavier’s University, Mumbai where she majored in advertising.

Rishab Prasad

DEI Specialist

Rishab is passionate about creating long-term partnerships with Serein’s customers. He is responsible for marketing, operations, customer onboarding, contract writing, and relationship building. Rishab uses his directing and filmmaking skills to design engaging content for Serein’s social media platforms.

Rishab holds a Bachelor’s degree in Economics with Honours from CHRIST University, Bangalore. He has directed more than nine short films on topics like stigmas of menstruation, widowhood, and adoption.

Kaushik Mazumdar

Engineering and Platform Consultant

Kaushik has 14+ years of experience across IoT, Systems, Gaming, and Telecom, building high volume production applications and products with worldwide presence.

He looks after the technology and education segment of Krishworks, and has built Ed-Tech products to improve English Literacy in rural areas of India with QR coded books, Smart Classrooms, Teacher Trainings and increased involvement of parents.

Kaushik holds a Bachelor’s degree in Information Technology. He mentors a young and dynamic team aligned to the vision of Krishworks. Outside of work, he is a fitness and technology enthusiast, and loves running and swimming.

Kirtika N

Safety and PoSH expert

Kirtika is an expert speaker and workshop facilitator on topics like sexual harassment awareness, bystander intervention, and anti-harassment redressal mechanisms. She has developed learning content for investigating committees on topics like witness cooperation in a workplace sexual harassment inquiry proceeding. 

Kirtika serves as a PoSH external member for 30+ companies in fintech, healthcare, business management, gaming, and more. She has 50+ hours of experience consulting on sexual harassment investigations at the workplace and supporting partner organisations on legal procedure and best practices.

She has a Master’s degree in Counseling Psychology from Montfort College, Bengaluru, and has experience working as a trainee counselor.

Sharanya Venkataraghavan

Safety and PoSH expert

Sharanya serves as a PoSH external member for 15+ companies in e-commerce, fintech, healthcare, SaaS, and more. She supports partner organisations on legal procedures and best practices to build safe work cultures.

She has been involved in the review of PoSH policies, labour law compliances, and research regarding the risk of secondary victimisation of complainants under the PoSH Act.

Sharanya graduated with BBA, LLB (Hons.) degree from Symbiosis Law School, Pune. She has experience in PoSH and employment law with notable law firms like Shardul Amarchand Mangaldas and Co., J. Sagar and Associates, among others.

Nandini Abraham

Statistical Analyst

Nandini conducts extensive industry-specific research on DEI trends in India, South East Asia, Europe, and the USA. Nandini is responsible for developing statistical models for DEI assessment on Serein’s DEI SaaS Tool. She designs measurement tools for DEI benchmarking, inclusion assessments, and employee experience surveys.

Nandini is passionate about creating engaging and impactful reports, toolkits, and playbooks for Serein’s customers.

Nandini holds a Bachelor’s degree in Economics, Mathematics & Statistics from St. Joseph’s College, Bangalore.

Nithya R

HR and Compliance Lead

Nithya drives operational excellence within the HR function. She ensures that Serein maintains the highest standards of HR practices and ethical conduct. Her role extends beyond traditional HR responsibilities as she also serves as an External Member of the Internal Complaints Committee (ICC) for Serein’s clients, specialising in preventing workplace harassment through the PoSH vertical.

Nithya has graduated in Commerce from the University of Lucknow and has rich experience in hiring and retaining the best talents in the industry with companies like BukuWarung and Belong.co.

Sri Padmavathi C

Finance Consultant

LinkedIn

Sri Padmavathi C specialises in providing accounting consulting services to companies. She helps in assisting & maintaining Serein’s Books of Accounts, GST, TDS, PT filing, financial statements preparation & audit review.
 
She holds an MBA with Finance Specialisation from Annamalai University, and has also has done CA articleship under CA Tom Joseph’s guidance.

Anisha Debnath

PoSH and DEI Workshops Facilitator

As a PoSH and DEI Workshops Facilitator, Anisha is primarily responsible for conducting sessions and facilitating conversations that enable building of safe and inclusive workplaces for all. Anisha also undertakes in-depth research into various Diversity, Equity and Inclusion issues that plague our work cultures today. All of this research goes into designing bespoke sessions and curating interactive learning experiences for several of Serein’s partners. 

Anisha has a background in History, especially in the history of gender and early feminism in colonial South Asia. 

Anisha has a Bachelor’s degree in History (Hons.) from Gargi College, University of Delhi. She has also studied for an MPhil in World History from the University of Cambridge, United Kingdom.

Aseem Deuskar

Inclusive Workspace Architect

LinkedIn

Aseem is an Inclusive Workspace Architect dedicated to reshaping workplace diversity and accessibility. He is skilled in conducting comprehensive accessibility audits and implementing inclusive design solutions.


Aseem is passionate about creating environments that foster equal opportunities

He holds a Bachelor’s degree in Architecture and a Master’s degree in Urban and Regional Planning.

 

Siri Prasad

Safety and PoSH Expert

Siri Prasad is a Safety and PoSH Expert at Serein and serves as an External Member of the Internal Complaints Committee (ICC) for Serein’s clients. Her work is not limited to, but includes advising in legal procedures, best practices for safe work cultures, and reviewing of PoSH policies and labor law compliance.

Siri is a Gold Medallist and holds a BBA, LLB (Hons.) from Christ University and a Masters in Science (International Employment Relations) from the London School of Economics and Political Science, where she also served as the EDI Officer.

Abhishek Ghattamaneni

Head of Financial Strategies

Abhishek is a seasoned professional with a wealth of experience in finance and corporate governance. With over 15 years of expertise as a qualified Company Secretary, he has made significant contributions to the finance departments of companies within the real estate and startup sectors.
 
Having worked extensively with organisations operating across multiple countries, Abhishek brings a deep understanding of international taxation to the table. Notably, he achieved an impressive 42nd rank in 12th grade under the AP Education Board, demonstrating a strong academic foundation to complement his professional achievements.

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