Two Experts Meet to Demystify the PoSH Act, 2013

The wheels of justice turn slowly but surely. Such is the faith of lawyers and litigators. But it is only prudent for the involved parties in a legal case to be aware of the mechanism of law and prod it along if required. 

Two experts met in a virtual webinar and discussed the PoSH Act, 2013, at the workplace to enable this awareness. They argued their points brilliantly and managed to demystify the PoSH Law for us all. I had the privilege of attending this live webinar at Rainmaker Training Solutions back in the day.

Inquiry Process Under the PoSH Law

After penning an article Expert’s Advice for Complainants of Sexual Harassment*, and another Expert’s Advice for Respondents of Sexual Harassment Complaint, now it was time for me to gather the insights of both the experts to shed light on some lesser-known aspects of the Inquiry process under the Law, The Sexual Harassment of Women at Workplace (Prevention, Prohibition, Redressal) Act, 2013 & Rules 2013 (PoSH Act/PoSH Law). I wish to pass on valuable advice to people who might one day find themselves or their friends/colleagues embroiled in a case of Sexual Harassment in the workplace. 

The Expert Panelists

In this webinar organized by Rainmaker Training and hosted by Antony Alex, Founder and CEO, the two experts are Ms Veena Gowda and Mr Trideep Pais. Ms Veena is one of the leading women’s rights lawyers who has been practising in various prestigious courts for two decades. Mr Trideep is a Senior Advocate in Delhi High Court and has been litigating for over twenty years in criminal and civil law, including cases of sexual offences. He has represented both Complainants and Respondents in cases related to the Sexual Harassment Act at workplace. 

Critical Aspects of the Webinar

What is Conciliation? Is it informal? Is Conciliation only the Right of the Complainant, or can the Respondent have a say in it?

Conciliation, also called Settlement by some experts, is very much part of the PoSH Act (Sec 10) and hence a formal process. It should not be called or treated as informal lest it should take away the legitimacy of this provision. The PoSH Internal Committee must inform the Complainant about this provision. Not only that, the Internal Committee mediates this entire process and makes sure the Complainant is not under duress to accept it. The PoSH Law does not allow any monetary settlement, as this could lead to the possibility of the Complainant being coerced. 

As per the PoSH Act, it is the Right of the Complainant to request for Conciliation in case she does not want a full-blown inquiry. Similarly, Respondent has the right to accept or reject the Conciliation request without giving his reasons why. However, it would be advisable for both parties to come clean with the PoSH Committee Members about their apprehensions, if any, to address these concerns. 

Once Complainant has made her request in writing with Terms & Conditions, if any, it is the Respondent’s choice to agree or not. Hence, Respondent has a say in the Conciliation too. He can have his own T&C also. The PoSH Committee Members will also see to it that the terms are feasible for the organization. After mediation with the help of the PoSH Committee Members, once both parties have agreed to each other’s T&C, the Committee must share the Conciliation document with both parties to put their signatures on and authenticate it. This document is binding on both parties, not just the Respondent. The Internal Committee must also submit a copy of the document to the Employer to take action on the PoSH Committee Members’ Recommendations. 

Rainmaker Training Tip: If the Complainant does not opt for Conciliation or Respondent does not accept it, the PoSH Committee Members should take it in writing from both parties as good hygiene.

 -----------------To be continued---------------

* For Expert’s Advice for Complainants of Sexual Harassment, and Expert’s Advice for Respondents of Sexual Harassment Complaint, go to Rainmaker – Online Training Company

To watch the Conciliation Process video, click here Videos – Rainmaker 

For PoSH training for employees, check out our PoSH e-module, WorkSafe DELTA trailer today. https://www.youtube.com/watch?v=3cVxAPKkGQ4

Author: Sumali Nagarajan

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