At CecureUs, we often get urgent questions from employees and managers:
“Our management is trying to influence the Internal Committee (IC) proceedings. Is this allowed under the PoSH Act?”
The short answer is no. Management cannot interfere in IC proceedings. The Internal Committee is meant to function independently, and any interference is against the law.
Why Independence Matters
When an employee files a complaint under the PoSH Act, 2013, the IC acts like a judicial body. That means:
- It must act fairly and independently.
- Its proceedings are confidential and final.
- Neither local management nor overseas leadership can change the outcome.
If managers or leaders try to meet the complainant, respondent, or witnesses privately, it undermines the IC’s purpose of ensuring neutrality, objectivity, and fairness.
What the Law Says
Section 16 – Confidentiality
- This section strictly prohibits sharing details about the complaint, proceedings, or recommendations.
- Any manager who discusses the case with the complainant or respondent directly is violating this rule.
Section 19 – Duties of Employer
- The employer must support the IC and not interfere with it.
- This support includes providing resources, ensuring safety, and respecting the IC’s independence.
Section 26 – Penalties
- Violating the Act can result in fines up to ₹50,000.
- Repeat offences lead to higher penalties and can even result in cancellation of business licenses.
In Rashi v. Union of India (2023), the Delhi High Court reinforced this by stating:
“The entire thrust of the complaints committee procedure is that the complainant employees are assured objectivity and neutrality in the inquiry, insulated from the employers’ possible intrusions.”
For Employees
- Trust the process; the IC is there to ensure fairness.
- Speak up if you believe management is interfering— the law supports you.
- Know your rights: Confidentiality and neutrality are guaranteed under the PoSH Act.
For Managers
- Do not intervene. Even if you want to “help,” getting involved directly can put the company at risk.
- Support without swaying. Give the IC resources and space but never try to influence the outcome.
- Respect confidentiality; avoid discussions with complainants, respondents, or witnesses.
Key Takeaways
- The IC is an independent body under the PoSH Act.
- Confidentiality is essential.
- The employer’s role: Assist and empower, not interfere.
- Interference amounts to a violation, with legal and reputational consequences.
Bottom line
At CecureUs, we remind every organization that PoSH compliance is not just about having a policy. It’s about respecting the independence of the IC.
Management interference not only weakens trust, but it also breaks the law.
Please reach out to us for any queries on PoSH compliance for your company!
For more blogs and articles, visit our official website. Contact us for workshops and queries related to POSH, EAP (Employee Assistance Program) , Diversity and Inclusion and Code Of Conduct.
