Creating safe, respectful, and harassment-free workplaces is no longer optional — it is a legal, ethical, and cultural imperative. As companies strive to strengthen their PoSH compliance and uphold employee safety, Internal Committees (ICs) play a crucial role in ensuring fair investigations and meaningful corrective actions.

However, in my work with organisations across industries, I have observed a troubling trend:
one perpetrator repeatedly harassing multiple colleagues over a period of time.

Most ICs conclude the case with termination – and while this protects the immediate workplace, a deeper question arises:

Are we solving the problem… or simply relocating it?

When a guilty individual is terminated without any behavioural reform, the risk doesn’t go away.
An unreformed perpetrator is released into society, potentially joining another organisation and continuing the same pattern of harassment.

As experts committed to safe work cultures, our responsibility must go beyond punitive action.
We must focus on rehabilitation, behavioural correction, and long-term risk mitigation.

This is why I strongly advocate that ICs consider mandating counselling for perpetrators of sexual harassment, whether or not they remain employed.

Below are three essential questions organisations must evaluate carefully.

Are counselling therapies like CBT and relapse-prevention models effective for perpetrators of sexual harassment?

Research across behavioural sciences, criminal psychology, and workplace misconduct studies shows that structured counselling – particularly Cognitive Behavioural Therapy (CBT) – is effective in addressing the root causes of inappropriate behaviour.

CBT and relapse-prevention programs help offenders:

• Identify and reframe distorted thinking patterns
• Understand power dynamics and entitlement beliefs
• Recognize emotional and behavioural triggers
• Build empathy and accountability
• Develop healthier behavioural alternatives

These evidence-based therapies are widely used for preventing repeat sexual offences and workplace misconduct. While not a standalone cure, counselling provides a structured path toward behavioural change – something termination alone cannot achieve.

Can counselling reduce repeat harassment? How many sessions are typically required?

Yes – counselling can significantly reduce recidivism among sexual offenders when delivered through a consistent, structured program.

Key findings from global research:

• Long-term, multi-session interventions are far more effective than one-off sessions
• CBT-based treatment models show measurable reductions in repeat sexual harassment and misconduct
• Behavioural reform often requires 8–20 sessions or more, depending on the nature and severity of the behaviour
• The offender’s willingness to participate is the strongest predictor of success

Counselling is most effective when the goal is not only to correct behaviour, but to reshape the mindset that led to the harassment.

If the IC mandates counselling, can counsellors provide progress reports to the IC or management?

Yes – with boundaries.

While counsellors must maintain confidentiality, they can provide structured progress summaries when counselling is mandated as part of corrective action under the PoSH framework. These updates typically include:

• Attendance and participation levels
• Willingness to engage and reflect
• Observable behavioural shifts or persistent challenges
• Recommendations for continued support or risk mitigation

High-level reports ensure ethical transparency while enabling organisations to make informed decisions about safety, reintegration, or separation.

Confidentiality is respected – and workplace safety is preserved.

Why Mandating Counselling Is a Responsible Organisational Practice

Simply terminating a harasser may feel like a clean solution, but it does not address the behavioural issue at its core.
To truly break the cycle of harassment, organisations must adopt a more holistic approach.

Mandated counselling helps:

• Reduce the risk of repeated harassment
• Address underlying behavioural and psychological factors
• Reinforce organisational commitment to responsible PoSH implementation
• Protect future workplaces and communities
• Build a culture of accountability and reform—not just compliance

A workplace becomes safer not just by removing misconduct, but by preventing its recurrence.

Instead of discarding the “bad apple,” we must invest in understanding and correcting the behaviour – for the sake of all workplaces that individual may enter in the future.

Conclusion

As organisations mature in their PoSH implementation, it is time to expand the IC lens from punitive measures to preventive and rehabilitative strategies. Counselling is not a soft option –  it is a scientifically grounded, ethically responsible, and legally permissible corrective tool.

By mandating counselling for perpetrators, we not only ensure justice within our organisations but also contribute to building safer workplaces across society.

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Many Internal Committees (ICs) across organizations quietly bypass the External Member under the Prevention of Sexual Harassment (PoSH) Act, 2013.

Sometimes, it’s to save cost.
But let’s ask the real question — at what cost to fairness and compliance?

The External Member is not a name on paper. They bring neutrality, independence, and legal credibility to every sexual harassment inquiry. Their presence ensures that the process remains transparent, fair, and free from internal bias.

When they’re missing, the inquiry doesn’t just lose balance — it loses its legal validity. Courts have made this clear in multiple PoSH case laws.

Key Judgments That Reinforce the Role of the External Member

Medha Kotwal Lele & Ors. vs Union of India & Ors. (2013), Supreme Court of India

• Reaffirmed the requirement of an external member in the Internal Committee to ensure neutrality and prevent internal bias.
• If the IC is not properly constituted, the inquiry is procedurally invalid irrespective of evidence.

Punita K. Sodhi vs Union of India & Ors. (2010), Delhi High Court

• Held that the Complaints Committee must strictly comply with the Vishaka Guidelines, including proper composition.
• Any deviation from prescribed composition or procedure vitiates the inquiry proceedings.

Why Every PoSH Committee Needs an External Member

An External Member brings:

• Impartiality: A neutral, third-party perspective.
• Credibility: Confidence that the process is fair and lawful.
• Legal validity: Ensures compliance with Section 4 of the PoSH Act.
• Trust: Both complainant and respondent believe in the system.

Without them, inquiries are non-compliant, lack credibility, and risk being overturned in court.

Beyond Compliance – It’s About Conscience

The External Member’s role is not optional. It reflects an organization’s commitment to fairness, integrity, and psychological safety.

Saving cost by skipping this role may look convenient, but it comes at the expense of trust, culture, and compliance.

Cost may be your reason. But are you being fair?

Please reach out to us for for professional External Member support and fair, compliant PoSH inquiries.

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.

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The Hon’ble Supreme Court, in its recent directive (August 2025), has mandated that all States and Union Territories conduct a district-wise survey within six weeks to verify whether organizations have complied with the POSH Act, 2013—specifically, the constitution of Internal Committees (ICs) at workplaces.

Key Highlights of the Directive:

• • A district-wise survey will be conducted by Labour Commissioners and District Authorities.
  • Verification will include whether Internal Committees (ICs) are formed and functional in workplaces.
  • Non-compliance may lead to denial of license renewals/registrations for establishments.
  • Applies to all public and private organizations.

Action Points for Organization:

• Verify IC Constitution: Ensure our IC is duly constituted with external members and updated details.
• Documentation: Maintain IC meeting minutes, awareness sessions conducted, and annual reports.
• Reporting: Update details on SHe-Box portal and keep records ready for inspection. More details on the She-Box portal can be referred here https://cecureus.com/everything-you-need-to-know-about-the-new-she-box-portal-update/
• Training & Awareness: Refresh POSH training for employees and IC members before survey initiation.

Let us treat this with urgency to ensure full compliance and readiness for upcoming district-level surveys. Additional details on mandatory POSH Compliance for Companies can be found here – https://cecureus.com/mandatory-posh-compliance-for-companies-from-july-14-2025/

 References:

https://api.sci.gov.in/supremecourt/2023/22553/22553_2023_6_11_61891_Order_21-May-2025.pdf

https://www.livelaw.in/top-stories/supreme-court-directs-district-wise-survey-to-ascertain-posh-act-compliance-by-employers-300702

https://www.scconline.com/blog/post/2025/08/19/posh-act-compliance-supreme-court-conduct-district-wise-survey-setting-up-icc/?utm_source=chatgpt.com

Need support with POSH compliance?

At Cecureus, we help organizations with:

• IC constitution & training, PoSH audit, Surveys.
• POSH awareness workshops
• Compliance surveys & reporting
• End-to-end support for legal compliance

Please reach out to us for setting up the POSH Compliance for your organization!

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.

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Starting July 14, 2025, the Ministry of Corporate Affairs (MCA) has rolled out new compliance requirements aimed at improving workplace safety and accountability. As part of these changes, companies will now need to include detailed disclosures about sexual harassment complaints in their Board Reports.

These updates come under the Companies (Accounts) Second Amendment Rules, 2025, as notified by Notification No. G.S.R. 357(E) dated May 30, 2025

Here is what is changing- 

Mandatory Disclosure of Sexual Harassment Complaints:

Under the revised rules, companies are now required to make specific disclosures in their Board Reports related to sexual harassment at the workplace.

As per Section 134 of the Companies Act, 2013, read with the amended Rule 8(5)(a) of the Companies (Accounts) Rules, 2014, companies must:

i. Provide a statement that the Company has complied with the provisions constituting an Internal Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. 

ii. Disclose the following details regarding the complaints of sexual harassment:

1. Number of sexual harassment complaints received in the year
2. Number of complaints disposed off in the year
3. Number of cases pending more than 90 days.

Consequences of Non-compliance:

Non-compliance with these provisions can lead to penalties under Section 134(8) of the Companies Act, 2013. The fines are as follows:

• Company – ₹3,00,000
• Every officer in default: ₹50,000

However, certain relief is provided to companies of specific categories such as One Person Companies, Small Companies and Startups wherein the penalty is halved and is subject to the maximum limits below:

• Company – INR 2,00,000
• Officer in default – INR 1,00,000

Changes in a nutshell: 

 It is noteworthy that the previous mandate was a superficial and general one while the changes bring in stricter reporting and encourage better enforcement and oversight. The notification also serves as a reminder that POSH at the workplace is more than a checklist activity. Companies must be proactive in ensuring compliance to the POSH Act as well as take steps to ensure workplaces are safer for all.

Official Resources

•  https://www.mca.gov.in/content/mca/global/en/acts-rules/ebooks/notifications.html

• MCA-Notification-regarding-Companies-Accounts-Second-Amendment-Rules-2025-dated-30.05.2025 (1)

Please reach out to us for any queries on Mandatory POSH Compliance for Companies.

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.

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In civil and quasi-judicial proceedings, the burden of proof is notably different from that in criminal cases. Rather than requiring proof “beyond a reasonable doubt,” these cases operate on the preponderance of probability principle, where the most convincing evidence prevails, even if it does not entirely remove all doubt. This approach is particularly relevant in workplace sexual harassment cases, as it provides a fairer, more practical standard in often complex and sensitive situations.

Handling Sexual Harassment Allegations Without Direct Evidence: How Preponderance of Probability Works

Case Study: Riya’s Complaint Against Her Manager

Riya, an employee, files a complaint against her manager, Kiran, accusing him of making inappropriate remarks and fostering a hostile environment. Since the incidents occurred in private settings, there are no witnesses or physical records to corroborate Riya’s claims. Kiran denies the allegations.

Faced with limited evidence, the internal committee (IC) of the organization must rely on the preponderance of probability principle to evaluate the likelihood of each party’s account and arrive at a fair decision.

Applying Preponderance of Probability in PoSH Cases

The internal committee closely examines the behaviors, statements, and reliability of each party:

1. Consistency and Detail in Testimony: Riya provides specific dates, settings, and remarks from multiple interactions with Kiran, which remain consistent across interviews.
2. Performance and Past Conduct: Riya’s record prior to Kiran’s supervision shows no performance issues or similar complaints.
3. Kiran’s Defense: Kiran’s response is solely a denial, with no substantive evidence to counter Riya’s account. Moreover, other employees have informally expressed concerns about Kiran’s behavior, though no formal complaints were filed.

Despite the absence of direct evidence, the committee finds Riya’s account more credible than Kiran’s defense and rules in her favor under the preponderance of probability standard.

When There Is No Evidence: Making Decisions on Credibility and Circumstantial Evidence

In cases like Riya’s, where no direct evidence exists, internal committees and courts turn to circumstantial evidence and the credibility of the parties involved. Here’s how they assess:

• Reliability of Testimonies: Consistency and coherence in the complainant’s statements strengthen the case, even without physical evidence.
• Conduct and Background: The behavior and history of both parties are weighed to assess the plausibility of the claims.
• Indirect Evidence: Any informal concerns or relevant details from other employees can lend support, even if they’re not formalized complaints.

In civil cases such as workplace harassment, decisions hinge on the probability of events rather than absolute certainty. Thus, even in the absence of physical evidence, if Riya’s account is deemed credible, her claim stands a strong chance of being upheld.

Conclusion

The preponderance of probability standard is essential in PoSH compliance and civil disputes where direct evidence may be lacking. It empowers internal committees to make decisions based on which side’s account is more probable, ensuring that justice is served in sensitive cases like sexual harassment. In India, legal precedents affirm that credible testimony from the complainant alone can suffice, preventing cases from being dismissed solely due to a lack of corroboration.

This principle underscores a balance between fairness and practicality, making it possible for justice to prevail even in challenging cases where evidence is scarce, and ensuring that workplace safety and respect are upheld.

Please reach out to us for any queries on Applying the Principle of Preponderance of Probability in PoSH Cases.

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.

The post Applying the Principle of Preponderance of Probability in PoSH Cases: Ensuring Fair and Practical Justice in Workplace Investigations appeared first on Prevention of Sexual Harassment, Inclusive Diversity, Employee Assistance Program | CecureUs | Chennai.

Welcome to our comprehensive guide on the Compliance Laws enforced under the Code of Business Conduct (COBC) for corporate India. This blog post aims to elucidate the pivotal regulations that companies in India must navigate to ensure ethical operations and uphold their corporate governance standards. Let’s dive into the legal framework that shapes the backbone of COBC and explore how businesses can adhere to these standards effectively.

What is COBC?

The Code of Business Conduct (COBC) represents a fundamental set of principles that outline the ethical and legal standards expected of employees and executives in an organization. While COBC itself is not a law, it requires adherence to all applicable laws and helps companies foster a culture of integrity and compliance.

Key Compliance Laws in Corporate India

Here are some critical laws that are typically integrated into an organization’s COBC to ensure legal compliance and ethical business practices:

1. Companies Act, 2013

This comprehensive legislation governs corporate affairs in India and mandates standards for board accountability, audits, director responsibilities, and financial disclosures, ensuring that businesses operate transparently and are accountable to their stakeholders.

2. Competition Act, 2002

This act ensures fair competition and regulates anti-competitive practices in the marketplace. It addresses issues like anti-competitive agreements, abuse of dominant position, and merger regulations to promote healthy market competition.

3. Prevention of Corruption Act, 1988

This act combats bribery and corruption in both public and private sectors. Under COBC, companies ensure mechanisms are in place to prevent any form of corruption and maintain transparency in all transactions.

4. Prevention of Sexual Harassment (POSH) Act, 2013

This act requires companies to create a safe workplace by preventing and responding to incidents of sexual harassment. Incorporating POSH guidelines into COBC helps businesses protect their employees and promote a respectful work environment.

5. Information Technology Act, 2000

With cybercrimes on the rise, complying with the IT Act is essential for protecting sensitive information and managing data privacy. COBC frameworks ensure that IT policies comply with legal standards to safeguard electronic data effectively.

6. Factories Act, 1948

This act covers labor welfare and safety in industrial establishments, setting standards for working conditions, safety, and health. Incorporating this into COBC ensures compliance with safety regulations and promotes a secure working environment.

7. Securities and Exchange Board of India (SEBI) Regulations

SEBI regulations are vital for maintaining fair trading practices and ensuring transparency in the securities market. They include rules on insider trading, disclosure requirements, and corporate governance, which are integral to a company’s COBC to foster a transparent and fair marketplace.

Model Standing Orders

Overview

Model Standing Orders serve as a statutory framework that outlines standard employment conditions within an industrial establishment. They cover various aspects of employment such as classifications of workers, work hours, shift operations, leaves, termination, and grievance redressal procedures.

Applicability

These orders are particularly relevant for factories, plantations, and other industrial sectors that employ a significant number of workers. They ensure that all workers are aware of their duties and responsibilities, as well as the administrative processes and ethical standards expected of them.

Implementing COBC in Your Organization

To effectively implement a COBC, a company must:

• Educate Employees: Regular training sessions on COBC and the related legal requirements are crucial for ensuring that employees understand their ethical obligations and legal responsibilities.
• Monitor and Enforce: Establishing a robust monitoring system and strict enforcement mechanisms are key to ensuring compliance with COBC.
• Review and Update: As laws and regulations change, the COBC should also be periodically reviewed and updated to remain compliant with the latest legal standards.

Conclusion

For companies operating in India, integrating these compliance laws into their COBC is not just about legal adherence but also about building trust and credibility with stakeholders. By fostering an ethical culture that prioritizes compliance, businesses can navigate the complexities of corporate governance with confidence and integrity.

Remember, a well-implemented COBC not only protects the organization from legal risks but also enhances its reputation, ensuring long-term success. Let’s embrace these practices to create a more accountable and transparent business environment in India.

Please reach out to us for any queries on Understanding Laws Enforced Under COBC in Corporate India.

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.

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