Legally, yes.
If the CHRO is a senior woman employee, the POSH Act permits it.

But POSH governance is not just about what is legally allowed.
It is also about trust and perception.

The Practical Reality

In most organisations, the CHRO is clearly seen as management.

And in the absence of the CEO or Managing Director, the CHRO is often the authority responsible for:

• Issuing warnings or penalties
• Executing transfers or terminations
• Driving corrective and preventive actions

This makes the CHRO a key decision-maker in implementing POSH outcomes.

Where the Concern Arises

When the same role:

• Oversees or anchors the POSH inquiry, and
• Implements its outcomes,

questions around independence and neutrality can arise — even if the process is fair.

In POSH matters, perception matters as much as procedure.

What Works Better

Many organisations now follow a stronger approach:

• Appoint a senior woman employee outside HR as Presiding Officer
• Keep HR in a facilitative and advisory role

This separation builds:

• Employee confidence
• Credibility of the Internal Committee
• Trust in the POSH process

The Real Question

The question isn’t:
“Can a CHRO be the Presiding Officer?”

It is:
“Will employees trust the process?”

Not sure if your POSH structure inspires trust?

👉 Learn more at www.cecureus.com
👉 Speak to us for a confidential POSH governance review

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 Can a CHRO Be the Presiding Officer Under the POSH Act? appeared first on Prevention of Sexual Harassment, Inclusive Diversity, Employee Assistance Program | CecureUs | Chennai.

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.

The post Supreme Court Directive – Mandatory District-Wise POSH Compliance Survey appeared first on Prevention of Sexual Harassment, Inclusive Diversity, Employee Assistance Program | CecureUs | Chennai.

This upgraded platform now serves as a centralized repository for complaint management and Internal Committee (IC) details across organizations in India.

Its purpose can be understood through several key objectives and features:

• Single‑window complaint filing: It enables any woman—whether in the public or private sector, including formal, informal, or unorganized work—to register complaints of workplace sexual harassment online
• Secure & confidential handling: The portal masks the identity of the complainant—only the IC/LC Chairperson can see complaint details—to preserve confidentiality
• Direct delivery to Internal/Local Committees (IC/LC): Complaints registered in the portal are routed automatically to the relevant Internal committee of the complainants workplace. If a workplace committee is not registered, the portal notifies nodal officers to ensure timely registration
• Complaint tracking: Complainants receive a tracking ID and can monitor the status of their complaint in real-time online
• Centralized monitoring & data repository: The portal maintains records of all ICs/LCs and complaint statistics across India, allowing government authorities to track filings, disposal, and pending cases
• Enhancing employer accountability: Employers must register their IC details, upload compliance reports, and ensure timely committee action to fulfill PoSH obligations

Salient Features

• Digital access across sectors: Available to women in public, private, organized, and unorganized sectors
• Bi-/multilingual support: Provides resources and compliance information in Hindi and English; regional-language support remains limited
• Time-bound inquiry enforcement: PoSH mandates the IC/LC investigate and resolve a complaint within 90 days, enforced via the portal’s monitoring dashboards
• Employer compliance management: Organizations upload annual PoSH compliance reports, training records, and IC member details via the portal

⚖️ Supreme Court Direction on Mandatory Disclosure

In the case of Aureliano Fernandes Vs State of Goa & Ors, the Hon’ble Supreme Court directed that all establishments with more than 10 employees must ensure their Internal Committee (IC) and Nodal Officer details are uploaded to the SHe-Box portal, in line with the requirements of the POSH Act. 

🏢 What’s New for Private Sector Organizations?

With the recent update, private organizations can now register on the SHe-Box portal. While registration is not currently mandatory, it is strongly recommended as a proactive compliance measure and to ensure readiness for future regulatory expectations. 

📝 How to Register on the SHe-Box Portal: Step-by-Step

1. Visit the SHe-Box Portal
2. Select “Private Head Office Registration”
3. Fill in all required details including:

3. • Nodal Officer’s name and contact
   • Presiding Officer/Legal Officer/Compliance Officer details

4. Upload the necessary organizational documents
5. Submit the form

Private-Head-Office-User-Manual – The reference guide (User Manual) to register on the SHe-Box portal.

📩 What Happens After Registration?

• A “Registration Successful” notification will appear on the screen.
• You will receive an acknowledgment email confirming your submission.
• Within 7–10 working days, login credentials will be shared via email.

🔄 Post-Login: Key Action Points

Once you receive login access:

1. Update the Internal Committee (IC) details for your head office.
2. If your organization has branch offices, navigate to the ‘Workplace’ section in the portal and:

2. • Add each branch office
   • Upload branch-specific IC details separately

Keeping this information up to date ensures complete and transparent compliance with POSH Act requirements.

In Summary:

Frequently asked questions:

1)Why Should You Register?

Even though registration is not mandatory yet, it’s a best practice that helps your organization:

• Ensure regulatory alignment
• Strengthen POSH governance
• Enhance trust and transparency
• Be prepared for audits and inspections
• Facilitate seamless online complaint management through the SHe-Box portal.
  
• Maintain a centralized digital record of your Internal Committee and workplace details.

For more details please refer here – https://www.pib.gov.in/PressReleasePage.aspx

Should all companies, institutions, factories etc. register? 

2) Is it mandatory to register? 

3) In which all states is it mandatory to register? 

The organization may nominate any authorized employee (typically HR, Compliance, Legal, or Administration) as the SHe-Box Nodal Officer.

The Nodal Officer is responsible for:

• Coordinating SHe-Box registration
  
• Updating workplace and IC details
  
• Maintaining information on the portal
  
• Coordinating complaints received through the portal
  

The Nodal Officer does not have to be an Internal Committee member, and many organizations prefer appointing an HR or Compliance representative.

Yes.

The portal now allows organizations to edit Head Office details, including changing the Nodal Officer.

Navigate to:

Workplace & IC Management → Edit Head Office

You can update:

• Nodal Officer name
  
• Designation
  
• Mobile number
  
• Email ID
  
• Address
  

After saving the changes, the updated information becomes effective.

Yes.

If the Nodal Officer’s registered email ID is updated:

• the new email ID becomes the login username
  
• the existing password remains unchanged
  

The Nodal Officer should thereafter log in using the updated email address.

No.

Each Nodal Officer should have a unique email ID.

The portal generally does not permit the same email address to be used for multiple Nodal Officer roles.

The Head Office is registered first.

Thereafter, every branch/workplace should be added under Workplace Details, along with its respective Internal Committee (where applicable).

9) I have registered but haven’t received login credentials.

After verification by the District Nodal Officer, login credentials are generally sent to the registered Nodal Officer email.

If credentials are not received:

• use the Forgot Password option
  
• check spam/junk folders
  
• contact the District Nodal Officer or SHe-Box technical support if required.
  

10) Who receives complaints filed on SHe-Box?

A complaint submitted through SHe-Box is routed to the appropriate Internal Committee based on the registered workplace. The Presiding Officer can access and manage the complaint through the Presiding Officer login.

11) Does the Presiding Officer receive a separate login?

Yes.

Once the IC is registered, the Presiding Officer receives separate login credentials to access complaints assigned to the Internal Committee. This login is different from the Nodal Officer login.

Yes. The SHe-Box portal now allows organizations to edit the details of their registered Internal Committee (IC) after registration.

You can update information such as:

• Presiding Officer details
  
• Internal Committee members
  
• External Member details
  
• Member contact information
  
• Member designation (where applicable)
  

To make changes, log in to the SHe-Box portal and navigate to Workplace & IC Management, select the relevant workplace, and use the Edit IC option to update the committee details.

It is advisable to update the portal promptly whenever there is a change in the constitution of the Internal Committee to ensure that the information remains accurate and compliant with the PoSH Act.

Note: Any changes made should reflect the current Internal Committee formally constituted by the employer through an official order or notification. The portal should always mirror the latest valid IC composition.

The post SHe-Box Portal 2026: Complete Guide to Filing & Tracking POSH Complaints Online appeared first on Prevention of Sexual Harassment, Inclusive Diversity, Employee Assistance Program | CecureUs | Chennai.

In workplaces across India, the implementation of the PoSH Act, 2013 (Prevention of Sexual Harassment of Women at Workplace) is not just about policies and posters — it’s about ensuring that survivors feel heard and that complaints are handled with fairness and thoroughness. A critical part of this process? Witnesses.

But not all witnesses are the same.

Let’s explore how different types of witnesses play a role in sexual harassment inquiries, using a real-world-inspired scenario — and the legal position when there are no witnesses except the victim.

🔍 The Scenario:

An employee, Rhea, files a complaint of sexual harassment against her manager, Karan, alleging that he made inappropriate comments and touched her without consent during an office party. She submits her complaint to the Internal Complaints Committee (ICC).

Here’s how various types of witnesses might come into play:

👁️‍🗨️ 1. Eyewitness

Who: A colleague who was present at the party and directly saw the inappropriate behavior.
Example: “I saw Karan put his arm around Rhea even though she looked visibly uncomfortable.”
Value: High — provides firsthand, direct evidence.

🗣️ 2. Hearsay Witness

Who: Someone who didn’t witness the incident but heard about it from others.
Example: “The next day, my teammate told me that Karan had misbehaved with Rhea.”
Value: Limited — often not admissible as primary evidence, but may be used to support patterns or provide leads.

💔 3. Victim Witness

Who: The complainant, Rhea herself.
Role: Shares her account, emotions, and the impact of the harassment.
Value: Central to the case — her testimony initiates the inquiry.

🎯 4. Expert Witness

Who: A psychologist or counselor, if Rhea sought therapy.
Example: “Rhea experienced emotional distress and anxiety post-incident.”
Value: Adds credibility to the psychological impact of the incident.

📸 5. Corroborative Witness

Who: A co-worker who didn’t see the act but noticed Rhea’s distress afterward.
Example: “She was crying in the restroom after the party.”
Value: Strengthens the narrative by supporting emotional or behavioral aftermath.

📜 6. Character Witness

Who: A person speaking about either party’s behavior patterns.
Example (for Rhea): “She’s always been professional and focused on work.”
Example (for Karan): “He has a history of crossing boundaries at office events.”
Value: Can establish credibility or pattern of conduct.

❓ 7. Hostile or Adverse Witness

Who: Someone initially cooperative but turns evasive or defensive.
Example: A friend of the accused who denies everything and shows aggression during questioning.
Value: Can still provide useful insights, especially if their behavior indicates bias or conflict of interest.

👀 8. Circumstantial Witness

Who: Someone who observed surrounding events or context.
Example: “Karan had been drinking heavily that night and followed Rhea around.”
Value: Offers indirect evidence that helps paint the full picture.

⚖️ What if there is no other witness? Is victim’s word enough?

Yes — the sole testimony of the victim can be enough under Indian law if it is trustworthy and consistent.

🧑‍⚖️ Relevant Case Law #1:

Vishaka & Others vs. State of Rajasthan (1997)
This landmark case led to the formation of the PoSH Act. The Supreme Court emphasized that a woman’s right to a safe workplace is fundamental, and that inquiries should not dismiss a complaint merely due to lack of witnesses.

🧑‍⚖️ Relevant Case Law #2:

Apparel Export Promotion Council vs. A.K. Chopra (1999)
The Supreme Court held that even attempts at physical advances without successful contact can constitute sexual harassment.
Importantly, it stated that “a victim’s testimony must be given due weight” and should not be disbelieved solely due to lack of corroboration.

“The absence of eyewitnesses is not a ground to disbelieve the victim.”
— Supreme Court of India

📚 Other Case Laws Involving Witness Testimonies in PoSH Cases

🧑‍⚖️ Case Law #3: Dr. Punita K. Sodhi vs. Union of India (2010)

This case emphasized the importance of following due process during PoSH inquiries, including giving both parties the chance to bring witnesses.

The court ruled that the credibility of witnesses, their consistency, and the manner in which statements are recorded — all affect the final outcome.

🧑‍⚖️ Case Law #4: D.V. Apparao vs. V. Krishna Kumari (Andhra HC, 2005)

In this case, co-worker testimonies played a key role. The court ruled in favor of the complainant after corroborative witnesses confirmed behavioral patterns of the accused and supported the victim’s emotional response.

✅ What Should ICCs Take Away from This?

• A victim’s word carries weight — especially when credible, consistent, and delivered with clarity.
• The absence of witnesses does not invalidate a complaint.
• All types of witnesses — even those who saw the emotional impact, not the act itself — can be useful.
• ICCs must assess witness statements objectively, and avoid biases.
• Courts give high regard to due process: let the inquiry be fair, timely, and documented.

💡 Final Thoughts

In cases of sexual harassment, witnesses can make or break a case. But even when there are no witnesses, the law supports survivors — provided the ICC investigates thoroughly and fairly.

Let’s work toward a culture where truth is respected, not just proven, and where workplaces are safe for every individual — seen or unseen.

Please reach out to us for any queries on Types of Witnesses in 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.

The post Types of Witnesses in POSH Inquiries: What IC Members Must Know About Evidence appeared first on Prevention of Sexual Harassment, Inclusive Diversity, Employee Assistance Program | CecureUs | Chennai.

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.

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In a sexual harassment inquiry case, the interview questions should be designed to gather relevant and sensitive information while ensuring the privacy and well-being of the parties involved. The questions should be open-ended, non-leading, and neutral. Here are some types of interview questions that might be asked:

Factual Questions

These questions aim to gather objective and verifiable information about the case. They help establish the basic facts and details surrounding the incident.

Example:

• Were there any witnesses to the incident(s)? If yes, can you provide their names?

Timeline Questions

Examples:

• Can you provide a chronological order of events?
• Is there any specific time frame that is crucial to understanding the case?

Open-ended Questions

Encourage respondents to provide detailed, subjective, and thoughtful answers. These questions allow witnesses/victims/harassers to express their opinions, feelings, and experiences in their own words.

Example:

• What were the key factors that led to the issue/ harassment?

Closed-ended Questions

These questions have a limited set of predetermined answers and typically require a short and specific response. Closed-ended questions are useful for obtaining specific information or verifying details quickly. Particularly useful for fact-checking.

Example:

• Did the incident occur on XX-XX-XXX (Date)?

Clarifying Questions

Use these questions to seek further explanation or to clear up any uncertainties about the information provided.

Example:

• Can you elaborate on what you meant by “X”?

Multiple-Choice Questions

These questions offer a set of predetermined options and can be useful when dealing with specific details or preferences.

Examples:

• Which of the following best describes the harassment?
• They sent reels that had objectionable content
• They made multiple requests for video calls at late hours
• They kept romantic status messages on WhatsApp which only can be viewed by yourself

Leading Questions

Be cautious with leading questions as they can unintentionally influence or bias the respondent’s answer. However, they can be used when you have strong evidence and need confirmation.

Example:

• The alleged harasser, calls you sweetie, honey, etc in front of the entire team is that correct?

Future-Oriented Questions

These questions can help explore potential solutions or preventive measures.

Example:

• What steps can be taken to prevent a similar incident in the future?

Please reach out to us for any queries on Types of Questions To Ask In a PoSH Case Inquiry.

For more blogs and articles, visit our official website. Contact us for workshops and queries related to POSH, EAP (Employee Assistance Program,) and Diversity and Inclusion.

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