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.

The post Why Organizations Should Mandate Counselling for Sexual Harassment Perpetrators – An IC Expert’s Perspective appeared first on Prevention of Sexual Harassment, Inclusive Diversity, Employee Assistance Program | CecureUs | Chennai.

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.

The post Can Management Interfere in PoSH IC Proceedings? 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 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 Preponderance of Probability in POSH Cases: What It Means & How IC Should Apply It appeared first on Prevention of Sexual Harassment, Inclusive Diversity, Employee Assistance Program | CecureUs | Chennai.