What the PoSH Internal Committees (ICs) Must Learn from Recent Privacy Lapses
There are clear guidelines for the police, courts, and media on how to conceal the details of
the victims in sexual assault cases. Despite this, the officials involved in handling the recent
sexual harassment case in Anna University, Chennai failed to uphold the victim’s right to
privacy. The FIR of the case was uploaded in the public domain, revealing the identity of the
victim, her phone number and address, and the details of the incident.
The FIR leakage is a serious lapse in the investigation process, with high chances of
deviating and destabilising the ongoing investigation. The negligence has potentially
exposed the victim to discrimination and harassment. The Madras High Court ruled in favour
of the victim and directed that the Tamil Nadu government pay an interim compensation of
Rs. 25 lakh to the victim. This would be recovered from those who were responsible for the
dereliction of duty and leaking of the FIR.
The Confidentiality Mandate
Maintaining the confidentiality of the victims of sexual harassment is of utmost importance.
This is a critical mandate even in PoSH cases . Complainants will only come forward if they
firmly believe that they can trust the process – with an assurance of safety and security by
ensuring anonymity.
In the P v. A & Ors case from 2021, the Bombay High Court issued important guidelines for
maintaining anonymity in PoSH cases. The High Court acknowledged that the identities of
the persons involved in the case must be protected from both intentional and accidental
exposure. The court outlined specific minimum standards to shield the identities of the
people.
● The names of the parties should not be included in the body of the order.
● The orders should be titled only with the first letter of their names during the proceedings. For example, the A v. B case, and P v. S case.
● Any information that might aid in identifying the survivor, the harasser, and the
witnesses will not be included in the order.
● These orders will not be uploaded publicly.
The privacy standards are intended to act as a functioning framework for courts handling
PoSH Act matters. This case is a benchmark for ensuring victim protection in PoSH cases
during legal proceedings.
Role of Internal Committees in Maintaining Privacy
Similar to courts, ICs handling PoSH cases are required to safeguard confidentiality during the investigation with extreme care. It is strictly forbidden by the PoSH Act to divulge case details to outside parties. The employer is the only person who may be given such information, ideally on a need-to-know basis. The employer must be notified when the complaint is first filed and when the final report needs to be actioned. Putting such interim measures into place aids the investigation.
Consequently, the Employer and the ICs must take all reasonable steps to safeguard case-
related data, such as witness and party identities. ICs should anonymise these reports once
the final version of the investigation is part of the records and ensure their safe storage.
Confidentiality is indispensable because it is a promise of safety for the victims coming
forward with their cases. A breach of confidentiality is a breach of their confidence in the
system.
There should be regular training for IC members on confidentiality protocols.
How ICs can build more trust in the organisation
Victims are empowered to come forward only when they are aware of the company’s
policies on PoSH and how they address these cases. Organisations should take active steps
to create awareness among the entire workforce regarding the PoSH Act, its guidelines, and
redressal mechanisms especially educating victims to come directly to the IC without talking
about the case with colleagues as this could lead to gossip.
A major barrier to people reporting sexual harassment at workplaces is the fear of
information leakage, which can in turn make the working environment more hostile for the
victim. The victim might have to face cultural stigma around such cases. Therefore, the ICs
responsible for resolving PoSH cases must be sensitised, and understand their duty to make
a cultural shift towards empathy and victim protection.