What “no material evidence” means

Material evidence means something tangible that supports or refutes the allegation: a recording, a document, or a witness who saw the act. If you have none of that, it means you must base your review on what is available: statements, context, circumstances, behaviour, and reliability. Sexual harassment cases and other workplace complaints often face this challenge, as many incidents occur in private and lack independent documentation

Starting with transparency

When you begin the enquiry, note what evidence was sought and what was not found. For example: “No CCTV footage exists of the relevant location on the date in question,” or “No independent witness presented who saw the interaction.” This is not a finding of guilt or innocence; it simply documents what the Committee has already done. That clarity builds trust in the process.

Looking beyond the “documented proof”

In the absence of direct proof, focus on relevant facts and circumstantial indicators. These might include behavioural patterns (has the respondent faced similar complaints?), digital traces (access logs, timestamps), and changes in the complainant’s behaviour. These don’t guarantee the finding, but they allow your Committee to make informed observations.

The role of fairness in your inquiry

Fairness remains the bedrock. Even without strong evidence, you must treat both parties with respect. Offer the complainant and respondent equal opportunity to present their account. Ask honest questions, not leading ones. Your Committee’s neutrality should be clear in how you conduct the enquiry and record its progress. A well-documented, impartial process is critical.

Evaluating what you can conclude

Here, a key principle comes into play — the preponderance of probability. This principle means you are not seeking proof “beyond a reasonable doubt” as done in criminal courts, but rather asking: Is it more likely that the alleged event occurred? If the available information slightly favours the complainant, you can find the allegation proved. If things are evenly balanced, you must say the allegation is not proved. This is because civil investigations function on this standard of “just over 50%” rather than absolute certainty.

Communicating the outcome

How you frame the conclusion is important. Inform both parties privately, use clear and respectful language, and avoid implying blame. For the complainant, emphasise that a finding of “not proved” is not the same as a conclusion of “false”. For the respondent, maintain the presumption of fairness. Remind both parties of confidentiality obligations and protections against retaliation.

Why every such case matters

Even when you don’t find material evidence, the enquiry has value. You demonstrate that the organisation takes complaints seriously, conducts fair reviews, and learns from what happened. The absence of evidence might signal deeper gaps — say, in how behaviours are documented or how records are maintained. As a result, your Internal Committee can recommend improvements to policy, training, record-keeping or supervision.

POSH case without material evidence is still valid

Managing a case without material evidence takes care, discipline and empathy. Your role as an IC member is to ensure the process is fair, transparent, and reasoned — and to base your outcome on whether it is more likely than not that the incident occurred. The principle of the preponderance of probabilities gives you the framework; your careful inquiry gives the process legitimacy. In doing so, you help your organisation reinforce what truly matters: respectful, safe workplaces where allegations are heard, considered and acted upon with integrity.

POSH Cases and the Indian Evidence Act

While inquiries under the POSH Act, 2013, do not fall under the Indian Evidence Act, 1872, the principles of natural justice and reasoned decision-making still apply. The Internal Committee (IC) is not bound by the strict technical rules of evidence that apply in a court of law. However, given that the POSH Act confers certain powers of a civil court on the Committee, such as summoning witnesses, requiring document production, and examining evidence on oath, the quality and reliability of evidence considered should be such that it would be acceptable and defensible in a court of law if ever challenged.

In practice, this means that while the IC can adopt a flexible, inquiry-based approach, it must still rely on credible, relevant, and verifiable material when forming conclusions. The focus should be on ensuring procedural fairness, transparency, and documentation so that the Committee’s findings stand up to judicial or appellate scrutiny if required.

Reach out to us to train your IC on handling different POSH case scenarios: contact@posh.metisindia.com

The post What happens when there is no material evidence? first appeared on Metis POSH Consulting Service LLP.

Key supporting policies include:

Office Transportation Policy
A formal office commute policy directly strengthens women’s workplace safety. It empowers more women to continue their careers by addressing:

• Safety protocols for company-provided transport
• Reporting procedures for safety concerns
• Emergency and exception guidelines

Diversity, Equity, and Inclusion (DEI)
A DEI policy ensures women are treated fairly and equitably at work. They typically focus on:

• Employee Resource Groups (ERGs) for professional growth and well-being
• Gender-balanced, bias-free hiring practices
• Leadership training for women

Inclusive and Respectful Communication
Many organisations set clear communication guidelines to ensure respectful and inclusive interactions among employees. This includes:

• Avoiding sexist language, casual remarks, or offensive jokes
• Email and chat etiquette across internal and external networks

Social Media & External Communication
As the lines blur between physical and virtual workplaces, companies have implemented policies to protect women from online harassment. These typically cover:

• Conduct on professional networks and forums
• Guardrails against online harassment
• Rules around sharing colleague information on social media

Protecting Whistleblowers
The Whistleblower Policy supports bystander intervention and safe reporting. It ensures:

• An independent committee is set up to handle complaints
• Anonymous reporting channels
• Protection against retaliation

Workplace Dress Code
A professional dress code policy ensures that attire at the workplace is respectful and appropriate. It governs:

• Dress code for office and factory settings
• Cultural sensitivity across diverse workforces

Conduct at Informal Office Gatherings
The Code of Conduct often extends to informal events like offsites and parties to maintain professional standards by:

• Setting expectations for respectful behaviour and consequences of misconduct
• Encouraging bystander intervention

Workplace Relationships
The Code of Conduct may set down rules for office relationships to avoid conflicts of interest, favouritism, or harassment. These ensure:

• Disclosure of a relationship between employees under the same reporting manager
• Rules for supervisor-subordinate relationships
• Protection from retaliation if relationships end

Third-Party Engagement Policy
Vendors, contractors, and consultants are part of the extended workplace. Ensuring they’re aware of POSH norms helps maintain a consistent culture of safety and respect It broadly covers:

• POSH sessions during vendor onboarding
• Including POSH compliance clauses in contracts
• Clear reporting channels for misconduct

These policies work together with the anti-sexual harassment policy to create a work environment where women can thrive. At Metis, we partner with organisations to align these supporting policies with their POSH framework, ensuring that compliance leads to lasting cultural change.

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But this case opened the door to something much bigger.

While hearing the case, the Court also turned its attention to how the POSH Act has been implemented across the country.

Why Did the Supreme Court Take Action?

Reports submitted by learned lawyers revealed a concerning pattern: even after a decade, many states and union territories had not fully complied with the POSH Act.

There were no committees in some districts, no data on implementation, and no clear process for redressal. What began as one case turned into a nationwide compliance check.

Here’s What the Supreme Court Ordered

To fix the gaps, the Court issued a set of directives that all States and UTs must now act upon:

• Every district must have a fully functional Local Complaint Committee
• Government departments and PSUs must set up Internal Committees
• States and UTs must appoint District Officers and make their details public
• POSH implementation data must be published for transparency
• Ensure proper training for all members of LCCs and ICs

What This Means for Workplaces Across India

This judgment has sent ripples across organisations and administrations nationwide. With POSH compliance now under judicial scrutiny, what was once seen as a requirement on paper is being taken far more seriously. Regulatory pressure is rising, and for many institutions, the shift from policy to action has already begun.

At Metis, we’re seeing a growing number of organisations reach out to assess their compliance status, set up or reconstitute Internal Committees, and strengthen their redressal mechanisms in line with the latest directives.

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To create a culture of trust within your team, sexual harassment complaints must be handled with care, professionalism, and legal awareness. By responding effectively, you not only protect your team members but also strengthen your organisation’s commitment to gender equality, respect and inclusivity.

As the first point of contact in the Prevention of Sexual Harassment (POSH) cases, a manager has several key responsibilities that cover the legalities, the complainant, and the rest of the team.

Providing support

The first step is to give them your time. Please do not postpone meetings with employees when they specifically say they need to discuss something important or personal.

You must provide a safe, empathetic environment for the complainant to share their experience without judgement. Refrain from asking questions which sound biased and prejudiced. Remain impartial and avoid making assumptions or taking sides until a formal investigation is conducted. It’s not your job to make a decision or judgement, that’s for the internal committee, your role is to guide them on the next steps they can take.

Once you realise that the issue being reported to you by the employee falls under the purview of POSH, your job is to inform them about your company’s POSH policy. You can then help them reach out to the Internal Complaints Committee to make a formal complaint if that is what they want to do. Do not push them to proceed in a manner that makes them uncomfortable—the decision should be their own. Your role is to present the various options they have going forward. You may even need to seek guidance from your HR if you are in doubt about how to proceed.

Once the POSH investigation begins, support the concerned parties by allowing them time to attend the ongoing meetings and provide any assistance required. This could involve managing workloads and time-off.

Dotting the ‘i’s and crossing the ‘t’s

Never forget that sexual harassment is a serious issue that involves many legalities. As the manager, you need to make sure that these rules are respected.

The most basic rule is to ensure confidentiality. Ensure that the details shared are only disclosed to relevant parties as needed. If in doubt, don’t say anything and check with HR or the IC. Ensure the rest of your team is not discussing the case in the workplace. If confidentiality has been broken, you should address it immediately by telling the parties to refrain from talking about it and report it to the IC.

Make sure that you document every step and detail. Accurately note down the complaint, dates, times, locations, and specifics of the incident while maintaining the complainant’s confidentiality. You will need this information if and when the IC requests you to attend the case proceeding as the manager of the involved parties.

Use this information to cooperate with the IC If you are called during the investigation as a witness or stakeholder. They may need the documents or evidence you have collected or any feedback necessary for the case. Please stay neutral and provide every piece of information that is in your possession.

Managing the rest of the team

As a manager, building a respectful culture is key. The complainant must be protected against any form of retaliation, whether subtle or blatant. As a manager, you should keep an eye out to ensure that the complainant is protected from any further victimisation or retaliation from the team, the accused, or even yourself. You should have the self-awareness to make sure that your behaviour towards them does not change for the worse, particularly in terms of your managerial duties, such as handing out work assignments or performance reviews.

Managers should always stay informed about updates on company POSH policy and ensure their teams are trained on these protocols to foster a respectful workplace. Set up awareness sessions to educate them on any changes and ensure that every one of your employees has completed the required POSH modules.

Communication is key. Take the opportunity to talk about a safe work environment with your team members in your meetings. Provide an environment where employees can reach out without fear of judgment or retaliation. Before team outings or office events, reinforce the company code of conduct, responsible drinking, and safe transport.

Working with IC as an ally

As a manager and primary point of contact for the team, you have an opportunity to set the right tone and build a positive team work culture in a gender-diverse group. To give the right impetus to your efforts, working together with the Internal Committee as a partner and ally could prove truly effective. Employing the IC’s expertise to identify key points in the team’s journey and emphasizing good practices through the year can be a gamechanger. This will ensure that the ball doesn’t drop at any point and interventions are not a knee-jerk reaction when complaints are filed. Instead, a proactive approach towards POSH can create a healthy camaraderie and respectful attitude among the team.

Building a better team

It is crucial to put into practice these simple yet essential strategies for handling POSH complaints to create a safe and open environment for your team. Doing so will make team members feel more supported and secure, leading to better work outcomes. Happy employees who trust that their manager ‘has their back’ are more likely to work better together.

As a team manager, you can help build a better team and work culture by creating a supportive environment and ensuring that allegations are handled with care and professionalism.

The post Manager’s role in handling reports of sexual harassment? first appeared on Metis POSH Consulting Service LLP.

Any activity that is sexual requires consent, which is defined as explicit and voluntary agreement to participate in specific sexual activity. Consent cannot be assumed from the absence of a “no”; a clear “yes,” verbal or otherwise, is necessary. Consent to some sexual acts does not imply consent to others, nor does past consent to a given act imply present or future consent. Consent must be ongoing throughout a sexual encounter and can be revoked at any time.

Here are some standards to ensure consent is accurately identified.
1. Consent must be proactive action comprised of the following three components:
• Consent must be voluntary, meaning it is exercised under conditions of free will and thus cannot
be given when the following are present:
> Coercion or pressure
> Threat, intimidation, or fear

• Consent must be affirmative, as indicated through a “yes,” whether expressed verbally or
otherwise. Therefore, consent cannot be inferred from the following:
> Silence
> Passivity or lack of resistance
> Lack of active response

• Consent must be unambiguous. It must be clearly demonstrated through words and/or actions as
mutually understood by both individuals.

2. Consent cannot be given and/or is not valid when an individual is mentally or physically
incapacitated. This includes but is not limited to:
• Sleep
• Unconsciousness
• Intoxication due to drugs, alcohol, or other reasons

3. Consent is contemporaneous to the initiation of every sexual act and can be revoked at any time during
the course of a sexual encounter. Therefore, consent cannot be presumed by a prior or current sexual
or romantic relationship.

The usual perception is that unless a woman protested, resisted or if a woman was not modestly dressed, she was deemed to have consented. Silence, passiveness or ambiguous conduct cannot be construed as consent.

No means No. Yes means Yes and Silence means “NO”

Law also assumes absence of consent if the submission is due to force, fear, threat, fraud or exercise of authority.

Furthermore, to establish unwelcomeness or unwantedness, complainant is not required to prove that she had verbally protested or said “No” or conveyed in any other way that his behavior was unwelcome. It is sufficient for the complainant to establish that she by her conduct or body movement or body language conveyed to the perpetrator her disapproval of his advances. Moving away, not laughing, not participating, avoiding, change of topic, showing disinterest etc are some of the body language signs depicting NO consent.

Case studies – In one of the sexual harassment complaints handled by us, the aggrieved woman was called to the conference room for a knowledge transfer and was touched inappropriately. The woman being a junior executive, felt extremely scared to openly tell him that she is not liking it. When the touch became repetitive, she got visibly upset, and to avoid his advances, told him that “people were moving around, and they would see”. The man continued and she had to run away from the conference room. While conducting the inquiry, the man told the IC that there was consent as the woman never told him to stop and only said that “People are moving around, and they will see.” He assumed that she must be ok with the touch but is scared of people around and hence he continued his advances. He never realized that pulling her hand back, stepping back or running away from room was non-consent. For him, consent meant she verbally telling him “No”.

In another case of sexual harassment in an office party. The woman kept requesting a male colleague to join her for the dance. He initially refused but she was insisting that he join her at the dance floor. Her other colleagues who were around her also started forcing the man to join her since she was requesting him. The man reluctantly joined her. As the music got intense and loud, the man started enjoying the dance. After a while, the lights went dim and the music slow. The man found this as an opportunity to lay his hands on the woman. She kept resisting and throwing away his hands. The man continued groping her and she had to get away and stormed out of the dance floor. She subsequently made a compliant to the IC. During the inquiry proceedings, the man was surprised and asked for justification of the complaint as the act was done with consent. The lady argued that she never gave her consent. He said that she was the one who forced him to dance with her. The man claimed that the entire office saw her pulling his hand to the dance floor. The lady responded saying the consent was only for the dance and not for the inappropriate touch on the dance floor.

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Download the judgement copy here Tripura HC - Shila Debnath vs National Institute of Technology (1594 downloads )

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The petitioner orally informed the indecent behaviour of respondent No. 5 to respondent No. 4. Again on 12.10.2012 at 4 pm during the course of office hours, respondent No. 5 suddenly entered into the Hindi and English Department and started abusing her with filthy language which amounts to outrage the modesty of the petitioner and against reputation of the senior lady professor. He uttered these words in presence of number of professors who have
objected respondent No. 5. Therefore, on 13.10.2013, she made written complaint to the Principal, Government J.P. Verma P.G. Arts and Commerce College, Bilaspur. Thereafter, she again sent reminder letters on 19.12.2012 and 29.12.2012 copy was also sent to respondent No. 4 who became Additional Director, Higher Education.

The petitioner thereafter wrote to her authorities to forward her complaint to the police to file a FIR.  This was as per service rules.  The authorities did not file an FIR. Another stand taken by the authorities was that the said Asst. Professor was employed in another college and hence it is not the same employer.

HC held that:

1. It is on record that the petitioner and the respondent 5 are both government employees and  thus employer is same.  The contention that they are employed in different colleges fails.
2. The government also have failed to discharge their obligation and thus failed to perform their duty of forwarding the complaint to the police.
3. The State Government should see that in future if such exigency arise, any victim of sexual harassment at workplace should not run pillar to post to get her redressal.
4. The other contention raised since respondent 5 is employed in a different college and the alleged act was not at his workplace cannot be construed as sexual harassment.  HC held that is is not a valid ground as it is a workplace under Sec. 2(o) of the POSH Act, 2013.
5. The HC directed that the Secretary / Director / their authorized persons from Higher Education or Principal of the College where the petitioner was posted, shall initiate proceedings against respondent No. 5 for registration of FIR on the basis of complaint made by the petitioner and materials collected by the facts finding Committee within two months from the date of receipt of copy of this order.
6. It is made clear that this Court has not given any opinion on the merits of the case. On registration of FIR, it is for the investigating authority to investigate the matter and submit its report to the concerned trial Court as per the procedure prescribed under the Criminal Procedure Code.

Download the judgement copy here: Metis POSH - Case Law- Dr Savitri Tripathi vs State of Chhattisgarh 25 Oct 2021 (13150 downloads )

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The HC observed that ” Object of Vishaka guidelines defeated if complainant is coerced to withdraw complaint: Bombay High Court in plea for quashing of FIR alleging harassment by male colleague, the Court noted that the complainant may have been compelled to file the affidavit. The plea was dismissed by the Court as the offences were spelt out.”

Download the Judgement copy here :  Aurangabad HC - Withdrawing criminal complaint plea not permitted (1190 downloads )

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The ICC concluded that the allegations cannot be termed as sexual harassment at workplace and complaint is rejected.  Reproducing the recommendations of the ICC:

” “After detailed deliberations, the committee observed that both the complainant Ms. Bibha Pandey as well as the respondent Shri Ashwini Kumar Vats have entered into a relationship with each other on personal basis, with mutual consent. The allegations of sexual, mental and emotional harassment is not substantiated as the actions on the part of the Respondent and the allegations cannot be termed as sexual harassment at workplace as defined under Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act 2013. Therefore, the present complaint is rejected being non maintainable as per the provisions of the Act of 2013.

The Committee observes from the records available that the Complainant as well as the Respondent, have acted in a manner which is unbecoming of an Officer employee of the Bank as they have indulged in inappropriate acts, not maintaining good conduct and discipline expected of them. The Respondent, being at a very senior position, failed to maintain the dignity and decorum of his position. No case under Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act 2013 is made out. Both the Complainant as well as the Respondent have behaved and acted in a manner which is not befitting to the post held by them. On the contrary, it is detrimental to the organization and has vitiated the atmosphere of the Bank. The competent authority may take suitable action against them as deemed fit.”

The High Court stated that:

“`Moral Policing’ is not the job of the Management or of the ICC. Any consensual relationship among adults would not be the concern of the Management or of the ICC, so long as the said relationship does not affect the working and the discipline of the organisation and is not contrary to the Rules or code of conduct binding on the said employees. It is only if a complaint is made of sexual harassment under the Act that the Management can constitute the ICC to enquire into the same. The ICC cannot make comments on the personal conduct of the parties and the ICC’s jurisdiction would be restricted to the allegations of sexual harassment and whether a complaint is made out or not, to that effect. Under these circumstances, this Court has no hesitation in holding that the last paragraph of the
recommendation of the ICC, which comments on the conduct of the parties and recommends to the competent authority to take action against the Petitioner and Respondent No. 3, for their inappropriate disciplinary conduct, is not tenable and is liable to be set aside.”

Summing up, a personal relationship between two consenting adults which does not adversely affect the working and discipline of the organisation cannot be acted upon unless it is a compalint of sexual harassment at work.

Download the Judgement Copy here: Woman pilot moves Jammu & Kashmir High Court alleging sexual harassment (2420 downloads )

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“Sexual harassment, as contemplated in the 2013 Act, has to pertain to the dignity of a person, which relates to her/his gender and sexuality;which does not mean that any person of the same-gender cannot hurt the modesty or dignity as envisaged by the 2013 Act”, HC said.

Download the excerpts here : Calcutta HC - Same gender person and raise a complaint not barred under Act (1250 downloads )

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