The POSH Annual Report is much more than a mere formality; it is a statutory obligation under India’s POSH Act that offers a reflection of how seriously an organization takes workplace safety. Every organization under the Act is required to submit this report annually, capturing details about complaints received and resolved, pending cases, and awareness programs conducted throughout the year. It is a legal requirement that must be filed with the appropriate district officer, emphasizing the importance of accountability and transparency within organizational cultures.

Welcome to Posh Conversations—a space where voices that matter come together to discuss safety, dignity, and inclusion in the workplace. In today’s blog, we’re diving deep into the nuances of the POSH Annual Report, a document that every organization must file but few truly understand. From what the report captures to why it matters, we aim to simplify, clarify, and shed light on this crucial element of workplace compliance.

Why the Emphasis on the POSH Annual Report?

One of the common inquiries from organizations is why so much emphasis is placed on this report. The POSH Annual Report is a measure of accountability and it demonstrates to regulators and stakeholders that an organization addresses complaints through due process. It sends a strong internal message that complaints are acknowledged and tracked, contributing to not just compliance but also fostering a culture of awareness and respect.

Answering Common Questions

• Who Prepares and Submits the Report

The Internal Committee (IC) is responsible for preparing the annual report, though submissions are typically made by the employer or HR. Once submitted, the district officer forwards a brief report to the state government.

• Does the Report Contain Names or Case Details?

Absolutely not. The POSH Annual Report maintains confidentiality by only reporting figures such as the number of complaints received, resolved, pending, and awareness activities conducted.

• What If There Were No Complaints?

Organizations must still file a “nil report,” which is a valid submission even if no complaints were registered during the year.

• Consequences of Non-Compliance

Failure to file the report can lead to penalties and raises red flags during audits. It is increasingly scrutinized by boards, investors, and external stakeholders.

• Filing for Locations with Fewer Than 10 Employees

According to Section 21, locations with fewer than ten employees are exempt from submitting an annual report.

• Who Signs the Report?

The report is typically signed by the Internal Committee’s Chairperson or Presiding Officer

• Including Conciliation Details

Even if a case is resolved amicably through conciliation, such details must still be reflected in the annual report.

• Awareness Sessions and Workshops

The report should declare all workshops, training sessions for IC members, and awareness programs conducted for employees through various formats.

• Determining the District office for Submission

Organizations need to identify the correct district officer based on their location. Contact details are usually available online, and verification is recommended to ensure accuracy.

The Story Behind the Numbers

It is a misconception that the report is only about numbers. The numbers tell an important story about the organization’s awareness, response to complaints, and effectiveness of the IC. A report with no complaints does not necessarily equate to a problem-free environment but could indicate a lack of awareness or reporting issues within the company.

It is a misconception that the report is only about numbers. The numbers tell an important story about the organization’s awareness, response to complaints, and effectiveness of the IC. A report with no complaints does not necessarily equate to a problem-free environment but could indicate a lack of awareness or reporting issues within the company.

What to include?

• Number of complaints of sexual harassment received in the year
• Number of complaints disposed of during the year
• Number of cases pending for more than ninety days
• Number of workshops or awareness programme against sexual harassment carried out
• Nature of action taken by the employer or District officer

Annual Report Format

To download the Annual Report Format Click Drafts – “POSH Annual report format ” (27564 downloads )

The post Understanding the POSH Annual Report – Annual Report Format first appeared on Metis POSH Consulting Service LLP.

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.

If you wish to know more please do reach out to us on contact@posh.metisindia.com

The post Confidentiality Is Non-Negotiable first appeared on Metis POSH Consulting Service LLP.

Download the copy here Calcutta HC- Soumen Sarkar vs The State Of West Bengal (13519 downloads )

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We have collated all the key activities that the ICC must carry out when they receive a sexual harassment compliant at the workplace.
Download the document here: Checklist for the IC while handling a compliant (4867 downloads )

The post Checklist for the IC while handling sexual harassment compliant first appeared on Metis POSH Consulting Service LLP.

(a) Bail conditions should not mandate, require, or permit contact between the accused and the victim. Such conditions should seek to protect the complainant from any further harassment by the accused;

(b) Where circumstances exist for the court to believe that there might be a potential threat of harassment of the victim, or upon apprehension expressed, after calling for reports from the police, the nature of protection shall be separately considered and appropriate order made, in addition to a direction to the accused not to make any contact with the victim;

(c) In all cases where bail is granted, the complainant should immediately be informed that the accused has been granted bail and copy of the bail order made over to him/her within two days;

(d) Bail conditions and orders should avoid reflecting stereotypical or patriarchal notions about women and their place in society, and must strictly be in accordance with the requirements of the Cr. PC. In other words, discussion about the dress,behavior, or past “conduct” or “morals” of the prosecutrix, should not enter the verdict granting bail;

(e) The courts while adjudicating cases involving gender related crimes, should not suggest or entertain any notions (or encourage any steps) towards compromises between the prosecutrix and the accused to get married, suggest or mandate mediation between the accused and the survivor, or any form of compromise as it is beyond their powers and jurisdiction;

(f) Sensitivity should be displayed at all times by judges, who should ensure that there is no traumatization of the prosecutrix, during the proceedings, or anything said during the arguments, and

(g) Judges especially should not use any words, spoken or written, that would undermine or shake the confidence of the survivor in the fairness or impartiality of the court.

Takeaways for the Internal Committee members from the guidelines.

• Soon after receiving a complaint of sexual harassment, IC should take steps to make sure that the victim and alleged harasser does not make contact to prevent further harassment of the victim.
• The potential threats of retaliation and harassment should be well thought through and identified during the first meeting itself so that IC can proactively plan and recommend preventive measures to the Management for implementation.
• Do not trivialise any complaint and create an environment of safety, trust and hope for the victim to share her details. First meeting with the victim is key to securing that trust.
• Victim should be kept apprised of the IC proceedings at all times. Keep in constant communication with the victim, inquiring about her and providing her information on matters related to the case.
• While handling a case, IC members must be gender sensitive and make a conscious decision to stop reflecting stereotypical or patriarchal notions about women and their place in society.
• A discussion about the dress, behavior, or past “conduct” or “morals” of the female victim, should not influence the decisions of the IC. They need to deal with the case purely on its merits (resolved accurately, based on law and the facts ).
• The IC should not suggest compromises between the victim and the alleged harasser. However, on request of the aggrieved party, a conciliation between the parties is allowed, strictly without monetary settlement.

The post Key takeaways for the Internal Committee from the Supreme Court’s seven guidelines: first appeared on Metis POSH Consulting Service LLP.

1. In the present digital world, work place for employees working in the Bank and who have earlier worked in the same Branch and later on shifted to different branches which may be situated in different States has to be treated completely as one work place on a digital platform. Thus, if a person may be posted in Jaipur and acts on a digital platform harassing another lady who may be posted in a different State, it would come within the ambit of being harassed in a common work place. The contention of the counsel for the petitioner, thus on the aforesaid count is rejected.
2. The second submission of the counsel for the petitioner is that obscene and overt messages alleged to have been sent after the working hours are concerned, suffice it to note that the petitioner was holding the post of Chief Manager and the work timings for officers of senior level cannot be taken into consideration as between 10.30 AM to 4.30 PM alone. That apart knowing fully well that the concerned lady is in employment with the Bank and holding the subordinate post. If messages are sent after working hours, then it would amount to causing harassment and prima facie would come within the meaning of misconduct under the Regulations of 1976.

Download the Civil Writ Petition here:   HC Jaipur - Civil Writ Petition against Chief Manager Bank of Baroda (7346 downloads )

The post HC Jaipur – Civil Writ Petition against Chief Manager Bank of Baroda first appeared on Metis POSH Consulting Service LLP.

To give an example – one of the recruiters of a Multinational Company, while conducting a campus recruitment in a premier business school, sexually harassed a woman from the institute.  During the process of recruitment, he got hold of the phone number of one of the selected female candidates and asked her out for a drink and forced her to meet him in case she needs a job in the company.  The girl was being sexually harassed by the recruiter.

She complained of Quid-pro-Quo sexual harassment against the recruiter with the IC of the Multinational Company.

To know more download the article here Sexual Harassment Complaint from a NON-Employee (2337 downloads )

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However, the court held that Srilankan Airlines did not constitute the ICC as required under the POSH Act after 22 April 2013.  The court also held that the company had a committee as per their SPASH policy. This policy was not in compliance with Section 4 (1) of Sexual Harassment of Women (Prevention Prohibition and Redressal Act) 2013.  The court held that the company has violated Section 4 (1) of Sexual Harassment of Women

(Prevention   Prohibition   and   Redressal   Act)   2013   and   is   liable   to   be convicted u/s 26 of the same. It is now posted for arguments on sentence on 07.01.2021.

Download the copy of the Judgment here : New Delhi-Metropolitan Magistrate against Srilankan Airlines judgment (8032 downloads )

The post New Delhi-Metropolitan Magistrate against Srilankan Airlines judgment first appeared on Metis POSH Consulting Service LLP.

Conciliation under POSH Act

1. The ICC before initiating an inquiry under section 11 and at the request of the aggrieved woman, take steps to settle the matter between her and the respondent through conciliation: (please note that the respondent does not have the right to ask for a conciliation)and 

Provided that “no monetary settlement” shall be made as a basis of conciliation

1. Where a settlement has been arrived at, the ICC shall record the settlement so arrived and forward the same to the employer to take action as specified in the recommendation
2. The ICC shall provide the copies of the settlement as recorded to the aggrieved woman and the respondent.
3. Where a settlement is arrived at, no further inquiry shall be conducted by the ICC

Please download the draft of the Conciliation Settlement report here – Drafts - "Conciliation Settlement report" (5308 downloads )

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On receipt of the written complaint , if the IC finds that the complaint is valid and fulfills the requirements under the POSH Act 2013, should send notices to the complainant and the respondent to appear before the committee for hearings to understand the nature and context of the incidents that have taken place. The drafts of such notices sent to the Complainant and Respondent are shared below for your reference. 

Please download the document here – DRAFTS - “Notice to appear before the IC” (6817 downloads )

The post DRAFTS – “Notice to appear before the IC” first appeared on Metis POSH Consulting Service LLP.