What is evidence in a sexual harassment enquiry in India?
Includes emails, texts, medical reports, witness testimony, CCTV footage & complainant’s account – assessed on “preponderance of probability”.
Conducting a sexual harassment investigation in a remote team
Virtual inquiries require: Secure platforms, verified identities, digital evidence protocols & breaks to prevent “Zoom fatigue” compromising fairness.
Setting up regional PoSH ICs to prevent sexual harassment
Multi-location employers must constitute ICs at each office/region with 10+ employees, ensuring accessible complaint mechanisms.
How do we appoint a Presiding Officer?
Select an external woman with legal/HR expertise per Section 4(2)(a), ensuring impartiality through formal appointment letters.
3 frequently asked questions about setting up an IC
Q1: Can we have male IC members? Yes, but 50% must be women. Q2: Training needed? Annual sensitisation mandatory. Q3: Quorum? Minimum 3 including chair.
Who shoulders the burden of proof in a PoSH inquiry?
Complainant establishes prima facie case; IC then impartially collects evidence. Standard: “preponderance of probability”, not “beyond doubt”.
