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”.
Can IC take up a complaint with no evidence or witnesses?
If found prima facie credible, ICs assess plausibility, patterns, and circumstantial indicators, testimony alone can be sufficient under PoSH guidelines.
How can managers prevent sexual harassment at work?
Model respect, interrupt microaggressions, enforce boundaries, promote reporting without fear & complete mandatory PoSH training annually.
What if the respondent refuses to pay compensation?
Employers must deduct from wages/sureties per Section 21(3). Non-payment within 60 days attracts penalties under Section 26.
What to do when the respondent is a star performer
PoSH applies equally – no exceptions. Protect complainants, follow due process. High performers should exemplify organisational values.
