Actively avoiding bias and conflict of interest plays a critical role in ensuring the integrity of the Internal Committee (IC) and the fairness of its inquiries. In Part One of this series, we explored how to prepare Internal Committees to function impartially by selecting members with an understanding of gender and sexual harassment, and by investing in effective training that helps them identify and manage unconscious bias. These early steps build the foundation for a fair and transparent process.
However, bias and conflict of interest can take on more subtle and complex forms than we often realise. Most people assume that conflicts only arise in situations involving clear professional hierarchies, such as when an IC member is a manager or direct report of one of the parties—or when the IC member is personally involved in the case. While these are indeed examples of conflicts, the reality is that bias can stem from many other sources, including personal relationships, workplace dynamics, and even unconscious assumptions.
To truly uphold the principles of natural justice and ensure compliance with the PoSH Act, 2013, it is essential to identify and address all potential sources of bias, not just the obvious ones.
Understanding bias and conflict of interest
Bias, whether conscious or unconscious, influences how we perceive and evaluate people or situations. In the context of PoSH inquiries, even a subtle bias can impact the fairness of proceedings, particularly when the IC member’s personal opinions, beliefs, or experiences overshadow the evidence presented.
Conflict of interest, on the other hand, occurs when an IC member’s personal, professional, or financial relationship with any party in the complaint creates a situation where they may not be able to make an impartial decision. This conflict may be real, perceived, or potential—but in each case, it undermines the credibility of the process.
For this reason, IC members must not only recognise conflicts of interest but also proactively disclose it whenever it arises. Transparency and timely recusal are crucial to maintaining the committee’s neutrality.
Scenarios Where Conflict of Interest May Arise
Below are a few common situations that illustrate how conflict of interest or bias might manifest during PoSH inquiries and how they can be appropriately addressed.
- When an IC Member Is a Witness to the Incident
An IC member may have personally witnessed an incident of sexual harassment or may have prior knowledge of events described in the complaint. In such cases, the member is likely to have already formed opinions about what transpired or who was at fault. This preconceived understanding can cloud their judgment and affect the neutrality of their decisions during the inquiry.
To maintain fairness, such a member should step down from participating in the inquiry as part of the Internal Committee. Instead, they may contribute as a witness, sharing their observations when called upon. The employer should then appoint an alternate member to ensure that the committee’s quorum is maintained and that the inquiry continues without delay.
- When the IC Member Is a Direct Reporting Manager
If an IC member is the direct manager of either the complainant or the respondent, a clear conflict of interest exists. A reporting manager interacts closely with their team members, evaluates their performance, and often holds authority over their career progression. These dynamics can influence how the manager perceives the complaint, consciously or unconsciously.
For instance, they may sympathise with one party due to familiarity or, conversely, be overly harsh to avoid appearing biased. To prevent this, it is advisable that direct managers should not be appointed to the IC, or if already part of it, should recuse themselves from any inquiry involving their reportees.
- When Personal or Professional Relationships Exist
Conflict of interest can also arise when an IC member shares a personal or professional relationship with the complainant or respondent. This could include being friends, teammates, or even long-term collaborators. In such cases, personal loyalty or discomfort may influence how the member interprets evidence or interacts during proceedings.
Similarly, if an IC member and either party are competing for the same promotion or recognition, this too creates a potential conflict of interest. The outcome of the inquiry might indirectly impact the member’s own standing in the organisation, making it impossible to remain fully impartial.
To avoid such situations, it is essential for IC members to disclose any personal or professional relationship that might create even a perception of bias. If a conflict exists, the member should step aside, allowing an alternate to participate in their place.
Proactive measures to prevent bias
Recognising that conflicts of interest are not always obvious, organisations can take several steps to prevent them from affecting the inquiry process:
Maintain a diverse IC with members from different departments and levels of seniority, which reduces the likelihood of close working relationships influencing inquiries.
Encourage self-disclosure by creating a safe environment where IC members can openly communicate potential conflicts without fear of reprisal.
Conduct periodic audits of IC composition and case assignments to ensure that conflicts are identified early.
Provide refresher training focused on recognising bias and conflict of interest in practical, real-world scenarios.
Conclusion
An Internal Committee’s credibility depends not only on how it investigates a complaint but also on how it safeguards fairness and impartiality at every stage. Recognising and addressing bias and conflict of interest ensures that inquiries under the PoSH Act are conducted with integrity, empathy, and justice.
Ultimately, a fair inquiry protects not just the complainant and the respondent, but also the organisation’s culture and commitment to equality. By acknowledging that conflicts of interest can arise in subtle ways and acting swiftly to resolve them, ICs can strengthen both the spirit and the implementation of the PoSH Act.
Reach out to hello@serein.in to know more.