Why is retaliation dangerous?
Retaliation is one of the biggest fears for women who come forward with claims of sexual harassment at work. The process itself can be emotionally draining, but what makes it more difficult is continuing to work in the same space as the respondent. This proximity can create tension, isolation, or subtle forms of punishment, such as being excluded from projects, spoken to disrespectfully, or given poor performance ratings.
Retaliation, whether overt or covert, can undo the very purpose of the PoSH Act, which is to ensure a workplace that is safe, equitable, and free from intimidation. The law recognises this vulnerability and has included interim measures to protect complainants throughout the enquiry process.
In workplaces that prioritise a culture of trust and safety, the Internal Committee (IC) is not merely an adjudicator but a safeguard. Its duty doesn’t end with acknowledging the complaint — it extends to ensuring that the complainant continues to feel safe while the case is being heard.
Addressing retaliation
Beyond the statutory interim measures provided under Rule 8 of the PoSH Rules, 2013, companies are encouraged to draft their own safety and anti-retaliation guidelines. These must be tailored to the organisation’s structure and the realities of its workforce.
Some of the key interim measures include:
- Transferring the complainant or respondent to another department or workplace.
- Granting up to three months’ additional leave to the aggrieved woman, beyond her usual entitlements.
- Restraining the respondent from reporting on or reviewing the complainant’s work performance.
- Restraining the respondent from supervising the complainant’s academic activities (in educational settings).
These steps are meant to minimise direct contact between both parties and ensure that power dynamics are neutralised during the inquiry.
Committees are expected to uphold the principles of natural justice — ensuring both sides are heard, while preventing any misuse or intimidation. The Weather Reporters of Local Papers v. Ranjith Roy case reaffirmed that natural justice is fundamental to every adjudication, even if other formal procedures are overlooked.
Section 8 of the PoSH Rules also empowers the IC to take proactive steps, such as restricting interactions between the complainant and respondent when requested. This reinforces that safety is not just physical — it’s emotional and psychological too.
Who can report retaliation?
While retaliation can sometimes be observed by others — colleagues noticing sudden exclusion, withdrawal of responsibilities, or hostile behaviour — the PoSH framework allows only the aggrieved woman to make a formal complaint. This is because the proceedings are civil in nature and pertain to rights in personam, meaning they belong to the individual directly affected.
However, if a third party witnesses or suspects retaliation, they can support the complainant in documenting and reporting it, provided she consents. Many organisations also have anonymous ethics helplines or whistleblower policies where such concerns can be raised confidentially, which helps foster a more accountable culture.
It’s also worth noting that retaliation doesn’t always appear as aggression — it can be quiet and systemic. A complainant suddenly being removed from important meetings or denied opportunities for visibility can be just as damaging as overt hostility. This is why ICs must be trained to identify and respond to both explicit and implicit forms of retaliation.
How do companies address retaliation?
While retaliation can sometimes be observed by others — colleagues noticing sudden exclusion, withdrawal of responsibilities, or hostile behaviour — the PoSH framework allows only the aggrieved woman to make a formal complaint. This is because the proceedings are civil in nature and pertain to rights in personam, meaning they belong to the individual directly affected.
However, if a third party witnesses or suspects retaliation, they can support the complainant in documenting and reporting it, provided she consents. Many organisations also have anonymous ethics helplines or whistleblower policies where such concerns can be raised confidentially, which helps foster a more accountable culture.
It’s also worth noting that retaliation doesn’t always appear as aggression — it can be quiet and systemic. A complainant suddenly being removed from important meetings or denied opportunities for visibility can be just as damaging as overt hostility. This is why ICs must be trained to identify and respond to both explicit and implicit forms of retaliation.
How do companies address retaliation?
If retaliation occurs after the PoSH proceedings are concluded, the IC’s jurisdiction typically ends. At this stage, it becomes the company’s responsibility to address such misconduct within its broader code of conduct or disciplinary policies.
Forward-thinking organisations are now building anti-retaliation frameworks that clearly define what constitutes retaliatory behaviour and the consequences for violating these norms. For example, Larsen & Toubro Infotech (LTI) explicitly prohibits retaliation against anyone involved in a PoSH inquiry — complainant, respondent, or witness. Violations lead to penalties aligned with the company’s disciplinary matrix.
Some companies go a step further by offering post-enquiry counselling, monitoring workplace dynamics after the case is closed, or including retaliation-related questions in annual employee surveys. These measures send a clear message: reporting harassment will never come at the cost of one’s dignity or career.
Ultimately, preventing retaliation is not just a legal requirement — it’s a moral and cultural one. When employees see their workplace respond firmly and empathetically to retaliation, it reinforces trust in the system. The goal is to create not just compliance-driven environments, but spaces where people feel safe enough to speak up — and stay supported when they do.
At Serein, our experts help you understand every element of the PoSH Act in detail. Reach out to us at hello@serein.inc to enhance your culture and meet the compliance criteria.