POSH Inquiry Report Writing: The Ultimate 10-Point Checklist for ICC Members

Drafting a comprehensive and legally sound inquiry report is a critical responsibility for every member of an Internal Committee (IC) under India's Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). This report is the definitive record of the investigation and its conclusions. As mandated by Section 13 of the POSH Act, the IC must provide its report to the employer within ten days of the completion of the inquiry.

To ensure your report is clear, thorough, and compliant with Indian law, here are ten (10) essential elements to include:

1. Formal Title Page and Case Identification

The first page of your report establishes its official identity. It must be precise and contain the following:

• Organisation Details: Full name and registered address of the company.

• Report Title: Clearly state "Inquiry Report under the POSH Act, 2013."

• Case Details: A unique case reference number.

• Parties' Information:

• Key Dates:

  • Date the complaint was received by the IC.

  • Date the inquiry was initiated.

  • Date the inquiry was completed.

  • Date of submission of the report.

• Internal Committee (IC) Members: Full names and designations of all IC members who conducted the inquiry.

2. Introduction and Scope of Inquiry

This section sets the stage for the report. It should briefly outline:

• How the complaint was received by the IC.

• A concise summary of the complaint, establishing how the allegations fall within the purview of "sexual harassment" as defined by the POSH Act.

• The period of the inquiry and the specific allegations that were investigated.

3. Summary of the Complainant's Allegations

Provide a detailed and neutral summary of the allegations made by the complainant. This should include:

• A chronological account of each alleged incident.

• Specific details such as dates, times, and locations.

• The nature of the alleged conduct (e.g., unwelcome physical contact, sexually coloured remarks, showing pornography).

• The impact of the alleged harassment on the complainant (e.g., emotional distress, hostile work environment, impact on professional life).

4. Summary of the Respondent's Defence

It is a principle of natural justice that the respondent's side is heard and recorded fairly. This section must include:

• A detailed summary of the respondent's formal reply to the allegations.

• Specific denials, explanations, and counter-narratives provided.

• Any counter-allegations made by the respondent.

• A list of all documentary evidence and witnesses presented by the respondent in their defence.

5. Documentation of the Inquiry Process

Meticulously document every step taken by the IC to demonstrate a fair and impartial investigation. This includes:

• Record of Meetings: A summary of all IC meetings, including dates, attendees, and key actions taken.

• Procedural Fairness: Confirmation that both parties were informed of their rights, including the principles of confidentiality, natural justice, and protection against retaliation.

• Witness Testimonies: A summary of statements from all witnesses for both the complainant and the respondent.

• Cross-Examination: A crucial point to note is that under the principles of natural justice, the respondent must be given the opportunity to cross-examine the complainant and their witnesses, though the IC has the discretion to manage this process to prevent intimidation. This right is fundamental to a fair inquiry.

• Evidence Review: A list of all evidence considered, such as emails, text messages, call records, CCTV footage, and official documents.

• Interim Measures: A record of any interim relief provided to the complainant during the inquiry (e.g., leave, transfer, or restraining the respondent from reporting on their work).

6. Analysis of Evidence and Findings for Each Allegation

This is the analytical core of the report. The IC must evaluate each allegation separately:

• State Each Allegation: Address each charge individually.

• Evidence-Based Analysis: Discuss the evidence presented by both sides for that specific allegation. Weigh the credibility of witness testimonies and the relevance of documentary evidence.

• Address Discrepancies: Acknowledge and discuss any contradictions or inconsistencies in the evidence.

• Reasoned Finding: For each allegation, clearly state whether the IC found it to be substantiated or not substantiated, and provide a logical reason for this conclusion based on the "preponderance of probability."

7. The Final Conclusion

The report must culminate in a clear and definitive conclusion. Based on the findings for each allegation, the IC must state its overall conclusion, which will fall into one of three categories:

1. Allegations Substantiated: The IC has concluded that sexual harassment occurred.

2. Allegations Not Substantiated: The IC has concluded that sexual harassment did not occur based on the evidence.

3. Malicious Complaint (Section 14): The IC concludes that the complaint was made with malicious intent, knowing it to be false. Note: A high burden of proof is required for this finding. A simple inability to substantiate a complaint does not automatically make it malicious.

As established in judgments like Manjeet Singh vs. Indraprastha Gas Limited, every conclusion must be supported by a reasoned order, which is a fundamental aspect of natural justice.

8. Recommendations to the Employer

Based on the conclusion, the IC must provide clear recommendations to the employer.

• If Allegations are Proven: Recommend disciplinary action against the respondent as per the organisation's service rules. This can range from a written apology and mandatory training to withholding promotions, or even termination of employment. The IC can also recommend the deduction of compensation to be paid to the aggrieved woman from the respondent's salary.

• If Allegations are Not Proven: Recommend that no action is to be taken against the respondent.

• If the Complaint is Found to be Malicious: Recommend disciplinary action against the complainant as per the organisation's service rules.

• General Recommendations: The IC may also recommend broader systemic changes to prevent future incidents, such as awareness training, policy updates, or changes in workplace culture.

9. Strict Confidentiality (Section 16)

The report must include a prominent confidentiality clause. Under Section 16 of the POSH Act, the identities of the complainant, respondent, witnesses, and any details of the inquiry proceedings are strictly confidential. Unauthorised disclosure is a punishable offence. The report should state that it is a confidential document and specify who it can be shared with.

10. Formal Signatures

To validate the report, it must be signed by all members of the Internal Committee who conducted the inquiry, including the Presiding Officer and the External Member. Their full names and titles should be clearly printed below their signatures.

Once signed, the report is submitted to the employer, and copies must be provided to both the complainant and the respondent to allow them to make representations or file an appeal if they choose to do so. With this, the IC's role in the specific case concludes.