Confidentiality vs Transparency – Managing Sensitive Investigations Confidentiality is a statutory mandate under the POSH Act . Disclosure of identities, contents of complaint, witness details, or recommendations is prohibited. The objective is to protect dignity and prevent retaliation or workplace gossip. However, confidentiality does not mean secrecy without accountability. Employers must still ensure procedural transparency between parties sharing responses, evidence summaries, and findings. The balance lies in controlled disclosure within the inquiry framework, not public communication. Improper leaks can result in statutory penalties and reputational damage. Organizations must restrict access to inquiry records and sensitize leadership about non-interference. Simultaneously, leadership must communicate a culture of zero tolerance without discussing case specifics. Transparency about policy commitment, rather than individual cases, strengthens trust. Managing this balance is criti...
According to Section 6(1) of the Act, "Every District Officer shall constitute in the district concerned a committee to be known as the "Local Complaints Committee" to receive sexual harassment complaints from establishments where the Internal Committee has not been formed because it has fewer than ten employees or if the complaint is against the employer himself." The Local Complaints Committee was changed to become the Local Committee in May 2016, broadening its mandate from merely handling complaints to one that requires it to act proactively to combat sexual harassment. According to a report by the Martha Farrell Foundation, POSH policies are not generally being followed to its fullest extent (2018). In accordance with this research, 655 districts had 56 percent of requests for data sets from operating Local Committees ignored. Only 29% of districts claimed to have created LCs, and 15% of those districts still hadn't done so. 43% of respondents from the uno...