Comprehensive Inquiry Report under POSH Act, 2013
The Prevention of Sexual Harassment (POSH) Act, 2013, provides a legal framework to protect women from sexual harassment at their workplace. This report documents the inquiry conducted by the Internal Complaints Committee (ICC) into a complaint filed under this Act.
Case Overview
a. Complainant Name: ________
b. Respondent Name: ________
c. Date of Complaint: ________
d. Inquiry Report Date: ________
e. Workplace (Organization Name and Address) : ________
The complaint was lodged by [Complainant’s Name], alleging sexual harassment by [Respondent’s Name] on [specific dates/incidents]. The ICC was constituted to conduct a fair, unbiased inquiry into these allegations.
I. Constitution of the Internal Complaints Committee (ICC)
The ICC was constituted as per the provisions of the POSH Act, consisting of the following members:
a. Presiding Officer Name and Designation: ________
b. Member Name and Designation: ________
c. External Member (NGO or person familiar with issues of sexual harassment) Name and Designation: ________
d. Member Name and Designation: ________
e. Inquiry Process: ________
II. Receipt and Acknowledgment of Complaint:
a. The complaint was received in writing on Date________________.
b. The complainant was informed about the inquiry process and assured confidentiality.
III. Notice to the Respondent:
A copy of the complaint was sent to the respondent on Date____, requesting a written response within 10 working days.
The respondent submitted a written response on Date_____.
IV. Initial Meeting:
An initial meeting was held on Date_______ with both parties separately to explain the inquiry process and their rights.
Both parties were reminded of the importance of confidentiality.
V. Collection of Evidence:
The committee collected evidence, including written documents, electronic communications, and physical evidence.
Witnesses identified by both parties were called for testimony on Dates__________.
VI. Hearings and Examination:
Hearings were conducted on Dates______ with the complainant, respondent, and witnesses.
Cross-examination of witnesses and parties was facilitated.
All hearings were documented, and records were securely maintained.
VII. Analysis of Evidence:
The ICC meticulously analyzed all evidence, witness testimonies, and cross-examinations.
Any inconsistencies were noted and further clarified with additional questions or evidence.
VIII. Findings
After a thorough review of the evidence and testimonies, the ICC’s findings are as follows:
Description of Incidents:
a. Detailed account of the incidents as narrated by the complainant.
b. The respondent’s rebuttal and explanations for each allegation.
Corroboration and Contradictions:
Witness statements that support or contradict the complainant’s and respondent’s accounts.
Documentary evidence, such as emails, messages, and other records, examined for consistency.
Assessment of Impact:
The impact of the alleged harassment on the complainant’s mental and emotional well-being.
The work environment and professional relationships affected by the incidents.
IX. Conclusion
Based on the collected evidence and thorough examination, the ICC concludes:
A. If Allegations are Substantiated:
a. The respondent’s actions amount to sexual harassment as defined under the POSH Act.
b. The complainant’s allegations are supported by substantial evidence.
B. If Allegations are Not Substantiated:
There is insufficient evidence to support the complainant’s allegations.
The inquiry did not find conclusive proof of sexual harassment as per the POSH Act.
X. Recommendations
A. For Substantiated Allegations:
i. Disciplinary Actions:
- Written apology from the respondent.
- Counseling or training sessions for the respondent.
- Suspension or termination of employment, depending on the severity of the misconduct.
ii. Preventive Measures:
- Mandatory workshops on sexual harassment awareness for all employees.
- Regular review and strengthening of the organization’s POSH policy.
B. For Unsubstantiated Allegations:
i. Closure of the Case:
The complaint is officially closed due to lack of conclusive evidence.
ii. Support for Parties:
- Counseling services for both the complainant and the respondent to address any distress caused by the inquiry.
- Assurance of no retaliation against the complainant.
- Signatures of ICC Members
iii. Presiding Officer:
Name: ________
Signature: ________
Date: ________
Member:________
Name: ________
Signature: ________
Date: ________
External Member:
Name: ________
Signature: ________
Date: ________
Member:
Name: ________
Signature: ________
Date: ________
Distribution
This report shall be submitted to the Employer/Organization Head Name or any Other relevant stakeholders concluding the inquiry report as per the POSH Act, 2013.
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