Posh Law - The Role of Conciliation in POSH Investigations

Not every case of sexual harassment at the workplace needs to culminate in a formal inquiry. The POSH Act, 2013 recognizes that in some situations, the aggrieved woman may prefer a less adversarial resolution. This is where conciliation plays a role offering an opportunity to resolve the complaint amicably, provided certain safeguards are respected. For the Internal Committee (IC), conciliation is a delicate process that requires sensitivity, neutrality, and strict adherence to law.

1. When Conciliation Can Be Considered

  • Conciliation is an option available only at the request of the complainant.
  • The IC cannot suggest or impose conciliation on its own.
  • The request must be made before the start of the formal inquiry process.
  • This ensures that the complainant’s autonomy and comfort remain at the center of decision-making.

2. Prohibited Basis of Conciliation

  • The law expressly forbids monetary settlement as the foundation of conciliation. This is a critical safeguard against misuse and exploitation. Instead, conciliation can be based on:
  • An apology or written undertaking from the respondent.
  • Mutual agreement on behavior changes.
  • Undertakings to avoid contact, maintain professional boundaries, or ensure a safe work environment.
  • Other non-monetary resolutions acceptable to the complainant.

3. The IC’s Role in Conciliation

  • The Internal Committee must ensure that conciliation is conducted with fairness and transparency. Its responsibilities include:
  • Facilitating the discussion while maintaining neutrality.
  • Recording the terms of settlement in writing, ensuring clarity and enforceability.
  • Sharing a copy of the settlement with both parties and the employer.
  • Ensuring closure of the case once both sides confirm compliance.

Importantly, the IC must document the process in its records, since conciliation is considered a valid closure under the Act.

4. Benefits and Risks of Conciliation

Benefits:

  • Provides a quicker, less confrontational resolution.
  • Reduces emotional distress for both parties.
  • Preserves workplace relationships when both parties are willing.

Risks:

  • May be perceived as downplaying the seriousness of harassment if not handled carefully.
  • Could leave the complainant feeling pressured if IC neutrality is not maintained.
  • If terms are vague or unenforceable, disputes may resurface later.

Thus, conciliation must always be voluntary, well-documented, and respectful of the complainant’s dignity.

5. Why Step 4 Matters

Conciliation represents a unique balancing act between justice and resolution. Its importance lies in:

  • Respecting choice: The complainant drives the decision, not the IC or employer.
  • Preventing escalation: It allows workplace issues to be resolved constructively.
  • Upholding compliance: When properly documented, it provides a lawful closure to the case.
  • Building trust: Demonstrates that the organization offers multiple pathways for redressal.

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