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Conciliation Under Section 10 of POSH Act, 2013: Rules & Process

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  Introduction: Understanding Conciliation Under Section 10 Section 10 of the POSH Act, 2013, introduces a delicate, often misunderstood statutory mechanism: the option for conciliation prior to initiating a formal inquiry. The Internal Committee (IC) must understand that conciliation is strictly an option reserved exclusively for the complainant upon her explicit written request. The IC has no statutory authority to mandate, force, or even suggest conciliation to the parties, as coercing a settlement undermines the protective spirit of the Act and constitutes a severe procedural violation. 1. No Monetary Settlement in POSH Conciliation A central restriction under Section 10(1) is that no monetary settlement can be made the basis of conciliation. The scope of conciliation is strictly non-monetary and remedial, focusing on resolutions such as formal written apologies, reassignment of reporting lines, changes in physical seating, or voluntary undertakings of behavioral boundar...
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POSH Inquiry Report Drafting Under Section 13 | PoshAdvo

The final statutory output of an Internal Committee (IC) is the Inquiry Report mandated under Section 13 of the POSH Act, 2013 . This document is not merely an administrative summary; it is a quasi-judicial order that must withstand legal scrutiny before appellate authorities and High Courts. A poorly drafted report—containing logical gaps, unaddressed evidence, or ambiguous findings—can result in the entire inquiry being quashed by a court, regardless of how thorough the investigation actually was. Essential Elements of a Legally Defensible POSH Inquiry Report A legally defensible inquiry report must follow a transparent and structured format. It should begin with the procedural history, including the dates of receipt of the complaint, notices issued, depositions conducted, and interim relief granted. The report must then clearly outline the admitted facts, disputed facts, and specific charges framed against the respondent. Documenting this information demonstrates to any reviewing au...
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