Supreme Court Upholds Confidentiality and Fairness in POSH Proceedings

Supreme Court Upholds Confidentiality and Fairness in POSH Proceedings: Malabika Bhattacharjee v. Internal Complaints Committee, Vivekananda College & Ors.

In a landmark decision safeguarding both the principles of confidentiality and procedural fairness under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act), the Supreme Court of India in Malabika Bhattacharjee v. Internal Complaints Committee, Vivekananda College & Ors. underscored the need for strict adherence to the confidentiality provisions of the Act while conducting Internal Committee (IC) inquiries.

The case arose when Malabika Bhattacharjee, an assistant professor at Vivekananda College, filed a complaint of sexual harassment against a senior male colleague. During the proceedings, the IC allegedly failed to maintain the confidentiality of the complainant's identity and the case details, resulting in social stigma and professional isolation for the aggrieved woman. Bhattacharjee approached the Court seeking justice and protection of her rights under the POSH framework.

The Supreme Court observed that confidentiality is not a mere procedural formality but a fundamental pillar of the POSH Act aimed at protecting the dignity, privacy, and mental well-being of the complainant. The Court held that any breach of confidentiality, whether intentional or accidental, undermines the entire purpose of the legislation and can deter women from reporting incidents of harassment at the workplace.

The Court also reiterated the importance of following due process in handling complaints—ensuring that both the complainant and the respondent receive a fair hearing, that inquiry reports are reasoned and well-documented, and that organizational leadership supports a culture of zero tolerance towards harassment. The judges made it clear that protecting confidentiality must go hand-in-hand with conducting a fair, unbiased, and timely inquiry.

Additionally, the Supreme Court pointed out that employers and ICs must be trained not only in the procedural aspects of the law but also in the ethical obligations surrounding sensitivity, empathy, and respect for all parties involved. Institutions found violating confidentiality provisions could face serious legal consequences and damage to their organizational reputation.

This judgment serves as an essential reminder to all organizations that confidentiality is the cornerstone of the POSH framework. Any deviation from this principle not only weakens the protection offered to survivors of harassment but also risks legal intervention and public scrutiny.

In conclusion, the Supreme Court’s ruling in Malabika Bhattacharjee v. Internal Complaints Committee strengthens the enforcement of confidentiality and fairness in POSH inquiries, reinforcing the Act’s twin objectives of creating a safe workplace while ensuring justice is delivered with dignity and sensitivity.