Confidentiality under the POSH Act

Short answer: the Act protects the confidentiality of complaints and inquiries. The contents of a complaint, the identities and addresses of the people involved, and details of the process and outcome are not to be published or shared with the public, press or media. A breach can attract a penalty.

This article is general information, not legal advice.

What section 16 protects

The Act says the following must not be published, communicated or made known to the public, press and media in any manner:

• The contents of a complaint
• The identity and addresses of the aggrieved woman, the respondent and the witnesses
• Information about conciliation and inquiry proceedings
• The recommendations of the committee
• The action taken by the employer or District Officer

This applies even though the Right to Information Act, 2005 would otherwise allow people to ask for information.

One carve-out

Information about the justice secured to a victim can be shared, but only without disclosing the name, address, identity or other particulars that could identify the people involved. Companies sometimes use this to show employees that complaints are taken seriously.

Who has to be careful

Anyone who handles the matter: committee members, the employer, HR staff, managers, administrative staff, and also the complainant, respondent and witnesses in what they say publicly. It is easy to breach confidentiality by accident, for example through a casual remark, a forwarded email or a shared folder.

What happens if it is breached

Section 17 provides a penalty for a person who contravenes section 16. It is applied under the service rules, or, where there are none, as prescribed. The Rules prescribe a penalty of ₹5,000 for such a contravention. Employers should also treat a breach as a serious conduct issue.

Why it matters

Confidentiality is not only a legal point. People will not come forward if they fear that their name will be discussed in the corridor. The respondent also has an interest in not being judged before an inquiry ends. A fair process depends on discretion.

Practical ways to protect it

• Brief every committee member and support person on confidentiality at the start of their term
• Limit who can see complaint files, and store them securely
• Use agreed, secure channels, not casual chat groups
• Do not discuss cases in open spaces
• Share only what is needed, with those who need it
• Keep identifying details out of annual reports, which should carry numbers only
• Tell managers what to do if someone raises a concern with them, and remind them they should not spread it
• Remind employees at awareness sessions

Common slips

• Discussing a case with a friend at work "in confidence"
• Leaving documents on a printer or shared drive
• Forwarding an email chain with names in it
• Telling a senior person "so they are in the loop" when they do not need to be
• Posting about a case on social media

A short self-check

• Does every committee member know section 16 and its penalty?
• Where are the records kept, and who can open them?
• Do managers know they must not share what they hear?
• Do employees know that confidentiality applies to them too?

Where training helps

Confidentiality is easy to agree with and easy to forget under pressure. Short scenarios in a session help people see where it can slip. See POSH training programmes for employees and managers, and IC/ICC Member Training for committee members. Check your own position with our POSH Readiness Checklist.

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Information on this website is for training and general awareness. It does not constitute legal advice. Organisations should obtain advice appropriate to their facts and applicable law.

Sources: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules, 2013 — text of the Act and Rules.