HR Law Hotline March 06, 2020

POSH Committee - Dealing with bias and conflict of interest

This article was originally published on 28th February 2020 in

The POSH Act and the rules thereunder provide that during the inquiry into a complaint, both parties should be given an opportunity of being heard. However, the POSH Act does not provide clarity about the ways to handle situations of bias or conflict of interests, if they do arise. Here are some ways to deal with such situations.

Thanks to India’s POSH Act and the #MeToo movement, India continues to see a rise in sexual harassment complaints being filed at workplaces. With that, there has also been an increase in cases brought to the courts.

Some cases have questioned the inquiry proceedings by the Internal Complaints Committee (IC) constituted by the employer. While there may be various reasons, it implies that the IC composition, the procedure followed and the inquiry report, may also be tested in the courts. The first principle of natural justice is that no one should be made judge in his own case, because it leads to a bias or conflict of interest.

For complete article, click here.

Mission and Vision

Distinctly Different


NDA cCep: Upcoming Programs
April 06, 2020


NASSCOM HR Forum: An interactive workshop on "The Code on Wages 2019"
February 25, 2020

This event is over. For event material please click here

Round Table

Indian Infrastructure Sector – Decoding InvITs
November 14, 2019

This event is over. For event material please click here

Want to work with us?


Inviting Top Talent for our Corporate Law, Infrastructure, IP and International Tax Practices

Strong credentials in Corporate Law (in particular M&A or Fund Investment), Infrastructure, IP or International Tax? Now’s the time to apply. We’re looking for the industry's best talent with scope to do extraordinary work for the world’s best, marquee clients. Reach out for a great career in a great place!

Write to happiness(at)



Nishith Desai Associates 2013. All rights reserved.