Protecting the Inquiry Process—Section 12 and the Mechanics of Interim Relief

 

The period between the filing of a POSHcomplaint and the submission of the final inquiry report is often fraught with tension, anxiety, and operational friction. To safeguard the complainant from retaliation, prevent witness tampering, and ensure a fair investigation, Section 12 of the POSH Act equips the Internal Committee with statutory powers to recommend Interim Relief. These measures serve as an operational firewall during ongoing proceedings.

Interim measures are strictly preventive, not punitive. They do not signal that the IC has prejudged the merits of the case; rather, they serve to preserve the integrity of the inquiry environment and protect the psychological safety of the parties involved. Under Section 12, upon receiving a written request from the aggrieved woman, the IC may recommend that the employer transfer either party, grant the complainant extra paid leave up to three months, or restrain the respondent from evaluating her performance.

A critical area for IC deliberation is determining which party should be relocated or adjusted. While the law permits transferring either party, shifting the complainant can unintentionally send a punitive signal or create a chilling effect on future reporting across the organization. Unless explicitly requested by the complainant for her own comfort, institutional best practice leans toward altering the respondent's reporting lines, physical seating, or project assignments to neutralize potential retaliation.

Furthermore, the scope of interim relief extends to digital and administrative boundaries. The IC can recommend no-contact orders that restrict the respondent from reaching out to the complainant via work channels, personal messaging apps, or indirect third parties. It can also temporarily reassign supervisory duties to ensure that performance reviews, bonus distributions, or project sign-offs are handled by neutral managers during the inquiry period.

Ultimately, interim relief is a temporary shield valid only during the pendency of the inquiry. Employers are statutorily obligated to implement the IC’s interim recommendations and submit an implementation report back to the committee. By acting swiftly upon receiving such requests, the IC ensures that the inquiry proceeds in a secure environment free from coercion or fear of professional reprisal.

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