30 Sep Mental Health and PoSH Inquiries : Frequently Asked Questions
October is observed as Mental Health Awareness Month worldwide. For HR and Internal Committee (IC) members, this is a timely reminder that workplace sexual harassment cases under the PoSH Act, 2013 often involve not just legal and procedural aspects, but also mental health considerations.
According to the World Health Organization, 1 in 5 working adults experience a mental health challenge each year. In workplace harassment cases, the impact is often sharper — trauma, anxiety, or depression can directly affect how complainants and respondents engage with PoSH inquiries.
Handling such cases requires not only compliance but also sensitivity and empathy. That’s where a trauma-informed approach comes in.
Case Studies
Case Study 1: Complainant’s Mental Health During Proceedings
In a large IT company, a young employee reported inappropriate behavior by her manager. During the inquiry, the complainant experienced panic attacks and severe anxiety. The IC recognized that continuing long sessions would worsen her trauma. They adapted by allowing shorter hearings, involving the company counselor, and permitting breaks.
Learning: Mental health struggles do not weaken the validity of testimony; ICs must create a safe environment for fair proceedings.
Case Study 2: Respondent’s Claim of Mental Illness
In a Tamil Nadu manufacturing setup, a respondent facing multiple harassment allegations claimed he was undergoing treatment for bipolar disorder and requested the proceedings be delayed indefinitely. The IC sought medical documentation. Upon expert verification, it was found that while the respondent had a medical condition, it did not impair his ability to respond. The inquiry continued with reasonable accommodations, ensuring timelines were not violated.
Learning: Mental health claims must be respected but also verified to avoid misuse as a delaying tactic.
FAQs on Mental Health in PoSH Inquiries
- What is a Trauma-Informed Approach in PoSH inquiries?
A trauma-informed approach means recognizing that people involved in a PoSH case may be carrying the weight of trauma—before, during, or after the incident. Instead of questioning their credibility or rushing through procedures, the IC adapts its process to minimize further harm.
Key principles include:
- Safety: Ensuring both physical and emotional safety during hearings.
- Choice: Allowing flexibility, such as shorter sessions or breaks.
- Trust: Being transparent about the process and timelines.
- Empowerment: Giving both complainant and respondent a fair voice.
- Collaboration: Engaging mental health professionals when needed.
- What if the complainant was mentally unwell at the time of the incident?
Yes, their testimony is still valid. The Internal Committee (IC) must ensure sensitivity in recording statements. Mental illness does not automatically discredit the complainant. Instead, the IC should consider medical evidence, contextual details, and corroboration through witnesses, documents, or digital records.
- What if the complainant develops trauma after the incident?
It is common for complainants to experience anxiety, depression, or post-traumatic stress after workplace harassment. If the complainant is mentally unwell post-incident, the IC may allow breaks during proceedings, involve a counselor, or permit a support person to be present. This ensures the inquiry remains trauma-informed and does not re-victimize the individual.
- What if the respondent is not mentally fit to defend themselves?
Natural justice requires that the respondent be given a fair chance to respond. If the respondent produces medical documentation of mental incapacity, the IC can pause proceedings until they are fit to participate. However, unnecessary delay tactics must be avoided—timelines under the PoSH Act (90 days for inquiry, 10 days for report submission) remain critical.
- Can either party request a medical or psychological evaluation?
Yes. If either the complainant or respondent cites mental health as a concern, the IC may request a medical or psychological assessment to verify claims. This helps the IC balance compassion with fairness. The IC should document why such an evaluation was sought and how it influenced the findings.
- Can the IC allow a support person during depositions?
Yes. While the law does not explicitly mandate it, ICs can permit a counselor, family member, or mental health professional to accompany the complainant, especially in trauma cases. This does not compromise confidentiality if proper non-disclosure agreements are signed.
- What if mental health is cited as a defense or a delaying tactic?
The IC should evaluate the authenticity of the claim with the help of medical records. If the claim appears genuine, reasonable accommodations must be made. If it appears to be an excuse to stall proceedings, the IC can proceed with inquiry while documenting why it considered the defense weak.
- Why is counselling support important for both complainant and respondent?
Counselling provides emotional stability, helps individuals process the incident, and prepares them to participate constructively in the inquiry. For the complainant, it reduces trauma and fear of retaliation. For the respondent, it helps them cope with stress and engage in the process responsibly.
Many organizations extend Employee Assistance Programs (EAP) to both parties during a PoSH case. This not only safeguards mental well-being but also reinforces trust in the system.
- What should IC members keep in mind for trauma-informed inquiries?
Here’s a quick checklist for ICs to follow:
- Allow breaks if either party feels overwhelmed
- Document mental health concerns with care
- Engage EAP/counsellor support early
- Avoid leading or aggressive questions
- Keep proceedings confidential and non-intimidating
This checklist helps ICs balance fairness with empathy while staying within legal timelines.
Key Takeaway
Mental health concerns—whether of the complainant or the respondent—do not invalidate PoSH proceedings. Instead, they call for additional sensitivity, safeguards, and documentation by the IC. By adopting a trauma-informed approach, ensuring access to counselling support, and following a structured IC checklist, organizations can uphold both justice and employee well-being.