“Are you truly neutral when you enter an inquiry room?”

Silence usually follows. Because it’s hard.
Even with the best of intentions, bias creeps in—quietly, unconsciously, and sometimes with devastating consequences.

In this edition of the SafeSpace Series, let’s talk about why bias awareness and neutrality aren’t just nice-to-have values in IC investigations… they are legal, ethical, and cultural imperatives.

What Does Bias Look Like in a PoSH Inquiry?

Bias is not always loud or obvious.
It can show up in subtle ways like:

• Dismissing a complainant as “too sensitive” or “overreacting”
• Giving the benefit of doubt to a respondent because they’re senior or well-liked
• Assuming that a certain gender is more likely to lie
• Treating a friend, team member, or culturally similar colleague more leniently

Each of these assumptions chips away at neutrality. And in PoSH inquiries, even a perception of bias can unravel the entire process.

Why IC Neutrality is Legally Non-Negotiable

Every IC is bound by two key principles of natural justice:

1. Nemo judex in causa sua – No one should be a judge in their own cause
2. Audi alteram partem – Hear the other side

Neutrality isn’t just a guideline—it’s the foundation of both. A lapse can put the entire inquiry under scrutiny, and even trigger legal challenges.

Case Laws That Reinforce This Point

Let’s not take this lightly. Indian courts have repeatedly emphasized the dangers of IC bias:

1. V. Uma vs Nilgiri Coop. Marketing Society (2022, Madras HC)
   A biased IC member with prior issues against the complainant led to the entire IC being reconstituted and the inquiry restarted.
2. Ruchika Singh Chhabra vs M/s Air France (2020, Delhi HC)
   Failure to give the complainant a fair hearing =flawed process= serious reputational damage.
3. Medha Kotwal Lele vs Union of India (2013, SC)
   A landmark judgment reminding us that the IC must be independent and conflict-free, in line with the Vishaka Guidelines.

4. Common Sources of IC Bias

   • Organizational hierarchy: “He’s the CEO. Why would he do this?”
   • Cultural bias: Favoring someone who speaks your native language
   • Gender bias: “Men don’t get harassed.” or “Women always complain.”
   • Confirmation bias: Searching only for facts that support your assumptions

   Sound familiar? That’s because these are deeply embedded patterns—and recognizing them is step one.

IC Members: Self-Awareness Before Service

Before participating in any inquiry, I urge every IC member to pause and ask:

“Am I truly neutral right now?”
“What assumptions am I carrying into this room?”

At CecureUs, we’ve created a Bias Awareness Checklist to help IC members reflect before, during, and after any inquiry.

 [Click here to access the 3-minute checklist]

What Does Neutrality Look Like in Action?

• Equal time, attention, and tone for both parties
• Avoiding judgment based on emotional expression
• Consistent body language and question style
• Courage to speak up when groupthink takes over
• Recusing yourself if personal biases can’t be set aside

Neutrality doesn’t mean being cold.
It means being fair, open, and objective, even when emotions are high.

Final Thought

In PoSH cases, bias is not just unfair—it’s unlawful.
The role of the IC is sacred. It protects not only the individuals involved but also the trust fabric of your entire workplace.

So let’s be conscious.
Let’s be fair.
Let’s replace unconscious bias with conscious fairness—one inquiry at a time.

The post Bias and Neutrality in PoSH Inquiries: A Non-Negotiable Responsibility for IC Members appeared first on Viji Hari.