But what happens when a respondent is mentally unfit to participate in the inquiry?

How should the Internal Committee (IC) proceed while staying compliant with the POSH Act—and also being trauma-informed, fair, and inclusive?

Let’s walk through a real-world-inspired scenario and break down the key steps the IC must take.

Case Scenario: When the Accused Is Mentally Unwell

Aarti, a young employee at a tech firm, files a formal PoSH complaint against Rajeev, her senior colleague. She alleges persistent, sexually suggestive jokes and boundary violations.

The IC steps in to initiate proceedings.

But something is off.

Rajeev seems disoriented, confused, forgetful. He breaks down during questioning. His manager shares that he’s battling bipolar disorder and had a relapse recently.

What now?

Understanding Mental Unfitness in PoSH Cases

Mental unfitness can be:

• Temporary (e.g., trauma, panic attacks, depressive episodes)
• Chronic (e.g., schizophrenia, PTSD, bipolar disorder, cognitive impairments)

The IC must tread carefully—protecting workplace safety while respecting individual dignity.

What the POSH Law (and Beyond) Says

While the PoSH Act doesn’t directly address mental incapacity, several provisions support a trauma-sensitive approach:

Section 9(2) – Extension of complaint filing deadline in valid cases
Rule 6(2) – IC must assist if complainant is unfit
Rule 9 – Allows for counselling
Section 12 – Interim relief like leave, transfer
Section 13 – Post-inquiry actions

Also relevant:

BNSS Section 367 – Trial suspension for unsound mind
BNS Section 84 – No criminal liability for acts by unsound individuals

How Can the IC Responsibly Proceed?

Here’s a 6-step playbook for handling mentally unfit parties:

1. Identify the Signs

Delusions. Confusion. Emotional breakdowns. Avoidance. Aggression.
These aren’t just red flags—they’re signals for support, not stigma.

2. Request Medical Evaluation

Before making assumptions, get a licensed psychiatrist’s assessment.
Always obtain informed consent.

3. Adjust the Inquiry Process

• Written responses > verbal interrogation
• Allow support person/guardian
• Use calming, neutral spaces
• Keep language simple
• Shorter, paced sessions

4. Document Everything

From observations to accommodations—track it all. It strengthens the inquiry’s credibility.

5. Maintain Dignity & Confidentiality

No labels. No gossip. No bias.
Be empathetic, but grounded.

6. Suspend or Defer if Needed

If participation is harmful to the individual, pause the process. Resume only when they’re medically fit.

What If Rajeev Is Found Guilty?

Despite his condition, if the IC finds enough evidence, it can recommend action under Section 13:

• Written apology
• Counselling/psychiatric treatment
• Transfer
• Withholding increments
• Termination (in severe/repeat cases)
• Sensitization training

Remember: Mental illness doesn’t excuse harmful behavior, but it requires sensitive handling.

The IC’s Role Is Delicate—But Doable

Balancing legal, ethical, and emotional dimensions is never easy.

But with the right tools, clarity, and empathy, the IC can:

• Ensure justice for complainants
• Respect the mental health needs of respondents
• Preserve workplace safety and dignity

At CecureUs, we guide organizations through complex POSH scenarios. From IC training to real-time case support, our mission is to build workplaces that are safe, inclusive, and trauma-informed.

 Reach out if you need help navigating tough PoSH cases involving mental health.

 Feel free to reshare or tag someone in HR or compliance who needs to read this.

The post When Mental Health Meets POSH : How Should the IC Respond? appeared first on Viji Hari.

At CecureUs, we supported thousands of employees through our confidential counselling services over the last financial year. The data we gathered offers valuable insights for every HR leader, DEI champion, and business head looking to build a mentally healthy workplace.

The Emotional Pulse of the Workplace

1. Stress & Anxiety Dominate

• 34% of all counselling sessions focused on stress and anxiety.
• 71% of these users were women, highlighting a heavier emotional burden often carried by female employees.

 Emotional fatigue remains a major challenge, especially for women balancing professional demands with invisible labor at home.

Relationship Challenges Are Universal

• 28% of sessions were related to relationship issues—personal, workplace, and marital.
• Interestingly, 58% of those seeking support in this category were men, versus 42% women.

 Emotional intelligence, communication struggles, and unresolved conflict at home or work can directly affect focus and performance.

Parenting Pressures Are Rising

• 10% of sessions addressed parenting-related concerns.
• Many working parents—especially in hybrid roles—are feeling stretched and seeking emotional support to better balance their dual roles.

Depression & Emotional Fatigue Require Urgent Focus

• A significant number of sessions were tied to depression and emotional burnout, reinforcing the need for early intervention and long-term mental health support frameworks.

Additional Key Insights

• 55% of all users accessing counselling were women.
• Most employees seeking help were in the 30–45 age group, a critical demographic for workforce productivity.
• 30% of English-speaking employees preferred counselling in their native language, indicating the value of culturally sensitive support.
• 7% of all complaints received were classified as critical, requiring immediate response and follow-up care.

Why This Matters for Employers

These numbers aren’t just statistics—they represent real people facing real struggles. They show that today’s employees are not just chasing performance metrics, they’re looking for emotional resilience, balance, and a culture that supports their whole selves.

What HR and Leadership Can Do

 Normalize mental health conversations
Foster a culture where saying “I’m not okay” is met with empathy—not stigma.

 Strengthen EAP awareness year-round
Keep visibility high, not just during wellness weeks. Make sure employees know it’s safe, confidential, and accessible.

 Equip managers with emotional intelligence tools
They are your first line of support. Train them to identify distress, hold space, and refer early.

 Don’t overlook men’s mental health
Men may delay seeking help. Design inclusive campaigns that actively reach them without judgment.

 Respect language and cultural preferences
Make counselling available in regional languages to deepen impact and comfort.

Final Thought

At CecureUs, we believe that a safe, productive workplace isn’t just built through compliance checklists—it’s built through compassion, connection, and consistency.

Let’s use these insights to design healthier, kinder, and more resilient workplaces in FY 2025–26—where mental health is not a one-off initiative but an everyday priority.

Because behind every data point is a human being—seeking to be heard, helped, and understood.

The post Inside the Mind of Today’s Workforce: What Our EAP Counseling Data Reveals (FY 2024–25) appeared first on Viji Hari.