POSH CASE - Abraham Mathai Judgment: A Critical POSH Lesson for HR and ICC Members

The Kerala High Court's judgment in Abraham Mathai v. State of Kerala (December 2024) serves as an important reminder that compliance with the POSH Act is not only about protecting employees but also about ensuring procedural fairness and natural justice.

In this case, a POSH inquiry was initiated based on an anonymous complaint alleging sexual harassment. During the proceedings, the alleged victim denied having submitted the complaint. The Local Committee nevertheless proceeded with the inquiry and issued recommendations against the respondent.

The Kerala High Court examined the matter and held that Section 9 of the POSH Act mandates a written complaint by the aggrieved woman. While the law permits assistance to be provided where a woman is unable to submit a written complaint, a mere oral allegation cannot ordinarily replace this statutory requirement. Since no valid written complaint existed in the case, the inquiry itself was held to be unsustainable.

The Court further observed procedural deficiencies in the inquiry process, including denial of adequate opportunity to challenge evidence and departures from principles of natural justice. As a result, the inquiry report and consequential actions were set aside.

Key Takeaways for HR Professionals and ICC Members

1. A written complaint remains the foundation of a POSH inquiry. 
2. If an aggrieved woman is unable to submit a written complaint, the Committee should formally assist her in recording it in writing as contemplated under the Act. 
3. Anonymous complaints should be handled with caution and cannot automatically become the basis for a formal POSH inquiry. 
4. Principles of natural justice must be followed throughout the investigation process. 
5. Procedural compliance is as important as the intent of the legislation. A flawed process can invalidate an otherwise well-intentioned inquiry. 

For HR leaders, this judgment reinforces a simple but powerful principle: POSH investigations must be both sensitive and legally rigorous. A fair outcome begins with a fair process