The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) was enacted for the purpose of protecting women against sexual harassment at the workplace and for providing an effective inquiry and redressal mechanism.

However, there are certain practical and operational difficulties that can arise during the course of an investigation. Recognising the urgent need for more detailed guidelines, in a first of its kind judgment, the Bombay High Court recently released a detailed work protocol for orders, hearings and case file management in relation to cases filed under the POSH Act.

The following are some of the key directions that were issued by the Court:

• The names of the parties involved in the proceedings cannot be mentioned in order sheets;
• The body of an order cannot contain any 'personally identifiable information' (such as phone numbers, addresses, email, etc.) of any person, including the witnesses;
• All orders and judgments are to be delivered in private and no person other than the advocates and the litigants are permitted to attend hearings. Any form of recording of the proceedings is strictly prohibited;
• No person other than an advocate-on-record with a current and valid vakalatnama (a document by which the party filing the case authorizes the Advocate to represent on their behalf) will be allowed to inspect or take copies of any filings or orders;
• Orders, judgments and witness depositions are not permitted to be uploaded;
• All concerned parties and advocates have been prohibited from disclosing the contents of any judgment, order or filing to the media, and from publishing any associated material in any mode without the court's permission;
• Any failure to ensure strict compliance with the guidelines, especially the anonymity obligations, on the part of any person (including the media) will amount to contempt of court.

The Court observed that these guidelines are merely an initial step towards the preservation of anonymity in sexual harassment cases and constitute the minimum requirements for such purpose.

The PoSH Confidentiality Guidelines are therefore an important step in the right direction as it will serve as a guidance not just for the courts but also as a reminder to the employer and witnesses, besides the parties who are directly involved in relation to the complaint of sexual harassment at the workplace. The ruling of the Bombay High Court also reinforces the importance for employers to take similar measures to ensure that sexual harassment complaints are investigated and handled in a confidential manner without exposing the identities of the parties involved.

Indeed, even if they are primarily restricted to the handling of sexual harassment cases before judicial courts, employers could consider including specific guidelines on preserving the anonymity of parties involved in sexual harassment proceedings as part of their internal policies.