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CS Executive · Setting Up of Business, Industrial and Labour Laws · Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

An Internal Committee inquiry against an employee at Bengaluru firm Nirmal Ltd ends with recommendations. A journalist files an application under the Right to Information Act, 2005 seeking the complainant's identity and the Committee's recommendations. How does the POSH Act treat this?

The request must be refused. Section 16 applies notwithstanding the RTI Act and prohibits publishing or making known to the public, press or media the complaint, identities, inquiry details, recommendations and action taken. Only justice-secured information without identifying particulars may be shared.

  1. AThe information must be given, because the RTI Act overrides other laws
  2. BThe information may be given if the respondent consents
  3. CSection 16 applies notwithstanding the RTI Act, so the identity, contents of complaint and recommendations must not be made known to the public or pressCorrect
  4. DThe information may be given after the employer takes action on the recommendations

Explanation

Section 16 opens with a non-obstante clause over the RTI Act and bars publishing or making known the complaint contents, identities, conciliation and inquiry information, recommendations and employer's action. Taking action does not lift the bar. Only information on justice secured, without identifying details, may be shared.

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