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Delhi High Court Reaffirms Importance of Natural Justice in POSH Inquiries: Somaya Gupta v. Jawaharlal Nehru University & Ors

In a landmark judgment reinforcing the principles of fairness and impartiality under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act), the Delhi High Court in Somaya Gupta v. Jawaharlal Nehru University & Others (2018) clarified the essential procedural safeguards to be followed by Internal Committees (ICs) while handling complaints of sexual harassment. The Court held that mere apprehension of bias is insufficient to exclude a member from the Internal Committee; rather, there must be a real likelihood of bias established on substantive grounds.

The case involved a faculty member at Jawaharlal Nehru University who raised concerns over the composition of the Internal Committee, alleging potential bias and lack of impartiality. The petitioner sought the removal of certain committee members on the grounds of perceived conflict of interest and personal connections, fearing that these factors could influence the inquiry process.

The Delhi High Court, while dismissing the plea, emphasized that the integrity of the POSH mechanism must be preserved by adhering to the established legal principles of natural justice. The Court observed that the apprehension of bias, to be valid, must be reasonable, tangible, and supported by evidence. Vague or unsubstantiated claims of potential prejudice are not sufficient to derail the inquiry or demand reconstitution of the committee.

The judgment also highlighted that POSH inquiries, though internal, carry significant consequences for both the complainant and the respondent. Therefore, procedural rigor, neutrality, and adherence to statutory provisions are essential. The Court advised that while the complainant's apprehensions must be respectfully considered, the functioning of the Internal Committee cannot be disrupted solely on the basis of subjective perceptions without objective merit.

Moreover, the ruling underscored that the purpose of the POSH Act is to create a safe and fair workplace environment where grievances are addressed efficiently, sensitively, and without delay. At the same time, the Act must not become a tool for harassment or manipulation, and both parties’ rights must be equally protected through fair and balanced procedures.

This judgment serves as a crucial reminder to all employers and Internal Committee members about the importance of maintaining neutrality, following due process, and being vigilant against both actual and perceived bias. IC members must be well-trained to handle complaints without prejudice while ensuring that justice is not only done but is seen to be done.

In conclusion, the Delhi High Court's decision in Somaya Gupta v. JNU strengthens the credibility of the POSH mechanism by reiterating the need for real, demonstrable concerns of bias before any structural changes to the committee can be made. This ensures that Internal Committees remain effective, impartial, and legally sound while upholding the principles of natural justice.

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