In the case of ABC Corporation, a sexual harassment complaint has been filed against a senior manager, X, by one of their subordinates, Y. As the Internal Committee (formerly known as Internal Complaints Committee or IC) initiates the inquiry process, it faces a significant challenge: four witnesses who have crucial information are afraid of retaliation as X holds managerial positions directly over them or is their skip-level manager. This fear of retaliation jeopardizes the anonymity and integrity of the inquiry process, raising several challenges.
- Principles of Natural Justice: The principles of natural justice require that both parties have the opportunity to know the case against them and to defend themselves. However, maintaining anonymity for witnesses may seem to contradict this principle. How can the IC balance the need to maintain witness anonymity with the Respondent’s right to know the case against them and prepare a defence?
- Legal Requirements for Anonymity: While anonymity of witnesses is crucial for their protection, legal requirements vary concerning the extent to which anonymity can be maintained during an inquiry process. What measures can be implemented to ensure anonymity while adhering to legal requirements regarding witness protection?
- Respondent’s Right to Defence: The respondent, has the right to know the identity of individuals making accusations against him to effectively prepare his defence. How can the IC uphold the respondent’s right to a fair defense while protecting the anonymity of witnesses?
- Impartiality and Objectivity: Maintaining impartiality and objectivity in the inquiry process while protecting witnesses’ identities can be challenging, especially if the respondent believes that anonymous witnesses are biased or have ulterior motives. How can the IC maintain impartiality and objectivity in the inquiry process while protecting witnesses’ identities?
- Psychological Impact on Witnesses: Witnesses may experience heightened stress, anxiety, or fear of retaliation if their identities are disclosed during the inquiry process, potentially impacting the accuracy and reliability of their testimonies. What support services can be provided to witnesses to mitigate the psychological impact of participating in the inquiry process?
- Extent of Anonymity: Anonymity may extend beyond hiding witnesses’ names alone, requiring extra efforts to conceal other identifying details. What extra efforts are required to ensure complete anonymity beyond hiding witnesses’ names alone?
- Warning about Retaliation: Witnesses may hesitate to come forward if they fear retaliation from the respondent, for participating in the inquiry process. How can the IC effectively warn against retaliation and ensure witnesses feel safe to participate in the inquiry process?
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Notary, Government of India
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