Constituting the Internal Committee under the PoSH Act, 2013

Table of Contents

1. Introduction
2. Statutory Requirement for Internal Committee
3. Composition of the Internal Committee
4. Qualifications and Disqualifications of IC Members
5. Roles and Responsibilities of the IC
6. Tenure and Reconstitution of the Committee
7. Legal and Practical Considerations in Constitution
8. Landmark Cases and Judicial Observations
9. Best Practices for Employers
10. Conclusion
11. Frequently Asked Questions (FAQs)

Introduction

Background of the PoSH Act, 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013—commonly known as the PoSH Act—was enacted to provide a robust legal framework to safeguard women against sexual harassment at their place of work. The Act was the result of long-standing advocacy, catalyzed by the landmark Vishaka judgment of the Supreme Court in 1997, which highlighted the absence of a specific law to address workplace sexual harassment. Enacted in alignment with India’s international commitments under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the PoSH Act lays down clear guidelines for prevention, complaint redressal, and punishment of sexual harassment incidents.

Purpose of the Internal Committee (IC)

At the heart of the PoSH Act lies the requirement for every organization, public or private, with ten or more employees to establish an Internal Committee (IC). The IC serves as the internal redressal mechanism tasked with receiving complaints of sexual harassment and conducting impartial inquiries. Its purpose is not merely adjudicatory; the IC also plays a preventive and advisory role—ensuring that a safe, respectful, and equitable work environment is cultivated. Proper constitution and functioning of the IC is crucial for enforcing the rights of women employees and ensuring organizational compliance with the law.

Statutory Requirement for Internal Committee

Applicability of the IC under Section 4

Section 4 of the PoSH Act, 2013 mandates the constitution of an Internal Committee (IC) by every employer at each office or branch of their organization where 10 or more employees are employed. The provision is applicable across both public and private sectors and is inclusive of all types of workers—regular, temporary, contractual, trainees, and interns.

Mandatory Constitution in Every Workplace

It is compulsory for each workplace with the minimum threshold of employees to constitute an IC. This obligation extends to all establishments including corporate offices, factories, government bodies, educational institutions, NGOs, and hospitals. Where an organization has multiple branches or administrative units, each unit must have its own IC to ensure localized accessibility for complainants.

Penalty for Non-Compliance

Non-compliance with the mandatory constitution of the IC attracts a penalty under Section 26 of the PoSH Act. An employer failing to constitute an IC may be fined up to ₹50,000 for the first instance. Repeated violations may lead to enhanced penalties, including cancellation of business licenses, withdrawal of statutory benefits, and potential civil liabilities. Courts have taken a strict view of non-compliance, emphasizing that lack of a functioning IC undermines the very objective of the Act.

Composition of the Internal Committee

Presiding Officer: Eligibility and Role

The IC must be headed by a Presiding Officer, who shall be a woman employed at a senior level in the workplace. If such a senior woman employee is not available, the employer may nominate someone from another office or administrative unit. The Presiding Officer ensures that proceedings are carried out impartially and sensitively, and that the rights of both the complainant and respondent are protected.

Members from Amongst Employees

At least two members of the IC should be employees preferably committed to the cause of women or who have experience in social work or legal knowledge. These members contribute to the integrity, neutrality, and knowledge base of the Committee, enhancing its ability to evaluate evidence and apply legal reasoning.

External Member: Role and Qualifications

An essential component of the IC is an external member who is not associated with the organization. This person must be from an NGO, social organization, or be familiar with issues relating to sexual harassment. The purpose of this external member is to ensure objectivity, reduce institutional bias, and contribute expert insights to the process.

Minimum Number of Members Required

The Internal Committee must comprise a minimum of four members, including the Presiding Officer. Additional members may be included, especially in larger organizations, but the quorum for proceedings must always be maintained as per prescribed norms.

Gender Representation Requirements

At least half of the total members of the IC must be women. This gender-sensitive requirement ensures a fair and empathetic environment for complainants. It also reflects the gender-focused nature of the legislation and enhances the Committee’s ability to address the concerns of women complainants appropriately.

Qualifications and Disqualifications of IC Members

Legal Requirements

The PoSH Act, 2013 prescribes specific eligibility criteria for members of the Internal Committee (IC) to ensure its integrity and functionality:

• The Presiding Officer must be a woman employed at a senior level at the workplace.
• Two other members must be employees committed to the cause of women, or having experience in social work or possessing legal knowledge.
• The external member should be from an NGO or association committed to women’s issues or have legal expertise in sexual harassment matters.

These requirements are aimed at ensuring that the IC is both competent and sensitive to the subject matter it deals with.

Desirable Qualities

Beyond statutory requirements, certain personal and professional attributes are desirable in IC members:

• Strong sense of impartiality and integrity
• Sound understanding of gender sensitivity and legal processes
• Ability to maintain confidentiality and professionalism
• Good communication and interpersonal skills
• Prior training or experience in handling complaints or conducting inquiries

These qualities help IC members discharge their duties with fairness, empathy, and procedural soundness.

Grounds for Removal or Disqualification

Under the PoSH Act, an IC member may be removed from their position if:

• They have been convicted of an offence or are under disciplinary proceedings.
• They have been found guilty in any disciplinary inquiry.
• They misuse their position in the IC.
• They disclose confidential information in violation of Section 16 of the Act.
• They demonstrate bias or conflict of interest in handling cases.

Any member found unsuitable on these grounds must be removed and replaced promptly to maintain the IC’s credibility.

Roles and Responsibilities of the IC

Complaint Handling

The IC’s primary responsibility is to receive complaints of sexual harassment from aggrieved women at the workplace. It must acknowledge the complaint in writing, guide the complainant on the procedure, and maintain confidentiality throughout the process.

Conducting Inquiries

Upon receipt of a complaint, the IC is mandated to conduct an inquiry in accordance with the principles of natural justice. The process includes:

• Providing both parties an opportunity to be heard
• Allowing for representation and submission of evidence
• Maintaining written records of proceedings
• Completing the inquiry within 90 days from the receipt of complaint

The IC is empowered to summon witnesses, examine documents, and access workplace records necessary for the inquiry.

Recommendation of Action

Based on its findings, the IC must submit a written report to the employer within 10 days of completion of inquiry. If the allegations are proven, it may recommend:

• Disciplinary action against the respondent
• Deduction from the respondent’s salary as compensation to the aggrieved woman
• Counseling or sensitization measures

The employer is legally bound to act on these recommendations within 60 days.

Preventive and Awareness Functions

In addition to redressal, the IC plays a crucial role in prevention by:

• Organizing awareness programs and workshops
• Assisting in framing workplace sexual harassment policies
• Promoting a gender-sensitive work environment
• Ensuring that posters with contact details of the IC and information about the PoSH Act are displayed at prominent places

This dual role of redressal and prevention makes the IC central to the institutional framework for gender justice at the workplace.

Tenure and Reconstitution of the Committee

Duration of Appointment

As per Rule 3 of the PoSH Rules, 2013, the members of the Internal Committee (IC) are appointed for a period of three years. This fixed tenure applies to all members, including the Presiding Officer and the external member. The tenure ensures continuity and stability in the functioning of the IC, while also allowing for periodic renewal and infusion of fresh perspectives.

Circumstances Warranting Reconstitution

The IC must be reconstituted in the following scenarios:

• Completion of the three-year term of the existing members.
• If any member resigns, retires, or is removed due to disqualification.
• Structural changes in the organization such as mergers, reorganization, or changes in employee strength affecting committee composition.
• Change in location or setup of the workplace requiring a separate IC.

Timely reconstitution is crucial to prevent any vacuum in the redressal mechanism and to ensure continued compliance with the law.

Need for Updating Details with Authorities

It is a good practice, and often required under state-level compliance rules, for the employer to:

• Maintain updated records of the IC’s composition.
• Display IC details prominently at the workplace.
• Submit annual reports to the District Officer as required under Section 21 of the PoSH Act, detailing the number of complaints received, resolved, and pending.
• Notify any changes in the IC to relevant local authorities, especially in public institutions or government offices.

Failure to maintain transparency and updated records may result in penalties and administrative challenges.

Legal and Practical Considerations in Constitution

Challenges in Appointing External Members

One of the most common challenges organizations face is appointing a qualified external member who:

• Has relevant expertise or is affiliated with a reputed NGO.
• Is available to attend meetings and participate in inquiries.
• Understands their role as independent and non-biased advisors.

In small towns or remote areas, the availability of qualified external members may be limited, making appointments difficult. Additionally, concerns about remuneration, travel, and availability often hinder proper functioning.

Ensuring Impartiality and Confidentiality

A foundational requirement of the IC is to ensure fairness, neutrality, and confidentiality:

• IC members must not have any personal or professional interest in the outcome of the case.
• They must not be directly or indirectly connected with either the complainant or the respondent.
• Confidentiality must be strictly observed as per Section 16 of the Act, and any breach may attract penalties.

Employers should establish clear conflict-of-interest policies and ensure that all IC members are sensitized about their ethical obligations.

Training and Capacity Building of IC Members

Effective functioning of the IC depends heavily on the competence and awareness of its members. Training programs must include:

• Legal orientation on the PoSH Act and Rules.
• Skills in conducting inquiries, handling evidence, and drafting reports.
• Sensitization to gender issues, trauma-informed approaches, and conflict resolution.
• Familiarity with workplace policies and internal procedures.

Regular capacity-building sessions, mock proceedings, and workshops are vital to enhance professionalism and preparedness of IC members.

Landmark Cases and Judicial Observations

Global Health Private Limited v. PoSH Committee (Delhi High Court, 2023)

In this case, the Delhi High Court invalidated an inquiry report submitted by the Internal Committee on the grounds of improper constitution. The Court emphasized that non-compliance with the statutory composition under Section 4 of the PoSH Act vitiates the entire proceedings. Specifically, the absence of a qualified external member led to the invalidation of the findings.

Observation: “A duly constituted Internal Committee is not a procedural formality but a substantive statutory requirement. Its absence goes to the root of jurisdiction.”

Union of India v. PoSH Committee, IGNOU (2022)

Here, the Delhi High Court intervened in a case where the composition of the IC was challenged for lack of an impartial external member. The Court reiterated that even technical non-compliance may render the proceedings unfair and violative of the principles of natural justice.

These cases reinforce that employers must not treat IC constitution as a checkbox exercise. Courts now adopt a strict approach toward statutory compliance and ensure that both form and substance are maintained.

Impact on Interpretation of IC Composition

• Judicial scrutiny has elevated the significance of strict adherence to Section 4 and Rule 3 of the PoSH Act and Rules.
• It has also clarified that procedural lapses such as absence of a member, conflict of interest, or lack of training may invalidate inquiry outcomes.
• These rulings have prompted institutions and companies to review and update their IC compositions regularly and seek expert assistance where necessary.

Best Practices for Employers

Internal Policy Drafting

• Employers should frame and adopt a comprehensive PoSH Policy aligned with the Act.
• The policy must clearly lay down procedures for complaints, timelines, roles of IC members, appeal mechanisms, and confidentiality protocols.
• It should also include provisions for training and awareness.

Timely Constitution and Notification

• Every employer with 10 or more employees must constitute the IC promptly.
• The names and contact details of IC members should be notified through display boards, employee handbooks, and internal circulars.
• Any changes in the committee must be updated immediately.

Transparency and Employee Awareness

• Regular workshops, seminars, and orientation programs should be conducted to familiarize employees with the IC and complaint procedures.
• Anonymous feedback mechanisms may help track employee trust and concerns.
• Publishing anonymized case outcomes in annual reports fosters credibility and transparency.

Empanelment of External Experts

• Employers should maintain a ready list of qualified external members affiliated with NGOs or legal bodies.
• Formal agreements or MoUs with these experts can ensure availability when required.
• Care should be taken to verify credentials, past involvement in gender justice work, and conflict of interest checks.

Conclusion

Importance of a Properly Constituted IC

A properly constituted Internal Committee is the backbone of the PoSH compliance mechanism. It ensures that sexual harassment complaints are handled with sensitivity, legality, and impartiality. Any lapse in its formation not only violates statutory obligations but also undermines the integrity of the workplace redressal process.

Ensuring a Safe and Compliant Workplace

To create truly safe workplaces, employers must view the constitution of the IC not as a legal burden, but as an opportunity to institutionalize fairness, gender justice, and employee trust. With robust policies, well-trained committee members, and an inclusive mindset, the IC can serve as an effective safeguard against workplace harassment and a pillar of organizational integrity.

Frequently Asked Questions (FAQs)

1. Is it mandatory for all organizations to constitute an Internal Committee (IC)?

Yes. As per Section 4 of the PoSH Act, 2013, any workplace with 10 or more employees—irrespective of the nature of business or type of employment—must constitute an IC.

2. What happens if an organization fails to constitute an IC?

Failure to constitute an IC attracts a penalty of up to ₹50,000 under Section 26. Repeat offenses may lead to cancellation of business licenses or loss of statutory benefits.

3. Can one IC handle complaints from multiple offices or branches?

No. The law requires a separate IC at each office or branch with 10 or more employees to ensure local accessibility and timely redressal.

4. Who can be appointed as the external member of the IC?

An external member must be affiliated with an NGO or organization working on women’s issues, or have expertise in sexual harassment laws. This ensures independence and objectivity in proceedings.

5. What is the minimum number of members in an Internal Committee?

The IC must have at least four members, including:

• One Presiding Officer (senior-level woman employee)
• At least two employee members
• One external member Additionally, at least 50% of the members must be women.

6. How long is the tenure of IC members?

All IC members, including the Presiding Officer and external member, serve a three-year term, as per Rule 3 of the PoSH Rules, 2013.

7. What qualifications are required for IC members?

While the Act lays down certain eligibility criteria, ideal IC members should have:

• Legal or social work experience
• Gender sensitivity
• Strong ethical and interpersonal skills
• Understanding of due process and confidentiality

8. Can the same external member serve on multiple ICs?

Yes, but only if they are available, competent, and not conflicted. Overloading one external member across multiple ICs may affect efficiency and compliance.

9. Can men be members of the IC?

Yes. The Act does not exclude men from IC membership, but women must constitute at least half of the total members, including the Presiding Officer.

10. Does the IC need to be reconstituted after every complaint or inquiry?

Not necessarily. The IC serves for a fixed tenure but must be reconstituted in case of:

• Completion of tenure
• Resignation, disqualification, or conflict of interest
• Organizational restructuring or legal non-compliance