1. Introduction

In today's evolving workplace environments, ensuring a culture of safety, equality, and dignity is no longer a luxury but a necessity. Despite growing awareness and progressive policies, sexual harassment remains a persistent challenge across organizations, industries, and hierarchies. To address this, the Indian government enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly referred to as the PoSH Act.

At the heart of this legislation lies the Internal Committee (IC)—a mandated body responsible for handling complaints of sexual harassment within organizations. The IC is more than a statutory requirement; it represents an organizational commitment to safeguarding employee rights, fostering mutual respect, and enforcing accountability. Understanding how the IC operates, its legal underpinnings, and its procedures is essential for employers, HR professionals, and employees alike.

This article explores the internal committee’s structure, role, and working mechanisms under the PoSH framework, alongside real-world challenges and best practices.

2. Background and Legal Framework of PoSH

The PoSH Act, 2013 was enacted in response to the Vishaka Guidelines laid down by the Supreme Court of India in the landmark case Vishaka & Others v. State of Rajasthan (1997). In this case, the Court recognized the absence of a legal framework to address sexual harassment at the workplace and issued guidelines that functioned as law until the formal act was passed.

The Vishaka judgment defined sexual harassment broadly and emphasized the constitutional right of women to a safe working environment under Articles 14, 15, and 21 of the Indian Constitution. These guidelines mandated employers to prevent and redress instances of sexual harassment through institutional mechanisms.

Building on this foundation, the PoSH Act was introduced to:

• Prevent sexual harassment at the workplace.
• Prohibit inappropriate behavior through awareness and training.
• Provide a formal mechanism for redressal of complaints via the Internal Committee.

The Act applies to:

• All women employees, whether permanent, temporary, contractual, or interns.
• All workplaces in both organized and unorganized sectors.
• Public and private sector offices, government bodies, NGOs, educational institutions, hospitals, and more.

By making it mandatory for organizations with 10 or more employees to establish an IC, the Act enforces internal accountability and prompt resolution of grievances.

3. What is an Internal Committee (IC)?

The Internal Committee (IC) is a legally mandated body under the PoSH Act, designed to handle complaints of sexual harassment within an organization. It acts as the first level of redressal for women who experience any form of inappropriate behavior, discrimination, or intimidation of a sexual nature at the workplace.

The primary functions of the IC include:

• Receiving complaints of sexual harassment.
• Conducting inquiries in accordance with the principles of natural justice.
• Recommending suitable action based on the outcome of the inquiry.
• Assisting the employer in implementing preventive measures and spreading awareness.

The IC is vested with quasi-judicial powers, meaning it can summon individuals, examine evidence, and make findings. However, it does not function as a court of law. Its findings are submitted to the employer, who is then responsible for acting upon its recommendations.

Importantly, the IC is designed to ensure that the complaint process is confidential, unbiased, time-bound, and sensitive to the needs of the aggrieved woman.

4. Composition of the Internal Committee

The effectiveness of the Internal Committee (IC) largely depends on its composition. A balanced, sensitive, and well-trained committee ensures impartial handling of complaints while maintaining the principles of natural justice. The PoSH Act lays down specific requirements regarding the number, gender, and designation of IC members to ensure credibility and competence.

4.1 Mandatory Requirements

As per Section 4 of the PoSH Act, 2013, every workplace with ten or more employees is required to constitute an Internal Committee. The IC must be constituted at every administrative unit, office, or branch of an organization.

The mandatory composition of the IC includes:

• Presiding Officer (Chairperson): A senior-level woman employee must be nominated as the Presiding Officer of the committee. This ensures leadership by someone who holds a position of authority and can influence decision-making.
• At least two employee members: These must be employees who are preferably committed to the cause of women or have experience in social work or legal knowledge. This ensures that the committee includes individuals who are empathetic and well-informed.
• One external member: This must be from an NGO, association committed to women's rights, or someone with legal knowledge or experience in dealing with cases of sexual harassment. The external member adds neutrality and objectivity to the proceedings.
• Gender Representation: At least half of the members of the IC must be women, including the Presiding Officer.

Failure to constitute the IC in accordance with the PoSH Act can lead to penalties for non-compliance, including a fine of up to ₹50,000 and other legal consequences.

4.2 Role of External Member

The external member is crucial for ensuring independence, impartiality, and expertise in the functioning of the Internal Committee. Their role includes:

• Providing an unbiased perspective, especially in cases involving power dynamics within the organization.
• Offering guidance on legal, social, and procedural aspects of sexual harassment cases.
• Helping ensure transparency and fairness throughout the inquiry process.
• Acting as a safeguard against internal collusion or favoritism.

It is important for the external member to have prior experience in women’s rights advocacy, legal matters, or HR/organizational behavior. The presence of a well-qualified external member often instills confidence among employees in the redressal process.

4.3 Term and Disqualification of Members

• Tenure: Members of the Internal Committee, including the Presiding Officer and external member, hold office for a term not exceeding three years from the date of their nomination.
• Disqualification: A member is disqualified from being part of the IC if:
  • They have been convicted of an offence or an inquiry is pending against them.
  • They have been found guilty in disciplinary proceedings.
  • They have abused their position and continued presence is likely to prejudice the IC’s inquiry.

Maintaining integrity, professionalism, and empathy among members is key to the IC’s credibility.

5. Jurisdiction of the Internal Committee

Jurisdiction refers to the scope within which the Internal Committee is empowered to function. It defines who can approach the IC, under what circumstances, and regarding which types of complaints.

5.1 Who Can File a Complaint

The PoSH Act provides protection to any woman who is subjected to sexual harassment at the workplace. The Act covers a broad category of individuals, including:

• Full-time, part-time, temporary, ad hoc, or daily wage employees.
• Interns and trainees.
• Contractual workers, consultants, and freelancers.
• Volunteers and visitors, if the incident occurred at the workplace.
• Domestic workers (though addressed under a slightly different mechanism).

Complaints can be filed by the aggrieved woman herself or, in certain circumstances, by:

• Her legal heir or relative.
• A colleague or another person who is aware of the incident.
• A member of the IC who comes to know of the incident, especially if the woman is unable to file the complaint due to physical or mental incapacity.

5.2 Where the Complaint Can Be Filed

A complaint can be filed with the IC if the alleged incident:

• Occurred at the workplace, which includes not only the office premises but also extended workspaces such as:
  • Offsite locations.
  • Transport provided by the employer.
  • Social or official events organized by the employer.
  • Any place where the employee is present due to work obligations.
• Involves a co-worker, manager, client, vendor, or any person encountered in a work-related context.

In cases where the workplace has fewer than 10 employees, or if the complaint is against the employer himself, the woman can file her complaint with the Local Committee (LC) constituted by the district administration.

6. Functions and Powers of the Internal Committee

The Internal Committee (IC) plays a pivotal role in both preventing and addressing incidents of sexual harassment at the workplace. Its responsibilities are both proactive—aimed at prevention—and reactive—focused on the redressal of complaints.

Core Functions of the IC:

1. Receiving Complaints:
   The IC is responsible for accepting formal complaints from aggrieved women. This includes verifying if the complaint falls within its jurisdiction and adhering to the confidentiality clauses mandated by law.
2. Conducting an Inquiry:
   Upon receipt of a complaint, the IC must conduct a thorough, impartial, and time-bound inquiry, following the principles of natural justice. This includes summoning parties, examining evidence, and recording statements.
3. Recommending Disciplinary Actions:
   After completing the inquiry, the IC submits its findings and recommendations to the employer, which may include penalties such as warnings, suspensions, terminations, or financial compensation.
4. Advising the Employer on Preventive Measures:
   The IC helps in formulating and revising workplace policies related to sexual harassment, organizes awareness sessions, and suggests training programs to create a gender-sensitive environment.
5. Maintaining Confidentiality:
   The IC must ensure confidentiality throughout the complaint handling process, including protection of the identities of the complainant, respondent, and witnesses.
6. Providing Interim Relief:
   If needed, the IC can recommend interim measures such as transferring either party, granting leave to the aggrieved woman, or modifying reporting lines during the inquiry.

Legal Powers Granted to the IC:

• The IC has the same powers as a civil court under the Code of Civil Procedure, 1908 for:
  • Summoning and enforcing the attendance of any person.
  • Requiring the discovery and production of documents.
  • Recording evidence on oath.

These powers are designed to equip the IC with legal authority to conduct a fair and effective inquiry.

7. Procedure for Filing Complaints

The PoSH Act lays down a clear and structured process for filing complaints, with the aim of ensuring accessibility and protection for the aggrieved woman. It also provides procedural flexibility for cases where the complainant is unable to file the complaint directly.

7.1 Timeline and Format

Timeline:

• A woman must file her complaint within 3 months from the date of the incident.
• In case of a series of incidents, the complaint must be filed within 3 months from the date of the last incident.
• The IC may extend this time limit by an additional 3 months, if it is satisfied that the delay was due to sufficient cause (e.g., trauma, fear, health issues).

Format of Complaint:

• The complaint must be in writing.
• It should contain:
  • Details of the incident(s) (date, place, nature of behavior).
  • Names of the alleged harasser(s).
  • Names of witnesses, if any.
  • Supporting evidence, if available (texts, emails, photos, CCTV footage, etc.).
• If the woman is unable to write the complaint, the IC is required to assist her in documenting it.

In cases where the woman is:

• Physically incapacitated,
• Mentally ill,
• Legally incapacitated,
• Or deceased,

The complaint can be made by:

• Her relative,
• Friend,
• Co-worker,
• Officer of the National or State Commission for Women,
• Or anyone with knowledge of the incident.

7.2 Assistance for the Aggrieved Woman

Understanding the emotional and psychological impact of sexual harassment, the PoSH Act mandates supportive provisions to assist the aggrieved woman in accessing justice:

1. Help in Drafting the Complaint:
   The IC is legally obligated to provide writing assistance if the complainant is unable to draft the complaint herself.
2. Language Support:
   If the woman is not fluent in the organization’s primary language, the IC should help translate or interpret the complaint appropriately.
3. Guidance on Rights:
   The IC should inform the complainant of her legal rights and available remedies, including the option to file a criminal complaint under Section 509 or Section 354 of the Indian Penal Code (IPC), if applicable.
4. Psychological Support:
   Many organizations offer access to counselors or Employee Assistance Programs (EAPs) to help survivors deal with the trauma.
5. No Retaliation Clause:
   The IC and employer must ensure that the complainant does not face retaliation, demotion, or discrimination for reporting the incident.
6. Interim Relief Measures:
   The IC may recommend temporary relief such as:
   • Leave for the complainant (up to 3 months, in addition to regular leave).
   • Transfer of either party.
   • Temporary change in reporting structure.

These support systems ensure that the aggrieved woman is not deterred from seeking justice due to fear, stigma, or procedural barriers.

8. Inquiry Process by the Internal Committee

Once a complaint is received, the Internal Committee (IC) is responsible for initiating and carrying out an impartial, time-bound inquiry. This process must respect the dignity and rights of all parties involved while ensuring a fair opportunity to present evidence and defend against allegations.

8.1 Initial Steps

After receiving a complaint, the IC undertakes the following preliminary actions:

• Acknowledgement of Complaint:
  The IC sends a formal acknowledgment to the complainant, confirming receipt of the complaint.
• Preliminary Scrutiny:
  The IC examines whether the complaint falls within its jurisdiction and adheres to the prescribed timeline. If the complaint is invalid or outside the scope of the Act (e.g., against a non-employee or unrelated to workplace conduct), it may be rejected at this stage, with reasons recorded.
• Copy to the Respondent:
  A copy of the written complaint is sent to the respondent (alleged harasser), who is required to submit a written reply within 10 days, along with supporting documents and a list of witnesses, if any.
• Scheduling Hearings:
  The IC sets dates for personal hearings of both parties and begins planning the formal inquiry

8.2 Conducting the Inquiry

The inquiry is quasi-judicial in nature and must be handled with sensitivity, confidentiality, and fairness.

Key Steps:

• Personal Hearings:
  The IC interviews the complainant, respondent, and witnesses independently, allowing each party to present their case and submit evidence.
• Evidence Gathering:
  This may include emails, messages, CCTV footage, internal documents, or any other relevant records.
• Cross-examination:
  While not a courtroom procedure, both parties are generally given the opportunity to respond to each other's statements, ensuring balanced representation.
• Recording Proceedings:
  Minutes of each meeting and deposition are recorded in writing and signed by the concerned individuals to maintain authenticity and procedural transparency.
• Confidentiality:
  All proceedings are strictly confidential. Disclosure of identities or details of the case can lead to disciplinary action or fines under the PoSH Act.

8.3 Time Frame for Completion

The PoSH Act mandates that the entire inquiry process must be completed in a time-bound manner:

• Inquiry Completion:
  The IC must complete its inquiry within 90 days from the receipt of the complaint.
• Submission of Report:
  Within 10 days of completing the inquiry, the IC must submit its report with findings and recommendations to the employer and both parties.
• Employer’s Action:
  The employer must act on the IC’s recommendations within 60 days of receiving the report.

Timely action ensures justice and reduces prolonged stress on the parties involved.

8.4 Principles of Natural Justice

The IC must adhere to the principles of natural justice, which form the bedrock of any fair inquiry process. These include:

• Audi Alteram Partem (Hear the Other Side):
  Both the complainant and the respondent must be given a fair opportunity to present their case, provide evidence, and rebut allegations.
• Nemo Judex in Causa Sua (No One Should Be a Judge in Their Own Case):
  IC members must be unbiased and recuse themselves if there is any conflict of interest.
• Right to Representation:
  While legal representation is not mandatory, both parties can be accompanied by a colleague or support person, subject to the IC’s discretion.
• Right to Know the Evidence:
  Each party must be informed of the evidence presented against them and be given the opportunity to respond.
• Confidentiality and Respect:
  The inquiry must be conducted in a respectful and confidential environment to protect the dignity of both parties.

9. Recommendations and Actions Post-Inquiry

After the inquiry is completed, the IC must offer specific recommendations based on whether the complaint has been substantiated or not. These recommendations guide the employer in taking corrective and preventive action.

9.1 Types of Recommendations

Based on the findings, the IC can make one of two decisions:

• If the Allegation is Proven:
  • Disciplinary action against the respondent (e.g., warning, censure, suspension, termination).
  • Deduction from salary or payment of compensation to the complainant.
  • Mandatory counselling or sensitization sessions for the respondent.
  • Changes in workplace policies or transfer of the respondent.
• If the Allegation is Not Proven:
  • Closure of the case with reasons recorded in writing.
  • Recommendation for restoration of normalcy at the workplace to ensure the complainant does not face discrimination.

False Complaints:
If the complaint is found to be malicious or deliberately false (which is rare and must be proven), the IC may recommend suitable disciplinary action against the complainant. However, mere inability to prove allegations does not imply mala fide intent.

9.2 Implementation by Employer

The employer is legally bound to implement the IC’s recommendations within 60 days of receiving the final report. Failure to do so is treated as a violation of the PoSH Act, attracting fines and possible cancellation of business licenses for repeat offenses.

The implementation process includes:

• Issuance of disciplinary orders.
• Making compensation payments, if recommended.
• Amending workplace policies or procedures.
• Ensuring the complainant does not suffer retaliation or discrimination.

The IC should also follow up, where necessary, to confirm that its recommendations have been effectively enforced.

9.3 Appeal Mechanism

Both the complainant and the respondent have the right to appeal against the findings or recommendations of the IC.

Appeal Options:

• The appeal must be filed within 90 days from the date of the recommendation.
• Appeals can be made to the appropriate court or tribunal as prescribed under the Industrial Employment (Standing Orders) Act, 1946, or other applicable service rules.

The appellate authority may:

• Uphold the IC’s decision.
• Modify the recommended action.
• Call for a fresh inquiry in exceptional cases.

This mechanism ensures that both parties have recourse to a higher authority if they feel the inquiry was flawed or unjust.

10. Confidentiality Clause Under the PoSH Act

One of the cornerstone principles of the PoSH Act, 2013 is confidentiality—aimed at protecting the privacy and dignity of the individuals involved in a sexual harassment complaint. Section 16 of the Act explicitly prohibits the publication or disclosure of the contents of the complaint, identity of the complainant and respondent, witnesses, and any information relating to the inquiry proceedings or recommendations.

Scope of Confidentiality:

• Prohibited Disclosures:
  • Name and identity of the complainant or respondent.
  • Details of the complaint or allegations.
  • Evidence, documents, and witness testimonies.
  • Proceedings of the IC inquiry.
  • Recommendations and action taken by the employer.
• Permitted Disclosure:
  Disclosure is only allowed under:
  • Written consent of the complainant.
  • Legal obligations such as reporting under a court order or statutory directive.
  • Internal reporting for administrative needs (without disclosing identities).

Penalty for Breach:

Any breach of confidentiality by IC members, parties involved, witnesses, or the employer may result in:

• A penalty of ₹5,000.
• Repeated breaches can attract higher penalties and may lead to cancellation of registration or business license.

Maintaining strict confidentiality is essential not only for ensuring a fair process but also for safeguarding the mental well-being and career prospects of the complainant.

11. Duties of the Employer

Employers hold a pivotal role in the successful implementation of the PoSH Act. It is their responsibility to create a safe, inclusive, and respectful work environment where incidents of sexual harassment are actively prevented and addressed with seriousness.

Statutory Duties Under the PoSH Act:

1. Constitution of the Internal Committee:
   • Employers with 10 or more employees are mandated to constitute an Internal Committee at every branch or office.
2. Policy Implementation:
   • Formulate and publicize a sexual harassment policy that clearly outlines what constitutes misconduct and the complaint mechanism.
3. Display of Information:
   • Prominently display at the workplace:
     • Contact details of IC members.
     • Consequences of sexual harassment.
     • The rights of employees under the Act.
4. Organize Awareness Programs:
   • Conduct regular workshops and training sessions for employees and IC members to sensitize them about the Act and acceptable workplace conduct.
5. Support the IC:
   • Provide necessary resources, access to documents, and administrative assistance to the IC.
   • Ensure the implementation of IC recommendations, including interim relief.
6. File Annual Reports:
   • Submit an annual report to the District Officer containing the number of complaints received, disposed, pending, and actions taken.
7. Prevent Retaliation:
   • Ensure the complainant, witnesses, or IC members do not suffer professional or personal retaliation due to their involvement in a case.

An employer’s failure to comply with these duties may result in monetary fines and affect their business license and reputation.

12. Challenges in the Functioning of IC

While the Internal Committee mechanism is robust in theory, its effective implementation often faces significant real-world obstacles. These challenges can compromise the IC’s ability to provide justice and build a harassment-free workplace.

12.1 Bias and Power Dynamics

One of the most pressing challenges is bias—both conscious and unconscious—that may exist within committee members. When the IC is composed of senior management, there may be:

• Conflict of Interest:
  IC members may have personal or professional relationships with the parties involved, leading to partiality.
• Power Imbalance:
  Fear of reprisal or career sabotage can deter complainants from speaking against powerful individuals, especially if they are in leadership roles.
• Gender Imbalance:
  In some organizations, insufficient representation of women or lack of diverse perspectives can result in insensitive handling of complaints.

To mitigate this, it is essential to have external and independent members who bring impartiality and balance.

12.2 Lack of Awareness and Training

Many employees and even IC members lack adequate knowledge about the PoSH Act, its provisions, and their rights and responsibilities. This leads to:

• Underreporting:
  Victims may not be aware of what qualifies as harassment or how to report it.
• Improper Handling:
  IC members may not follow due process, inadvertently violating the principles of natural justice or the confidentiality clause.
• Poor Record-Keeping:
  In the absence of trained personnel, documentation and evidence handling may be flawed or legally insufficient.

Continuous capacity building through periodic training and external expertise is crucial to ensuring compliance and fairness.

12.3 Inadequate Implementation

Despite the legal mandate, implementation of the PoSH Act remains inconsistent, especially in unorganized sectors and smaller firms. Common issues include:

• Non-formation of IC:
  Many establishments do not constitute an IC, especially in regional branches or informal setups.
• Non-compliance with Timelines:
  Inquiry proceedings are often delayed, and recommendations may not be acted upon promptly.
• Lack of Monitoring and Auditing:
  There is minimal follow-up by external regulatory bodies, allowing organizations to sidestep legal obligations.
• Tokenism:
  Some companies treat PoSH compliance as a checkbox exercise, rather than embedding it into their organizational culture.

Addressing these gaps requires stronger enforcement, regular audits by district officers, and making PoSH a part of organizational governance frameworks.

13. Best Practices for Effective IC Functioning

To ensure that the Internal Committee (IC) performs effectively and achieves its objectives under the PoSH Act, certain best practices should be followed. These practices help improve the committee’s efficiency, impartiality, and credibility in managing sexual harassment complaints.

13.1 Training and Capacity Building

Continuous training and capacity building are fundamental to ensuring that the IC and employees are well-equipped to handle complaints of sexual harassment effectively.

• Regular Workshops for IC Members:
  IC members should undergo regular training to stay updated on legal provisions, their roles, and how to conduct fair inquiries. This includes learning about the PoSH Act, understanding the nuances of sexual harassment, and receiving guidance on sensitivity training.
• Employee Awareness Programs:
  Employers should organize regular sensitization workshops for all employees, informing them about what constitutes sexual harassment, how to report it, and the role of the IC in ensuring a safe work environment.
• Skill Enhancement:
  IC members should receive training in conflict resolution, mediation techniques, and legal documentation, ensuring they can manage cases with professionalism and empathy.
• External Experts and Legal Advisors:
  It’s beneficial to invite external experts to train IC members, especially in complex matters. Involving legal advisors ensures compliance with all applicable laws, improving the overall quality of the inquiry process.

13.2 Neutral and Diverse Representation

The composition of the IC plays a crucial role in its functioning, and diversity and neutrality are key factors to maintain fairness and transparency.

• Gender Diversity:
  Ensuring that the IC is gender-diverse (with both men and women members) helps create a balanced environment for all parties involved. Gender sensitivity is essential in managing sexual harassment cases.
• External Member’s Role:
  The presence of an external member (typically from an NGO or legal profession) ensures impartiality and brings in an external perspective, preventing any internal biases from influencing the inquiry. The external member can also bring expertise in handling sensitive cases.
• No Conflict of Interest:
  To avoid conflicts of interest, IC members should not have any personal or professional relationships with the complainant or respondent. Recusal policies should be enforced to maintain integrity in the process.

13.3 Transparent Yet Confidential Procedures

Maintaining transparency and confidentiality is a delicate balance. Transparency ensures accountability, while confidentiality protects the privacy of the involved parties.

• Clear Procedures and Timelines:
  The organization should have a clearly defined, publicly accessible procedure that outlines the steps involved in filing and investigating complaints. Employees must be made aware of the procedure at the time of hiring and periodically thereafter.
• Confidential Handling of Information:
  All information about complaints, witnesses, and proceedings must be kept confidential to protect the dignity of both the complainant and the respondent. Breaches of confidentiality should have strict consequences.
• Regular Monitoring and Reporting:
  The employer must submit annual reports to the District Officer about the functioning of the IC, including the number of complaints received, actions taken, and the outcomes of the inquiries. This transparency ensures accountability while protecting individual identities.

14. Landmark Judgments and Case Studies

In the evolution of sexual harassment laws in India, several landmark judgments and case studies have significantly impacted the interpretation and implementation of the PoSH Act. These judgments clarify the legal position and provide guidance for future cases.

Landmark Judgments

1. Vishaka vs. State of Rajasthan (1997):
   This is the pivotal case that led to the establishment of guidelines to prevent sexual harassment at the workplace. Before the PoSH Act, the Vishaka guidelines were used by the judiciary to address workplace harassment, which were later incorporated into the legal framework of the PoSH Act. The case set a precedent for employer responsibility in preventing harassment.
2. Medha Kotwal Lele vs. Union of India (2012):
   This case emphasized the need for gender-sensitive procedures in handling complaints of sexual harassment and required organizations to appoint an external member in the IC to ensure impartiality.
3. Rochan Patney vs. NASSCOM (2018):
   The judgment reaffirmed the employer's responsibility to implement the provisions of the PoSH Act and to take prompt action upon receiving complaints. It emphasized that mere compliance with procedural requirements is not enough, and employers must take preventive measures seriously.
4. Bihar State Government vs. The Indian National Trade Union Congress (2018):
   This case expanded the definition of workplace to include both formal and informal employment, ensuring that workers across various sectors receive protection under the PoSH Act.

Case Studies

1. Case Study 1: Corporate Sector – Large MNC
   • An employee of a multinational company (MNC) reported a sexual harassment incident against her superior. The IC, composed of diverse members, conducted a timely investigation, ensuring confidentiality. The respondent was found guilty, and the company took immediate disciplinary action, including suspension and mandatory counselling.
2. Case Study 2: Educational Institution – University
   • A female student filed a complaint against a faculty member for harassment. The university’s IC, which had an external member from a women’s rights NGO, ensured the investigation followed all legal guidelines. Despite resistance from the faculty members, the case was handled impartially, and the accused was removed from the position after the inquiry.

15. Role of IC in Creating a Safe Workplace Culture

The Internal Committee (IC) plays a central role in fostering a safe, respectful, and inclusive work environment. Its responsibilities extend beyond merely resolving complaints—it also contributes to shaping a positive organizational culture that discourages harassment and encourages respect among employees.

Preventive Measures:

• Sensitization Programs:
  ICs can lead or support programs to educate employees on gender equality, harassment prevention, and appropriate workplace conduct.
• Promoting Gender Equality:
  Through its actions, the IC helps shift organizational attitudes toward gender equality, emphasizing that harassment in any form will not be tolerated.
• Zero Tolerance Policy:
  A strong, well-publicized zero-tolerance policy for harassment sends a clear message to employees that the organization values respect and safety over all else.

Corrective Actions:

• Swift Action Against Offenders:
  By taking prompt action against perpetrators of sexual harassment, the IC not only provides justice to the complainant but also signals to the entire organization that harassment will lead to serious consequences.
• Restorative Measures:
  The IC can also encourage restorative measures such as counselling for the complainant and the respondent, facilitating healing and helping the individual offenders understand the impact of their behavior.

Cultural Shift:

• Creating Awareness:
  The IC’s role in raising awareness about sexual harassment and harassment-free workplaces contributes to a cultural shift where employees feel safe to speak out without fear of retribution.
• Leadership and Commitment:
  A strong, active IC shows the organization’s commitment to ethical standards, setting an example for employees at all levels to follow.

16. Amendments and Evolving Interpretations

Since its inception, the Prevention of Sexual Harassment (PoSH) Act has undergone amendments and faced evolving judicial interpretations, adapting to contemporary issues, new work environments, and emerging societal concerns.

Amendments to the PoSH Act

1. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Amendment Act, 2013:
   This amendment, which introduced the PoSH Act, provided a much-needed legal framework to address workplace harassment. It established clear procedures for complaint filing, inquiry, and the responsibilities of employers and the Internal Committee (IC).
2. The 2019 Amendments (Jan Vishwas Amendment Act):
   • Increased Employer Responsibility:
     The amendment has expanded the scope of the PoSH Act to include more than just corporate workplaces, addressing sectors like domestic workers, contractors, and gig economy workers.
   • Strengthened Guidelines for IC Composition:
     The amendment reinforced the role of external members within the IC, emphasizing the need for diversity and expertise in the inquiry process.
   • Increased Focus on Vulnerable Employees:
     This amendment highlights the protection of employees in informal or unorganized sectors, ensuring that they are not left behind by the legal framework.
3. Interpretations by Judiciary:
   Over the years, various court judgments have interpreted the PoSH Act, leading to the evolution of its application:
   • Vishaka Guidelines were the precursor to the PoSH Act and clarified the duties of employers in preventing workplace harassment. These guidelines were developed by the Supreme Court of India in 1997 in response to a public interest litigation and served as a model for the legislation that followed.
   • Role of External Member:
     The judiciary’s consistent rulings have reinforced the mandatory role of external members in ICs to ensure impartiality, especially in cases where the respondent is in a senior position.
   • Scope of "Workplace":
     The definition of "workplace" has evolved, as seen in cases like Bihar State Government vs. The Indian National Trade Union Congress (2018), which clarified that the PoSH Act applies not only to traditional offices but also to remote workspaces, educational institutions, and even the informal economy.

17. Comparative Insight: IC vs. Local Committee (LC)

While both the Internal Committee (IC) and Local Committee (LC) are key mechanisms under the PoSH Act, they serve different purposes and are designed to handle complaints of sexual harassment in different contexts. Understanding the differences between the two is crucial for proper implementation.

Internal Committee (IC)

The Internal Committee is a workplace-specific committee created by employers to address sexual harassment complaints within the organization. Here are some defining features:

• Formation:
  The IC is formed within each organization with more than 10 employees. The employer is responsible for constituting the committee and ensuring that it functions effectively.
• Composition:
  The IC comprises the employer (or an appointed representative), a senior woman employee, a third-party external member with expertise in handling harassment cases, and others as necessary.
• Scope:
  The IC handles complaints of sexual harassment that arise within the workplace, such as employee-to-employee harassment, issues involving senior management, or incidents that occur during work-related events or travel.
• Authority:
  The IC has the authority to inquire into complaints and recommend actions, including disciplinary measures against the respondent, and support for the complainant.

Local Committee (LC)

The Local Committee (LC) is a statutory body set up at the district level, specifically to handle complaints from employees working in organizations with fewer than 10 employees, or those from unorganized sectors.

• Formation:
  The District Officer is responsible for setting up the LC. It serves areas where an Internal Committee is either non-existent or not practical (e.g., small businesses or remote locations).
• Composition:
  • A Chairperson, typically a woman, who is familiar with issues of sexual harassment.
  • Two members from NGOs that work on women's issues.
  • One government official to ensure transparency and governance.
• Scope:
  The LC caters to employees in sectors that do not have an IC, or employees working in smaller establishments, ensuring that the Act is still enforced in those contexts.
• Authority:
  The LC has similar powers to an IC, including the authority to recommend actions following an inquiry. It can intervene even in cases where the complainant is from the unorganized sector or other vulnerable groups.

Key Differences:

18. Role of IC in the Digital and Remote Work Era

The rise of digital tools, remote workspaces, and hybrid work models has transformed the work environment significantly, and the Internal Committee (IC) must adapt to these new dynamics. Addressing sexual harassment in virtual or remote work settings presents a unique set of challenges and opportunities.

Challenges in the Digital and Remote Work Era:

1. Virtual Harassment:
   With remote work, sexual harassment can now happen via digital platforms such as emails, messaging apps, and video conferences. The line between professional and personal spaces has blurred, making it harder to detect and address inappropriate behavior.
2. Lack of Physical Presence:
   In the absence of physical proximity, employees may feel less inclined to report incidents, fearing the lack of physical evidence or witnesses. The emotional impact of digital harassment might also be underestimated.
3. Data Privacy Issues:
   In remote settings, where employees may use personal devices, ensuring the confidentiality of complaints, digital evidence, and communications can become more complex.

IC’s Role in the Digital and Remote Work Era:

1. Redefining Workplace Boundaries:
   The IC must ensure that the definition of “workplace” includes virtual and hybrid spaces. Remote workers must be educated about digital harassment and its repercussions, and they must know how to report incidents through clear, accessible digital channels.
2. Creating Digital Harassment Policies:
   Employers and ICs should establish comprehensive digital harassment policies outlining what constitutes inappropriate behavior in virtual workspaces, as well as the tools and resources available to employees to report such incidents.
3. Training for Remote Employees:
   IC members and employees must receive training on how to identify and deal with digital harassment. This includes recognizing inappropriate language, unsolicited messages, or problematic behaviors in virtual meetings.
4. Encouraging Safe Communication:
   Digital platforms should allow for safe, confidential, and easy communication channels for complaints. Employers must ensure that remote employees have secure methods of reporting harassment without the fear of retaliation.
5. Adapting Inquiry Procedures for Remote Work:
   The IC should incorporate remote inquiry mechanisms, such as virtual hearings or digital evidence collection, to ensure that complaints are addressed effectively and timely, even in a virtual environment.

Conclusion

The Prevention of Sexual Harassment (PoSH) Act and the Internal Committee (IC) play pivotal roles in ensuring a safe and respectful work environment, free from harassment and discrimination. Over the years, both the legal framework and its implementation have evolved to address the challenges posed by changing societal dynamics, technological advancements, and new work structures.

Key Takeaways:

• Legal Framework: The PoSH Act provides a comprehensive mechanism for addressing sexual harassment, emphasizing preventive measures, procedural fairness, and protection of employees. Its provisions are crucial in guiding workplaces to foster a culture of respect, dignity, and safety.
• Internal Committee (IC): The IC serves as the core body responsible for handling complaints of sexual harassment. Composed of diverse members, including external experts, the IC ensures impartiality and transparency in the inquiry process, offering support to victims and recommending appropriate actions against perpetrators.
• Best Practices: For effective functioning, ICs should prioritize training, capacity building, and the inclusion of neutral and diverse representation. Transparency, confidentiality, and a victim-centric approach are crucial in maintaining credibility and ensuring the integrity of the process.
• Challenges and Evolving Landscape: The journey of addressing sexual harassment at the workplace is not without its challenges. The complexities of remote and digital workspaces, combined with the evolving interpretations of the law and the need for continuous awareness and adaptation, require that organizations and ICs remain agile and proactive.
• Role of IC in Changing Work Environments: As workplaces continue to evolve, especially with the rise of digital and remote work, the IC must adapt to new challenges, including handling digital harassment and ensuring a safe work environment regardless of the physical location. This requires the introduction of digital harassment policies, training, and secure reporting mechanisms.

Final Thoughts:

The establishment of an Internal Committee under the PoSH Act is not just about legal compliance; it is about creating a culture of mutual respect, safety, and accountability within the workplace. While challenges remain, especially in the context of new work environments and evolving interpretations, the fundamental purpose of the IC is clear: to provide a safe space for individuals to report grievances without fear of retaliation and to ensure that the process is handled fairly and sensitively.

By embracing best practices, adapting to new trends, and upholding the values of fairness and transparency, organizations can significantly contribute to the creation of a safe and respectful workplace culture that benefits all employees, enhances productivity, and fosters trust in the organization’s leadership.

Frequently Asked Questions (FAQ) on Internal Committee (IC) under PoSH

1. What is the PoSH Act?

The Prevention of Sexual Harassment (PoSH) Act is a law enacted in India to address and prevent sexual harassment at the workplace. It mandates the establishment of an Internal Committee (IC) in organizations with more than 10 employees to handle complaints related to sexual harassment.

2. What is the role of the Internal Committee (IC)?

The Internal Committee (IC) is responsible for receiving, inquiring, and resolving complaints of sexual harassment at the workplace. It ensures the fair, impartial, and confidential handling of complaints, with the goal of providing a safe and harassment-free work environment.

3. Who can file a complaint with the IC?

Any employee, whether permanent, temporary, or contractual, who feels they have been sexually harassed, can file a complaint with the Internal Committee. In cases where the complainant is from the unorganized sector or has special vulnerabilities, the Local Committee (LC) might also be an option.

4. What are the mandatory requirements for an Internal Committee?

An Internal Committee must consist of:

• A senior woman employee to head the committee.
• An external member, typically from an NGO or an individual with experience in handling harassment issues.
• At least half of the members must be women.
  The employer is responsible for ensuring that the IC is properly constituted and functions effectively.

5. How does the inquiry process work?

The inquiry process involves the following steps:

1. Complaint Filing: The aggrieved woman files a written complaint to the IC.
2. Inquiry: The IC conducts an inquiry to determine whether sexual harassment occurred, gathering evidence and hearing both the complainant and respondent.
3. Recommendations: After the inquiry, the IC recommends appropriate actions, such as disciplinary measures against the perpetrator or support for the complainant.

The entire inquiry process must be completed within 90 days.

6. What happens if the accused is found guilty?

If the Internal Committee finds the respondent guilty, it may recommend disciplinary action, including:

• A warning, counseling, or suspension.
• Termination of the respondent’s employment in serious cases.
• In some cases, the employer may also be required to compensate the complainant for any damages caused due to the harassment.

7. Can the complainant appeal the IC's decision?

Yes, if the complainant is dissatisfied with the IC’s recommendations or findings, they can appeal to the Appellate Authority within 90 days from the date of the decision.

8. How does confidentiality work during the inquiry?

Confidentiality is a key aspect of the process. The IC is required to maintain the confidentiality of the complainant, the respondent, and the details of the case throughout the inquiry process. This ensures that individuals feel safe to report harassment without fear of public exposure or retaliation.

9. What if the employer fails to constitute an Internal Committee?

If an employer fails to set up an Internal Committee (IC) or Local Committee (LC), they can face penalties under the PoSH Act, which may include fines or other legal consequences. Additionally, the absence of an IC limits the ability of employees to have their harassment complaints addressed within the organization.

10. Can IC handle complaints related to both sexual harassment and other forms of discrimination?

The Internal Committee specifically addresses complaints related to sexual harassment in the workplace. However, other forms of workplace discrimination, such as racial or gender discrimination, may fall under different grievance redressal mechanisms in the organization.

11. Can a third-party member in the IC be biased?

The third-party external member is meant to ensure neutrality and impartiality in the inquiry process. However, to prevent any possible bias, it is crucial that external members are chosen based on their expertise in handling sexual harassment issues and are given the proper training to carry out their roles effectively.

12. What are the penalties for not following the PoSH Act?

Employers who fail to implement the PoSH Act, including not setting up an IC, not conducting inquiries, or retaliating against complainants, may be subject to fines. Penalties can range from ₹50,000 for first-time offenders to higher fines and even suspension of business activities for repeat offenders.

13. How can organizations ensure the effectiveness of the Internal Committee?

Organizations can enhance the effectiveness of the IC by:

• Providing proper training for all committee members.
• Ensuring diverse and neutral representation in the committee.
• Creating a clear communication strategy for employees to report harassment.
• Regularly reviewing and updating the policies and procedures for handling complaints.

14. Does the PoSH Act apply to remote or hybrid workplaces?

Yes, the PoSH Act applies to all forms of workplace harassment, including in remote or hybrid work environments. Employers must ensure that digital harassment is also addressed and have systems in place to handle complaints arising from virtual spaces.

15. How does the IC support the complainant during the inquiry process?

The Internal Committee provides support to the complainant by ensuring confidentiality, providing assistance in filing complaints, and offering counseling services. In cases where the complainant needs time off due to the harassment, the IC can recommend leave or a temporary transfer.