IC’S ROLE IN POSH: WHAT EVERY MEMBER MUST KNOW

In today’s evolving workplace, ensuring dignity, safety, and equality is non-negotiable. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013- commonly known as the POSH Act, was instituted to uphold these values. The Act aims to prevent sexual harassment and to provide redressal mechanisms for women across diverse work settings, whether corporate offices, educational institutions, startups, or gig-based ecosystems.

At the heart of the Act lies the Internal Committee (IC), a mandatory, quasi-judicial body tasked with receiving, investigating, and resolving complaints of sexual harassment. Over a decade since its inception, effective POSH implementation remains critical, especially as organizations adopt hybrid work models and engage freelance or contract-based talent.

Understanding the Internal Committee’s Legal Mandate:

The IC is not a symbolic gesture—it is a statutory requirement for any workplace with 10 or more employees, regardless of the nature of employment. As per Section 4 of the POSH Act, every IC must be:

• Presided over by a senior woman employee

• Comprised of at least two members committed to gender justice or possessing legal/social work knowledge

• Include one external member from an NGO or with relevant experience in the field

Tenure: The committee must be reconstituted every three years.

Training: All members should undergo periodic training on inquiry procedures and applicable laws to ensure sensitive and legally sound handling of complaints.

Legal Responsibilities of the Internal Committee:
The POSH Act outlines specific procedural and ethical obligations for the IC:

Responsibility                                                                Timeframe / Notes

Acknowledge the Complaint Confidentially Within 3 working days

Initiate Inquiry Within 7 days of receipt

Conduct Inquiry Completed within 90 days

Submit Final Report Within 10 days of completing inquiry

Recommend Action Based on severity and evidence: From warnings to termination

Final Annual Report With Employer & District Officer, listing cases handled

Illustration: A marketing executive alleges inappropriate behaviour from a vendor during an office event. Even though the accused is not a direct employee, the IC must act, if the organization exercised control or oversight over the environment where the incident occurred. 

Key Legal Insight: Who is Covered Under POSH?

Per Section 2(f), “employee” includes:

• Regular staff

• Contractual workers

• Consultants

• Apprentices and interns

• Volunteers

• Any woman visiting or connected with the workplace in any capacity

Illustration: A freelance graphic designer regularly attending team meetings at a coworking space used by the company is considered under the purview of POSH if an incident occurs there.

HR Managers’ Role in POSH Compliance:

Though HR Managers do not participate in IC inquiries, they play a vital enabling role:

• Constituting and maintaining a legally compliant IC

• Publicising the POSH policy through handbooks, onboarding, and internal communications

• Setting up safe and anonymous complaint channels, e.g., secure emails, She-boxes, and POSH portal.

• Keeping thorough documentation of IC proceedings

• Filing Annual Reports to the District Officer

• Conducting mandatory awareness training for all employees.

Illustration: HR managers must ensure that onboarding materials for consultants or contract employees also contain the POSH policy, as compliance applies beyond permanent employees.

Best Practices for Internal Committee Members:

To fulfil their duty with integrity and efficiency, IC members must adopt the following best practices:

Function Best Practices

Constitution Gender-balanced, trained, and includes a qualified external expert

Inquiry Process Timely, Unbiased, and well-documented

Communication Absolute confidentiality; avoid discussions beyond formal settings

Documentation Maintain detailed records of complaints, evidence, and resolutions

Bias Management Recusal in case of conflict of interest or prior associations

POSH Compliance Checklist for HR and IC:

To ensure full legal and ethical compliance, refer to this actionable checklist:

• IC constituted as per Section 4

• POSH policy circulated to all (including freelancers and gig workers)

• Accessible complaint mechanisms are in place

• IC members are trained regularly

• Workshops held for employee awareness

• Annual Report filed with the District Officer

• Inquiry records are properly maintained

 Beyond Compliance:

POSH is not just a policy, it's a culture of accountability and respect. When implemented earnestly, it transforms workplaces into environments of trust, fairness, and dignity. Every Internal Committee has the power and duty to lead this transformation.

As emphasised in the Act's spirit: "A safe workplace is a fundamental right, not a privilege."

Let compliance be the floor, not the ceiling. Let respect be the standard, not the exception.

AUTHOR: Advocate Aprajita Vatsa

POSH Advisor & External Committee Member

Aprajita Vatsa is a full-time POSH Advisor at Silver Oak Health. She is committed to the cause of harassment-free workplaces. A registered advocate since 2020, with a B.A.LL.B from Savitribai Phule Pune University, she brings three years of legal expertise, specializing in POSH compliance, training, and intervention.