Understanding the Roles and Responsibilities of the Internal Committee Under the PoSH Act

Introduction

A workplace should be a space where every individual feels safe, valued, and respected. For women in particular, legal protection against sexual harassment is not just desirable, it is a right. In India, this right is safeguarded through the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 – more commonly known as the PoSH Act

Central to this legislation is the Internal Committee (IC), a body created within every eligible organisation to handle complaints of sexual harassment. While often viewed as a complaint-handling unit, the IC’s function goes well beyond redressal. It plays a critical role in fostering a respectful workplace culture, ensuring
accountability, and guiding the employer in maintaining legal compliance. This article outlines the legal and practical responsibilities of the Internal Committee and why its role is more important than ever.

Formation of the Internal Committee: A Legal Requirement

Section 4 of the PoSH Act mandates every workplace with 10 or more employees to establish an Internal Committee. The committee must consist of:

• A senior woman employee who serves as the Presiding Officer;
• At least two employee members with exposure to social issues, law, or gender sensitivity;
• One external member associated with NGOs or organisations working on women’s rights or related causes.

The IC’s structure is designed to ensure impartiality, diversity, and expertise while addressing sensitive complaints.

Core Responsibilities of the Internal Committee

1. Receiving Complaints with Sensitivity and Promptness

When an aggrieved woman files a complaint, which must be done within 3 months from the date of the incident, the IC is responsible for accepting and acknowledging it in a non-judgmental and confidential manner. If the complaint is part of a continuing offence, the 3-month timeline is counted from the last instance
of harassment.

2. Maintaining Confidentiality

Confidentiality is not just ethical; it is legally mandated under Section 16 of the PoSH Act. The IC must ensure that details of the complaint, the identity of the parties involved, and outcomes of the inquiry are not disclosed at any point. Failure to maintain this confidentiality can lead to penalties.

3. Enabling Conciliation (When Applicable)

In cases where the aggrieved woman requests it under the provisions of the PoSH Act, the IC may facilitate a conciliation process before launching a formal inquiry. However, any resolution cannot involve monetary compensation as the basis. If a settlement is reached, the matter is considered resolved, and the IC closes the complaint.

Conducting a Fair Inquiry Process

4. Initiating a Neutral and Timely Inquiry

If conciliation is not pursued or fails, the IC must begin a formal inquiry. Both parties are provided equal opportunity to present evidence, witnesses, and arguments. Per Section 11(4), the inquiry must be concluded within 90 days, ensuring the matter is not unduly prolonged.

5. Recommending Appropriate Action

Following the inquiry, the IC submits a written report to the employer within 10 days of completion. If the complaint is proved, the IC recommends suitable actions, such as issuing warnings, suspensions, termination,
or deducting compensation from the offender’s salary to pay the aggrieved woman. If the complaint is found to be unsubstantiated, the IC must close the matter without punitive action but also ensure no retaliation occurs.

6. Dealing with Malicious or False Complaints (Cautiously)

The PoSH Act, 2013, under Section 14, provides for penal action in cases where a complaint is found to be false or malicious; however, this provision must be applied with utmost caution. A false or malicious complaint implies that the complainant deliberately made allegations knowing them to be untrue, with the intent to harm
the respondent. It is not sufficient for a complaint to merely remain unproven – lack of evidence does not equate to malice. The Internal Committee (IC) must conduct a separate, fair, and thorough inquiry to establish malicious intent, supported by concrete evidence, before recommending action against a complainant.

The Act also clarifies that a complaint made in good faith, even if not ultimately substantiated, must not attract penal consequences. This safeguard is critical to prevent the misuse of Section 14 as a tool to silence or intimidate genuine victims. ICs must therefore strike a careful balance between protecting individuals from false accusations and ensuring that survivors are not discouraged from reporting due to fear of reprisal.

Proactive and Preventive Responsibilities

Beyond redressal, the IC must work actively to prevent instances of harassment by creating awareness and shaping workplace culture.

7. Organising Awareness Programmes

Under Section 19 of the Act, employers are required to conduct regular workshops and training sessions to educate employees about the provisions of the PoSH Act and acceptable workplace behaviour. The IC plays a key role in initiating and conducting these programmes.

8. Advising the Employer

The Internal Committee acts as an advisory body, guiding the employer on implementing effective policies, creating gender-inclusive spaces, and updating harassment redressal systems in accordance with the law.

9. Submitting Annual Reports

The Presiding Officer, as part of their responsibility, makes this report, gets it approved by the employer. The IC is subsequently required to submit an Annual Report to the District Officer. This report includes:

• Number of complaints received;
• Number of cases disposed of;
• Number of inquiries pending for over 90 days;
• Workshops conducted;
• Nature of actions taken.

Non-submission of this report reflects poorly on the organisation and can attract penalties.

Common Challenges in IC Functioning

Even though the IC is a legal necessity, many organisations treat it as a compliance formality. Common problems include:

• Lack of training for committee members;
• Bias or internal pressure affecting neutrality;
• Poor understanding of procedural fairness;
• Inadequate awareness among employees about the IC’s existence or role.

To be effective, the Internal Committee must operate independently, transparently, and with legal and human sensitivity.

Best Practices for a Strong Internal Committee

• Offer legal training and capacity building to IC members regularly;
• Ensure gender and role diversity in the committee;
• Make complaint mechanisms visible and accessible across the organisation;
• Involve an external member who is a legal expert or from non-governmental organisations or associations committed to the cause of women, or a person familiar with the issues relating to sexual harassment, who can bring impartiality;
• Review and update the organisation’s PoSH policy periodically

Conclusion

The Internal Committee is far more than a grievance-handling authority. It is a safeguard mechanism that ensures women can work without fear or prejudice. By handling complaints with integrity, conducting fair inquiries, and fostering preventive education, the IC contributes directly to building respectful, inclusive, and compliant workspaces.

For employers, empowering their Internal Committee is not just about meeting legal obligations; it’s about aligning the organisation’s culture with fundamental rights and human dignity.

Remember, Irrespective of the Location, Employee Safety at Work is the Employer’s Responsibility