Appointment of a Presiding Officer under the PoSH Act
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the PoSH Act, mandates every organisation with 10 or more employees to establish an Internal Committee (IC) to address complaints of sexual harassment. One of the key requirements of this committee is the appointment of a Presiding Officer, who must be a senior woman employee.
However, in many organisations, particularly in sectors or regions where female representation in leadership is low, this requirement poses a practical challenge. What happens if there is no senior female employee in the workplace? The law does provide flexibility while ensuring that the core purpose of the Act, protection of women from sexual harassment, remains intact.
Who can be the Presiding Officer?
The law states that the Presiding Officer must be a senior woman employee of the organisation. The intent is to ensure that the committee is led by someone who not only holds authority but also has the experience and maturity to handle sensitive complaints with discretion and fairness.
If the workplace does not have a senior woman employee, the employer can nominate a senior woman from another office, unit, department, or workplace of the same organisation. This provision ensures that the IC remains compliant without compromising the requirement for female leadership.
Can a male employee be the Presiding Officer?
The law is explicit that the Presiding Officer must be a woman. A senior male employee, regardless of rank or experience, cannot serve as the chairperson of the Internal Committee.
This was an intentional decision by lawmakers to uphold the spirit and purpose of the PoSH Act. Since the Act is designed to protect women’s rights and dignity in the workplace, the leadership of the committee was deliberately structured to include a woman in the most senior position. This representation helps build trust and reassures complainants that their concerns will be handled with empathy and fairness.
What if there is no senior woman employee in the organisation?
In India, especially in smaller firms or male-dominated industries, there may not be a woman in a senior position. The law recognises this limitation and allows for a flexible approach.
In such cases, the employer can nominate a woman employee who, while not at a senior level, demonstrates maturity, credibility, and the ability to handle the responsibilities of the role. The selection should be based on qualities such as sound judgment, emotional intelligence, and the ability to maintain confidentiality and neutrality.
This flexibility ensures that the absence of a senior female leader does not become an excuse for non-compliance.
Building the Presiding Officer’s capacity
If a relatively junior woman employee is appointed as the Presiding Officer, it becomes the organisation’s responsibility to provide her with adequate training and capacity building.
This may include:
- Workshops on the PoSH Act and rules
- Training on grievance redressal, counselling, and trauma sensitivity,
- Sessions on conducting fair and unbiased inquiries, and
- Exposure to case studies and real-world examples.
Such initiatives help ensure that the appointed Presiding Officer is equipped to perform her duties effectively and confidently.
Why this role matters
The Presiding Officer plays a crucial role in the functioning of the Internal Committee. She sets the tone for how complaints are handled—balancing empathy with procedural rigour. Her leadership ensures that investigations are carried out sensitively, with respect for both the complainant and the respondent.
Moreover, the presence of a woman in this key role reinforces the organisation’s commitment to gender equity and safety, sending a strong message that workplace dignity is a shared priority.
In summary
The Presiding Officer must be a senior woman employee.
- If unavailable, a senior woman from another unit or office may be nominated.
- A male employee cannot be appointed as the Presiding Officer.
- In the absence of senior female staff, a competent and trusted woman employee can take on the role.
- The employer must provide training and support to help her fulfil her responsibilities.
By taking these steps, organisations can ensure compliance with the PoSH Act while also fostering a culture of trust, fairness, and accountability.
Reach out to us at hello@serein.inc and let our legal experts help you build you IC that sets the cultural tone for your organisation.