The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, popularly known as the PoSH Act, was enacted with a clear and powerful objective: to make workplaces safer for women by preventing, prohibiting, and redressing acts of sexual harassment. The law ensures that every woman, irrespective of her role, designation, or employment type, can perform her duties with dignity and without fear.
One of the most crucial components of this legislation is the Internal Committee (IC), the body responsible for receiving and addressing complaints of sexual harassment within an organisation.
The Role and Composition of the Internal Committee
Under the PoSH Act, any workplace with 10 or more employees is legally required to constitute an Internal Committee. This requirement applies across sectors, private, public, non-profit, educational, and even domestic workplaces employing ten or more people.
The Internal Committee is designed to serve as the first line of redressal within the organisation. It must consist of:
- A Presiding Officer, who must be a senior woman employee of the organisation.
- At least two members from among employees, preferably committed to the cause of women or who have experience in social work or legal knowledge.
- One external member from an NGO or association committed to women’s issues or familiar with the legal aspects of sexual harassment.
The inclusion of an external member is particularly significant; it ensures impartiality and provides expertise to the process, especially in cases that may otherwise be influenced by internal hierarchies or organisational biases.
The IC’s responsibilities go beyond inquiry and investigation. It plays an important role in preventive education, awareness-building, and policy formulation. Regular workshops, training sessions, and communication initiatives should be organised to ensure that every employee understands what constitutes sexual harassment, how to report it, and what protections the law provides.
Recent Legal and Administrative Reinforcements
To reinforce compliance, authorities have been tightening oversight. In 2021, the Maharashtra State Women’s Commission announced that it would take stringent measures against organisations found violating PoSH guidelines. A dedicated team from the Commission now conducts surprise inspections to ensure companies have functional ICs and are fulfilling their obligations under the law.
If a company fails to constitute an Internal Committee, a penalty of ₹50,000 can be imposed. Repeat violations can even lead to cancellation of business licenses or registration.
The Chairperson of the Maharashtra State Women’s Commission, Rupali Chakankar, in a letter dated November 10, 2021, urged state authorities to direct all companies to form ICs and to ensure active compliance.
A landmark case further underscored the seriousness of this requirement. In Mrs. Arvinder Bagga & Ors. v. Local Complaints Committee (2017), the Indore Bench of the Madhya Pradesh High Court fined Medanta Hospital, Indore ₹50,000 for failing to constitute an Internal Committee. Moreover, the court directed the hospital to pay ₹25 lakhs as compensation to the complainant, citing failure to address her complaint of sexual harassment.
This case serves as a powerful reminder that non-compliance with the PoSH Act is not merely a procedural lapse — it is a violation of fundamental rights and carries serious legal and reputational consequences.
Best Practices for Employers to Ensure Compliance
Compliance with the PoSH Act must not be viewed as a one-time administrative task but as a continuous organisational commitment. The following best practices can help companies build a safer, legally compliant, and respectful workplace culture:
- Develop an Anti-Sexual Harassment Policy:
Every organisation should draft and adopt a clear, accessible, and comprehensive anti-sexual harassment policy. The policy should define key terms, outline complaint procedures, and highlight the company’s commitment to zero tolerance.
- Constitute and Train the Internal Committee:
Ensure that the IC is formed as per the PoSH Act’s structure and that its members undergo capacity-building and sensitisation training to handle complaints with fairness, empathy, and confidentiality.
- Awareness and Sensitisation Workshops:
Conduct regular workshops and seminars to inform employees of their rights, responsibilities, and available redressal mechanisms. These sessions should also address unconscious bias, power dynamics, and respectful workplace behaviour.
- Transparent Communication:
Display PoSH posters and notices in prominent areas of the workplace, such as lobbies, restrooms, cafeterias, and intranet portals. In hybrid or remote setups, policies and posters should be shared digitally to ensure equal access to information.
- Annual Reporting and Accountability:
The IC must prepare and submit an annual report to both the employer and the District Officer. This report should detail the number of complaints received, resolved, and pending, along with actions taken to create awareness and prevent harassment.
- Recognise Sexual Harassment as Misconduct:
The organisation’s code of conduct and HR policies must explicitly categorise sexual harassment as a form of misconduct, subject to disciplinary action.
- Extend PoSH Coverage to All Branches:
The company’s PoSH policy should apply uniformly across all offices and branches, ensuring that no employee or contractual worker is excluded from its protection.
Beyond Compliance: Building Trust and Safety
While penalties can push compliance, real progress comes from cultural change. Leadership must take active responsibility in creating an environment where employees feel safe to raise concerns without fear of retaliation.
A well-trained, proactive Internal Committee can become the backbone of this culture — ensuring that justice is swift, fair, and compassionate. Organisations that embrace PoSH compliance as part of their value system, rather than a legal necessity, set the foundation for trust, productivity, and long-term success.
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