When Alex joined SunGen Private Limited, a growing organisation with 30 employees, he was eager to ensure that all HR processes and compliance requirements were properly in place. During his review, he inquired about the constitution of the Internal Committee (IC) under the Prevention of Sexual Harassment (PoSH) Act, 2013.
The management responded that SunGen did not have an IC because there were no women employees in the organisation, it was an all-male workforce. On the surface, this reasoning might seem logical. However, legally and ethically, this position is incorrect. The absence of women employees does not exempt an organisation from constituting an Internal Committee.
Understanding the Legal Mandate
According to Section 4 of the PoSH Act, 2013, every employer with 10 or more employees, regardless of gender composition, must constitute an Internal Committee. The law does not provide an exception for organisations without women employees. The objective of the Act is to ensure that every workplace has a standing mechanism to address and prevent sexual harassment, ensuring readiness and accountability at all times.
Composition of the IC: Section 4(2)(a)
The law stipulates that the IC must be headed by a Presiding Officer, who is a senior woman employee at the workplace. If a senior-level woman employee is unavailable within the organisation, the law allows flexibility:
- The Presiding Officer can be nominated from another office or administrative unit of the same organisation.
- If that is also not feasible, she can be nominated from any other workplace of the same employer or even from another organisation.
This provision makes it clear that companies are expected to make a sincere effort to identify a suitable woman representative, even from outside the immediate workforce, to head the IC.
Gender Representation: Section 4(2)(b)
The PoSH Act also requires that at least half of the IC members must be women. In the case of an all-male workforce, this balance can still be achieved by appointing women members from other branches, sister concerns, or administrative units. With careful planning and collaboration, even small or male-dominated companies can meet this statutory requirement. Doing so reflects a commitment to both legal compliance and ethical workplace governance.
External Member: Section 4(2)(c)
Another essential requirement is the inclusion of an external member familiar with issues related to sexual harassment. This individual can be from a non-governmental organisation (NGO) or any organisation committed to women’s welfare and workplace safety.
Typically, this external member is a woman with expertise in handling or advising on matters of sexual harassment, gender sensitisation, or workplace inclusion. Their presence lends objectivity, impartiality, and credibility to the IC’s functioning. In cases where the organisation lacks internal gender representation, the external member’s role becomes even more crucial in ensuring balance and fairness during inquiries or preventive deliberations.
Why an IC Is Necessary Even Without Women Employees
The spirit of the PoSH Act is not limited to addressing complaints after they occur. It equally emphasises prevention, awareness, and readiness. Constituting an IC even in an all-male workplace serves multiple purposes:
- It demonstrates that the organisation takes workplace safety and legal compliance seriously.
- It prepares the organisation to handle complaints objectively, should any arise — whether from visiting staff, clients, consultants, or contract workers.
- It reinforces a culture of respect and accountability, signalling that the organisation upholds professional standards of conduct regardless of gender composition.
An IC, therefore, is not merely a compliance formality but a reflection of a company’s ethical culture and preventive stance.
Building Compliance Through Creativity and Commitment
For companies like SunGen Private Limited, the challenge of forming an IC can be met with practical and creative solutions:
- Nominate a senior woman employee from another branch or partner organisation as the Presiding Officer.
- Include women members from other units to maintain the required gender ratio.
- Appoint an external expert from an NGO or women’s rights organisation who brings both expertise and impartiality.
Such measures ensure that the IC is functional, compliant, and capable of fulfilling its mandate under the Act.
Conclusion
In conclusion, SunGen Private Limited is not currently compliant with the PoSH Act, 2013, as every organisation with ten or more employees must constitute an Internal Committee, irrespective of whether women are employed. To avoid penalties and uphold the law’s intent, SunGen must immediately establish an IC that includes:
- A woman Presiding Officer (from within or outside the organisation),
- At least 50% women members, and
- An external expert familiar with issues of sexual harassment.
By taking these steps, SunGen will not only meet the legal requirements but also demonstrate its commitment to maintaining a safe, inclusive, and respectful workplace for everyone, a standard that defines responsible and modern organisations today.