The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the PoSH Act, is India’s primary legislation to ensure safety and equality for women in workplaces. The Act was born out of the landmark Vishaka Guidelines (1997) laid down by the Supreme Court, which recognised sexual harassment as a violation of fundamental rights under Articles 14, 15, and 21 of the Constitution.
To implement these safeguards, the Act established a grievance redressal mechanism known as the Internal Complaints Committee (ICC). In recent years, the term has evolved to Internal Committee (IC) to make it gender-neutral in name, though the law continues to primarily protect women employees. The IC plays a crucial role in ensuring that every workplace is not only compliant with the law but also committed to dignity, fairness, and accountability.
Applicability of PoSH Act
The PoSH Act applies to every workplace in India, whether it operates in the public or private sector, and extends to both organised and unorganised sectors. It covers offices, factories, hospitals, educational institutions, government bodies, NGOs, and even households employing domestic workers.
The employer’s legal responsibility begins when the organisation has 10 or more employees, regardless of gender, role, or employment type. This includes full-time, part-time, contractual, intern, or consultant roles. The presence of 10 employees mandates the constitution of an Internal Committee.
The IC is not a symbolic entity, it is a legally binding structure meant to receive, investigate, and redress complaints related to sexual harassment. It is empowered to conduct inquiries, make recommendations, and ensure corrective action. Beyond handling cases, it also serves a preventive and educational role, spreading awareness, organising training, and reinforcing a culture of respect and safety.
Failure to establish an IC or to comply with the provisions of the Act can result in monetary penalties and reputational consequences.
Importance of IC
The Internal Committee is the cornerstone of the PoSH framework. It ensures that the principles of the law, prevention, prohibition, and redressal are upheld in both letter and spirit.
The IC serves as a confidential and impartial forum where complaints of sexual harassment can be safely reported and fairly addressed. It is not merely an administrative requirement but a reflection of the organisation’s ethical commitment to gender equality and workplace dignity.
Non-compliance with the requirement to form an IC is an offence punishable by a fine of ₹50,000. Continued non-compliance can lead to higher penalties, including cancellation of business licences or registration. Beyond legal repercussions, failing to maintain an active IC risks eroding trust among employees, especially women, and can severely affect workplace morale and employer reputation.
Constitution of IC
According to Section 4 of the PoSH Act, the IC must be constituted with a minimum of four members:
- Presiding Officer – A senior woman employee who serves as the chairperson of the IC.
- Two or more members – Employees who demonstrate commitment to women’s rights or possess experience in social work, law, or related fields.
- External Member – A representative from an NGO, association, or organisation that works for women’s welfare or has expertise in dealing with cases of sexual harassment.
- At least 50% of the committee members must be women. The term of each IC member cannot exceed three years.
This structure ensures diversity, neutrality, and a balance of perspectives. The inclusion of an external member adds objectivity and helps the committee handle sensitive cases with fairness and procedural integrity.
Legal Powers of the IC
The Internal Committee functions as a quasi-judicial body, meaning it carries certain powers similar to those of a civil court. This enables the IC to act decisively and independently during investigations.
Under the law, the IC can:
- Summon or enforce the attendance of any person and require them to provide evidence or documents.
- Order the production of documents or records relevant to the case.
- Recommend interim measures such as a transfer or leave for the complainant during the inquiry.
- Submit findings and recommendations to the employer within the stipulated time frame.
These powers enable the IC to ensure that due process and natural justice are upheld during the inquiry. The committee’s findings are binding in nature, and the employer is required to act upon its recommendations promptly.
In Summary
The Internal Committee is more than a compliance formality, it is a mechanism of trust and accountability. When implemented correctly, it fosters psychological safety, empowers women to report misconduct without fear, and builds a workplace culture rooted in respect and equity.
By ensuring that ICs are well-trained, diverse, and transparent in their functioning, organisations can turn legal compliance into a commitment to fairness and dignity for all.
Reach out to us at hello@serein.inc and let us help you build a strong IC that helps you safeguard your organisational culture.