Why POSH Training Matters: What an Internal Committee Must Do Under the 2013 Act

Every workplace in India with 10 or more employees must constitute an Internal Committee (IC) under Section 4 of the POSH Act, 2013, and that committee works like a small tribunal: it receives complaints, can try conciliation, runs an inquiry within 90 days and sends a reasoned report the employer must act on within 60 days. An IC that does not follow the Act’s procedure and basic natural justice produces reports that courts can set aside. That is why trained IC members are not a formality but the core of POSH compliance.

Who must constitute an IC, and who sits on it

Section 4 makes the IC compulsory for every employer with 10 or more employees. A company with offices in Pune and Lucknow needs a committee at each office or unit. “Employee” includes temporary, daily wage and contract staff, trainees and apprentices, paid or not.

The composition is fixed by the Act:

• Presiding Officer: a woman employed at a senior level in the workplace.
• At least two employee members, preferably with social work experience or legal knowledge.
• One external member from an NGO or association committed to the cause of women, or familiar with sexual harassment issues.
• At least half the members must be women.
• Members hold office for a period not exceeding 3 years.

Small workplaces are not outside the law. Where there are fewer than 10 employees, or where the complaint is against the employer himself, the woman goes to the Local Committee constituted by the District Officer under Section 6.

What IC members actually do

IC members decide questions of fact that can end a career. The job has four parts.

1. Receiving the complaint. The aggrieved woman files a written complaint within 3 months (s.9). If she cannot write it, the Presiding Officer or any member must give reasonable assistance to put it in writing.
2. Conciliation (s.10). Before inquiry, the IC may attempt settlement, but only at the aggrieved woman’s request. No monetary settlement can be made the basis of conciliation.
3. Inquiry (s.11). The IC follows service rules, or the POSH Rules where none exist, and has civil court powers to summon witnesses and call for documents. The inquiry must end within 90 days.
4. Interim relief (s.12). During the inquiry, on the woman’s written request, the IC can recommend that she or the respondent be transferred, that she be granted leave up to 3 months, or other prescribed relief.

Once the inquiry ends, the IC sends its findings to the employer within 10 days (s.13(1)). If the allegation is proved, it recommends action as per service rules and may recommend deduction from the respondent’s salary as compensation. The employer must act on the recommendations within 60 days.

Why untrained ICs get their reports set aside

An IC inquiry is quasi-judicial. When action based on its report is challenged in court, the process is examined, not just the outcome. Common failures:

• Not giving the respondent a copy of the complaint and supporting documents. The POSH Rules require the IC to send a copy of the complaint to the respondent within 7 working days, and give him 10 working days to reply with documents and names of witnesses.
• No real chance to respond. Recording evidence behind the respondent’s back or refusing his witnesses.
• Unreasoned report. “Allegations proved” without discussing the evidence on each charge.
• Wrong composition. No external member, fewer than half women, or a member who is biased or a witness in the matter.
• Ignoring timelines and confidentiality. Section 16 bars publishing the identity of the woman, respondent and witnesses and the proceedings; leaks expose the employer to penalty under s.17.

The fallout hurts both sides: a genuine complainant sees the finding quashed on procedure, and a wrongly accused respondent carries a stigma. Trained members avoid both.

Employer duties under Section 19, and penalties

Section 19 puts duties on the employer, not just the IC, including:

• Providing a safe working environment.
• Displaying, at a conspicuous place, the penal consequences of sexual harassment and the order constituting the IC.
• Organising workshops and awareness programmes at regular intervals for employees, and orientation programmes for IC members.
• Providing facilities to the IC and helping secure attendance of the respondent and witnesses.
• Treating sexual harassment as misconduct under service rules and monitoring timely IC reports.

The IC must also prepare an annual report for each calendar year and submit it to the employer and the District Officer (s.21). Under s.26, failing to constitute an IC, ignoring its recommendations or breaching other provisions attracts a fine up to ₹50,000; on a repeat, twice the punishment and possible cancellation of the business licence or registration. The POSH compliance checklist turns these duties into a list you can tick off.

What the Supreme Court said in Aureliano Fernandes (2023)

In Aureliano Fernandes v. State of Goa, decided on 12 May 2023, an academic had been dismissed on the basis of a committee report produced in proceedings that did not give him a fair chance to defend himself, and the Supreme Court held that principles of natural justice had been bypassed. The Court also noted serious gaps in implementation. It directed governments and regulators to verify that ICs and Local Committees are properly constituted, publish their details, and run orientation and training for members. In December 2024, in a petition by the Initiatives for Inclusion Foundation, the Supreme Court further directed States to appoint District Officers and set up Local Committees.

Who needs POSH training

IC Presiding Officers and members in companies, schools, hospitals and colleges; external members from NGOs and the Bar; HR and compliance teams who draft policies and file annual reports; founders crossing the 10-employee mark; and law students who want to advise employers.

A Lexfolio certificate is a certificate of completion, not a statutory qualification. Start with the POSH Law certificate course.

Frequently asked questions

Can the IC settle a complaint with money?

No. Under s.10, conciliation is possible only at the woman’s request, and no monetary settlement can be the basis of conciliation.

What is the time limit to complain?

Three months from the incident, or from the last incident in a series. The IC can extend it by another 3 months, recording reasons, if circumstances prevented filing in time (s.9).

Can a lawyer appear for either party in the inquiry?

The POSH Rules do not allow parties to bring in a legal practitioner to represent them at any stage of the IC proceedings.

What if the employer does not act on the IC report?

The employer must act within 60 days (s.13). Not acting is a breach that attracts the s.26 penalty, and the aggrieved party may appeal under s.18 within 90 days of the recommendations.

Quick quiz

Sources

• Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: ss.2, 4, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 26
• Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013: Rule 7
• Aureliano Fernandes v. State of Goa, Supreme Court, 2023
• Initiatives for Inclusion Foundation v. Union of India, Supreme Court, December 2024

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.