Dear IC Member: Understanding Your Responsibilities Under the PoSH Act
The morning smelled like fresh coffee and spreadsheets.
You were halfway through a report when the email arrived. Three lines, a formal subject header and an attachment. It was a complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act), addressed to the Internal Committee, a committee you are a member of.
You set your coffee down slowly. Somewhere on the fourth floor, a woman named Vandana had spent the last three weeks rehearsing how to say something she had never said out loud before. She had typed, deleted and retyped her words many times. She had doubted herself even more. Then she finally pressed send and placed her trust in a committee she hoped would know what to do.
As you open the complaint, one quiet question sits in the back of your mind:
“Do I know exactly what I am supposed to do as a member of the Internal Committee?”
You Were Not Just Appointed. You Were Entrusted.
Being nominated to be part of your organisation’s Internal Committee (IC) under the PoSH Act is not a symbolic role or a box ticked on a compliance checklist. It is a legal mandate to prevent and redress sexual harassment and to protect dignity at the workplace.
Under Section 4 of the PoSH Act, every employer with 10 or more employees must constitute an Internal Committee. Its core purpose is to ensure that every woman who faces sexual harassment at work has access to a process that is fair, confidential and time bound.
Being part of the Internal Committee comes with responsibility that is real, defined and non negotiable.
Let us walk through what that means, for Vandana and for you.
When She Walks In With a Complaint
The story moves from Vandana’s inbox to yours the moment her complaint reaches the Internal Committee. That is when your legal responsibilities formally begin.
Time limit for filing
Under the PoSH Act, a written complaint must usually be made within three months from the date of the incident, or in case of a series of incidents, within three months from the date of the last incident. The Internal Committee may extend this by another three months if it is satisfied that circumstances prevented her from filing earlier and if it records reasons in writing.
If Vandana has taken time to find the courage to complain, the law allows you to consider that delay. At the same time, it expects you to actively apply your mind before allowing an extension.
From the moment the complaint is received, the clock starts and so does the duty of care of the Internal Committee. How you receive Vandana, your tone, your clarity and your willingness to listen, sets the tone for everything that follows.
The Architecture of a Fair Inquiry
Once Vandana’s complaint is received and registered, the Internal Committee is responsible for conducting a thorough inquiry guided by the principles of natural justice.
This means:
- Both Vandana, the complainant, and the respondent must be treated fairly and must be given a full opportunity to be heard.
- Each side must be allowed to present evidence and witnesses.
- The Committee must remain impartial and must base its findings only on the material on record.
During the inquiry, the Internal Committee has powers of a civil court for certain purposes. These include summoning and enforcing the attendance of any person, examining them on oath and requiring the production of documents. These powers exist so that your inquiry is robust enough to withstand scrutiny and is not reduced to a box ticking exercise.
Conciliation, if Vandana asks for it
Before starting a formal inquiry, the Internal Committee may, at Vandana’s written request, attempt conciliation. The law is clear on two points here:
- Conciliation can begin only if the aggrieved woman herself requests it in writing. The Internal Committee cannot push her into it.
- Monetary settlement cannot be made the basis of conciliation. Any settlement must focus on non monetary terms.
If conciliation succeeds, the Internal Committee records the settlement and shares it with the employer and the parties. If Vandana does not seek conciliation, or if conciliation fails, the Internal Committee must proceed with a formal inquiry.
Statutory timelines for inquiry
From the date Vandana’s complaint is received, the Internal Committee must complete its inquiry within 90 days. This 90 day period is a statutory timeline and any delay must be justified if it occurs despite best efforts.
Maintaining Strict Confidentiality
As soon as Vandana’s complaint is filed, confidentiality becomes a non-negotiable obligation for you and for the Internal Committee.
The PoSH Act prohibits publication or making known the contents of the complaint, the identities and addresses of the complainant, respondent and witnesses, and any information relating to the conciliation or inquiry proceedings or the recommendations and action taken. This includes disclosure to the media, to social media or even to curious colleagues who are not legally required to know.
A breach of confidentiality is not just an ethical lapse. It is a statutory violation that can attract penalties for the employer and consequences under service rules for individuals responsible. It also damages trust in the Internal Committee and can discourage others, like Vandana, from ever speaking up.
Recommending Interim Relief
During the inquiry, Vandana may still have to share office corridors, meetings or projects with the respondent. The law recognises how difficult that can be.
On Vandana’s written request, the Internal Committee may recommend interim measures to the employer, such as:
- Transfer of either the aggrieved woman or the respondent
- Grant of leave to the aggrieved woman, up to a prescribed period
- Any other relief as may be appropriate, such as a change in reporting structure or work location
The employer is required to implement these recommendations and to report back to the Internal Committee. For many women, these interim measures are what make it possible to continue working while the inquiry runs its course.
Every Member Has a Role, and You Should Know Yours
The Internal Committee is deliberately designed as a diverse body to balance independence, organisational knowledge and expertise.
Presiding Officer
The Presiding Officer must be a woman employed at a senior level at the workplace from among the employees. If no senior level woman is available at that workplace, a senior woman employee from another office or unit of the employer may be appointed.
Her presence helps:
- Signal safety and authority to complainants like Vandana
- Maintain procedural discipline and independence from management influence during the inquiry
Internal Members
At least two members must be employees, preferably those who are committed to the cause of women or who have experience in social work or legal knowledge.
They bring organisational context. They understand hierarchies, culture and practical realities, and they are expected to approach the inquiry with sensitivity and fairness.
External Member
The external member must be from an NGO or association committed to the cause of women or be a person familiar with issues relating to sexual harassment.
This member provides an independent voice, helps reduce institutional bias and brings specialised expertise on the prevention of sexual harassment law and practice. For Vandana, this can mean an extra layer of confidence that her case will not be brushed aside by internal politics.
Together, these roles create a committee that is designed to be credible, independent and legally compliant.
The Burden of Neutrality
Perhaps the hardest part of being an Internal Committee member is this. You may know both parties.
The respondent might be a well liked manager. Vandana might be someone you have only seen in passing or have formed an opinion about.
Inside the inquiry room, none of that is supposed to matter. Neutrality means you consciously set aside prior impressions and decide based only on the evidence on record and the law. It does not mean doing less. It means being equally rigorous with both sides.
Your role is similar to that of a referee bound by the PoSH Act and Rules, and not by office gossip or personal preferences.
Internal Committee Inquiry Report and Recommended Action
After hearing Vandana and the respondent, examining witnesses and documents and completing the inquiry, the Internal Committee must prepare a reasoned written report with its findings.
Timeline and recipients
- The Internal Committee must complete the inquiry within 90 days from the receipt of the complaint.
- Within 10 days of completing the inquiry, the Internal Committee must provide its report to the employer and to both Vandana and the respondent.
- The employer is required to act on the recommendations of the Internal Committee within 60 days of receiving the report.
If sexual harassment is proved
If the Internal Committee concludes that the allegation of sexual harassment is proved, it may recommend one or more of the following to the employer in accordance with Section 13(3) of the PoSH Act:
- Disciplinary action against the respondent in accordance with the service rules, such as written warning, withholding of promotion, suspension or termination.
- Deduction from the respondent’s salary or wages to be paid to the aggrieved woman as compensation, having regard to the factors listed in Section 15, such as mental trauma, loss of career opportunity, medical expenses, income and financial status of the respondent and the feasibility of lump sum or instalments.
- Any other relief or action recommended in accordance with the Act, the Rules and applicable service regulations.
These recommendations are not merely advisory. The employer is legally bound to act on them within 60 days.
If the allegation is not proved
If the Internal Committee finds that the allegation is not proved, it must recommend that no action is required against the respondent. It must also ensure that the complainant is not punished or disadvantaged merely for having made a complaint in good faith.
False or malicious complaints are treated separately and require the Internal Committee to specifically record that the complaint was made with malicious intent. This is a high threshold and cannot be inferred only because the case was not proved.
Penalties for employer non compliance
If the employer fails to constitute an Internal Committee as required, fails to act on the recommendations of the Internal Committee or fails to comply with other provisions of the PoSH Act or Rules, Section 26 provides for penalties.
- A fine of up to INR 50,000 for the first offence of non compliance.
- A fine up to twice the amount, that is up to INR 1,00,000, for a subsequent or repeat offence.
- Possible cancellation, withdrawal or non renewal of the registration, licence or approval for carrying on business in case of continued non compliance.
If you do not constitute a proper Internal Committee, do not conduct inquiries as mandated or ignore the recommendations of the Internal Committee, the law allows regulators to impose monetary penalties and, in serious cases, to interfere with your licence to operate.
The Cost of Getting It Wrong
For the organisation, the stakes are clear. Non compliance with the PoSH Act is not a technicality that quietly disappears. It is a legal, financial and reputational risk.
Beyond statutory penalties, there is a human cost. When an Internal Committee fails because of delay, bias, breach of confidentiality or sheer unpreparedness, it does not just fail Vandana. It sends a message to every employee watching that this workplace is not safe for you to speak up.
Back to Vandana
Two hours after she first walks into the room, Vandana leaves without a final outcome. That will take time. She does leave with something equally important, the belief that she has been heard.
The Internal Committee members across from her have listened carefully, asked relevant questions and taken her through the next steps and timelines. They have explained to her options for interim relief, assured her of confidentiality and told her when she can expect the inquiry to be completed.
Most importantly, they have not promised her a particular result. Instead, they have promised her something far more valuable. They have promised her a fair and lawful process worthy of her courage.
That is exactly what the PoSH Act asks from you as an Internal Committee member.
Not perfection, but fairness, diligence and the quiet courage to uphold the dignity of every person who walks into that room.
Further PoSH Resources from Rainmaker
If you are an Internal Committee member, HR leader or business head looking to deepen your understanding of PoSH law and best practices, you may also find these articles useful:
- PoSH Act 2013: 8 Common Myths About Workplace Sexual Harassment
Learn how to tackle widespread misconceptions about what counts as sexual harassment, who can complain, and when the law applies — essential reading for IC communication and trainings.
- Navigating the PoSH Complaint Process: A Guide to Writing a Sexual Harassment Complaint
A step‑by‑step guide for employees and IC members on timelines, how to structure a complaint and what information to include, aligned with the limitation periods under the PoSH Act.
- Interpreting “Workplace” under the PoSH Act
Explores how the definition of “workplace” under the PoSH Act extends beyond the physical office to virtual spaces, offsites, client locations and other environments where work is performed.
- Decoding “Employer” under the PoSH Act
Breaks down who qualifies as an “employer” in diverse structures (companies, partnerships, government bodies) and why this definition matters for PoSH obligations and accountability.
- PoSH Guidelines: How to Effectively Handle Sexual Harassment Complaints at Your Organisation
Practical guidance for HR and ICs on receiving, documenting and resolving complaints while complying with statutory requirements and building employee trust.
- 4 Unique Strategies to Combat Sexual Harassment at the Workplace
Goes beyond basic compliance to highlight culture‑building strategies that strengthen trust, accountability and reporting.
- Moving Forward: Supporting Survivors of Sexual Harassment
Focuses on post‑inquiry support, safe reporting channels and measures that help survivors continue in the workplace without fear of retaliation.
- The Ghost in the Spreadsheet: Why Manual PoSH Tracking Is a Legal Time Bomb
Explains the risks of manual PoSH case tracking and why robust systems are critical for evidence, audit trails and legal defensibility.
- When PoSH Policy Fails in India: Lessons from the TCS Nashik Case for HR and Compliance Leaders
Uses a high‑profile case to draw lessons on what can go wrong in policy implementation and IC functioning, and how organisations can avoid similar failures.
For organisations that want structured learning and end‑to‑end compliance support, explore Rainmaker’s PoSH training and advisory solutions.
