Posh Law - Role, Powers and Accountability of the Internal Committee

The Internal Committee (IC) is the adjudicatory cornerstone of the POSH framework. Mandated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the IC functions as a quasi-judicial body tasked with conducting fair and time-bound inquiries into complaints of workplace sexual harassment.

The composition of the IC is legally prescribed: a senior woman employee as Presiding Officer, at least two internal members committed to women’s causes or legal knowledge, and one independent external member. Improper constitution may invalidate proceedings and expose the employer to statutory penalty. The independence and competence of the external member are particularly critical to ensure neutrality.

The IC has powers similar to those of a civil court for summoning witnesses, requiring document production, and recording evidence. It must adhere to principles of natural justice providing both parties an opportunity to be heard, permitting cross-questioning (in a structured manner), and issuing a reasoned report. Mechanical or template-based findings often fail judicial scrutiny.

Accountability of the IC operates at multiple levels. Members must maintain strict confidentiality and avoid conflicts of interest. Any breach may attract disciplinary consequences. Additionally, poorly conducted inquiries may expose organizations to reputational and legal risk.

An effective IC balances sensitivity with procedural discipline. It must neither trivialize complaints nor presume guilt. Its legitimacy depends on fairness, documentation, and evidence-based reasoning not sentiment or hierarchy.

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