PoSH

Can an external member of the Internal Committee under the POSH Act, 2013 be a lawyer not associated with an NGO?

3/13/2025

Yes, an external member of the Internal Committee under the Sexual Harassment Workplace (Prevention, Prohibition, and Redressal) Act, 2013 [POSH Act, 2013] can be a lawyer, even if they are not associated with a Non-Governmental Organization, provided they meet the required criteria outlined in the law.

1. POSH Act, 2013 - Provisions Related to External Members
The POSH Act, 2013 requires that every organization with more than 10 employees establish an Internal Committee to address complaints of sexual harassment. The Internal Committee must consist of:

A presiding officer who is a senior female employee.
Two members from the organization’s employees, preferably from different departments.
An external member, who is required to have expertise in issues related to sexual harassment, women’s rights, or gender equality.

While the law explicitly mentions that the external member should ideally be someone from an NGO or an association committed to women’s causes, it does not preclude a lawyer from serving in this capacity, provided they fulfill the necessary criteria.

2. Who Can Be the External Member?

Experience or Expertise: The POSH Act states that the external member should be from an NGO or an association that is dedicated to the cause of women, or someone who has experience or expertise in social work or issues relating to sexual harassment or women's rights.
Legal Expertise: Lawyers, particularly those with a background in gender rights, sexual harassment laws, or workplace law, can certainly serve as external members of the Internal Committee. Their legal expertise is valuable in assessing complaints, ensuring compliance with legal frameworks, and interpreting the complexities of workplace harassment issues.

3. Role and Importance of the Lawyer as an External Member
The objective of the Internal Committee is to provide a fair and unbiased mechanism for addressing complaints of sexual harassment at the workplace. The presence of an external member is crucial to ensure that the process is transparent, impartial, and in line with the provisions of the law.
A lawyer's expertise is highly relevant to this process for several reasons:

Legal Interpretation: Lawyers are skilled at interpreting the legal nuances of the POSH Act, ensuring that all proceedings are conducted within the boundaries of the law.
Advisory Role: They can guide the Internal Committee on legal aspects, such as evidence handling, confidentiality, and the rights of both the complainant and the respondent.
Ensuring Justice: The external member with a legal background can help ensure that the principles of justice, fairness, and due process are upheld during the inquiry, thus preventing any potential bias or mishandling of cases.
Ensuring Compliance: A lawyer can also ensure that the organization complies with not just the POSH Act but also other relevant labour and workplace laws, including the requirement for appropriate action and penalties when harassment is proven.

4. Conclusion
In conclusion, a lawyer who is not associated with an NGO can serve as the external member of the Internal Committee under the POSH Act, 2013, provided they meet the key requirement of having expertise or experience in social work or issues related to sexual harassment and women’s rights. Given their legal expertise, lawyers bring immense value to the IC, especially in navigating complex legal situations, ensuring procedural fairness, and upholding the integrity of the complaint process.
Thus, while the POSH Act encourages the involvement of NGO members with a focus on women’s rights, a lawyer with the right qualifications and experience can certainly play a crucial role in achieving the objectives of the Internal Committee.

Disclaimer: This document is for educational purposes only and does not constitute legal advice.