Explain the constitution and composition of the Internal Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

​Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (commonly referred to as the POSH Act,
2013) focuses on the Constitution of the Internal Committee (IC), which is a mandatory body for employers to establish in every workplace for addressing complaints related to sexual harassment.
 
Subsection (1): Mandatory Formation of the IC

• Every employer is required to form an Internal Committee by issuing a formal written order.
• If the workplace has multiple offices or administrative units at different locations (such as branch offices or divisional units), a separate IC must be constituted for each of these locations. This ensures that employees in different locations have easy access to the IC, rather than relying on a centralized body at the main office.

Subsection (2): Composition of the IC
The IC must include the following members who are to be nominated by the employer:
 
1. Presiding Officer:

• The Presiding Officer must be a woman employed at a senior level in the workplace.
• If there is no senior woman employee available at that specific office or administrative unit, the employer may nominate a senior woman from another office or administrative unit within the organization.
• If the organization does not have any senior woman employee across its offices, the Presiding Officer can be nominated from any other workplace of the same employer or even from another organization or department.
• This provision ensures that a woman always leads the   committee, particularly in seniority, to provide authority and trust.

 
2. Two Members from the Employees:

• There must be at least two members from among the employees who are preferably committed to the cause of women or who have experience in social work or legal knowledge.   This aims to ensure that the IC has members sensitive to women’s rights or issues of harassment.

 
3. One External Member:

• The IC must include one external member from a non-governmental organization (NGO) or an association committed to the cause of women, or someone who is familiar with issues relating to sexual harassment.
• Importantly, this external member is not required to be a woman. The emphasis is on their expertise in matters related to sexual harassment or women's issues, ensuring they bring an objective and knowledgeable perspective to the committee.
• This external member could be a man or a woman, as long as they possess the necessary experience or commitment to the cause of women. This distinction is crucial because it underscores the importance of competence and impartiality over gender in this particular role.
• The inclusion of an external member from outside the organization helps in maintaining neutrality and objectivity in handling sexual harassment complaints, providing a balanced and fair perspective in the committee's deliberations.
• At least half of the total members of the IC must be women. This gender representation aims to build confidence among women complainants and ensures that their concerns are understood with sensitivity.

 
Subsection (3): Tenure of IC Members

• The Presiding Officer and the other members of the IC are allowed to serve a term of up to three years from the date of their nomination.
• The employer has the discretion to determine the exact tenure, but it cannot exceed three years. Regular rotation of members ensures that the IC remains active, diverse, and engaged.

 
Subsection (4): Remuneration for External Members

• The member appointed from the NGO or external associations is entitled to fees or allowances for participating in the IC proceedings.
• The employer is responsible for paying this remuneration, and the specific amount is prescribed by the rules established under the Act. This provision ensures that the external members are compensated for their time and effort.

 
Subsection (5): Grounds for Removal of IC Members
A Presiding Officer or any other member of the IC can be removed from the committee under certain circumstances, such as:

• Contravening the provisions of Section 16: Section 16 of the POSH Act refers to the prohibition of the publication or disclosure of information regarding complaints or proceedings under the Act. If a member discloses such confidential information, they can be removed.
• Conviction or pending inquiry for any criminal offense: If a member has been convicted for a crime or is undergoing a criminal inquiry, they are no longer eligible to serve on the IC.
• Disciplinary actions: If the member has been found guilty in any disciplinary proceedings, or if there is a disciplinary proceeding currently pending against them, they can be removed.
• Abuse of position: If a member has abused their position in a manner that would make their continued presence on the IC prejudicial to the public interest, they can be removed.

In case of the removal of any member, the employer must fill the vacancy by making a fresh nomination in accordance with the provisions mentioned in this section, ensuring the IC remains fully operational and functional.
 
Key Takeaways from Section 4:

1. Mandatory Constitution: Every workplace must have an Internal Complaints Committee, and each administrative unit or location needs its own IC.
2. Composition and Inclusivity: The IC must have women in key positions, employees who are experienced in women's issues or legal matters, and at least one external member to maintain neutrality.  Half of the members must be women.
3. Term Limit: Members of the IC, including the Presiding Officer, can only hold office for a maximum of three years.
4. Compensation for External Member: External member, especially from NGOs, are to be paid for their services.

• Removal Criteria: Strict guidelines exist to ensure that IC members uphold confidentiality and integrity, with grounds for removal clearly defined.

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

Shekhar Ganagaluru
MSW, LLB, Dip. T&D
HR & IR Specialist | Published Author | Storyteller | Mentor |
Trainer | Community Outreach Coordinator |
​Workplace Safety & Motivation Strategist

Section 4 - Internal Committee
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