Formulation of Internal Committee for POSH Law in India

Implementation of POSH in a Business is Mandatory for its safety from Act. Heavy Penalty can be applied by Government on a Business if POSH is neither implemented not followed in the company. Proper Training of each and every staff including female member is required at every year so avoid such an incident in the company. The ICC should have 3 types of members. They are:

  • Presiding Officer: This member will be the chairperson of the Internal Committee and should be a senior-level female employee. This is to make the IC more approachable to women complainants. Know more about the Presiding Officer.
  • Employee Members: The IC should also include two or more members from the employees, preferably individuals who have decent legal knowledge, experience in social work, or committed to the cause of women.
  • External Member: The IC should include an external member who is not connected to the organization in any manner except as an external member. The person should be familiar with issues relating to sexual harassment, or from a non-governmental organization or association committed to the cause of women. The idea of an external member can be a little bit confusing. Let’s see more about it.

What is the role of an External Member?

In principle, external member ensures that the activities of the IC are unbiased and uninfluenced, thus providing neutrality and transparency in the complaints handling and inquiry process.

Here is a brief list of some of the roles that an External Member in the Internal Committee may perform:
  • Active involvement in formulating and reviewing the organization’s POSH policy.
  • Impartial role in handling and supervision of complaints related to Sexual Harassment.
  • Professional advice to the organization on implementation of POSH policy (whenever required).
  • Participating in regular meetings with the IC members to ensure complete and proper implementation of the POSH policy.
  • Drafting the Minutes of Meeting for IC meetings (if required)
  • Contribution to Annual Report preparation.