Aug 24 2026 | theoutcastcollective
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) was enacted to ensure that every woman has the right to work in a safe, secure and dignified environment, free from sexual harassment. The Act establishes a comprehensive framework by mandating employers to constitute Internal Committees (ICs) and providing for Local Committees (LCs) to address complaints where an IC is unavailable or inappropriate. These Committees perform quasi-judicial functions and are expected to conduct inquiries with fairness, impartiality, confidentiality and adherence to the principles of natural justice. Given the complexities involved in workplace inquiries including digital evidence, workplace power dynamics, retaliation concerns and procedural compliance, it is essential that inquiries are conducted in a manner that is both legally sound and sensitive to all stakeholders. while also supporting effective POSH Compliance.
1) Objectives of the POSH Framework
a. Prevent and prohibit workplace sexual harassment: The POSH Act aims to create safe workplaces by preventing sexual harassment and prohibiting all forms of unwelcome conduct of a sexual nature, including physical, verbal, non-verbal, written, visual and digital behaviour.
b. Provide an effective redressal mechanism: The Act establishes accessible, fair and time-bound complaint and inquiry procedures that ensure justice while adhering to the principles of natural justice, confidentiality and procedural fairness.
c. Protect women’s dignity and promote inclusive workplaces: Grounded in the constitutional principles of equality, dignity and non-discrimination, the Act seeks to foster workplaces based on respect, inclusion and zero tolerance towards sexual harassment.
d. Strengthen institutional accountability and encourage reporting: The Act places statutory obligations on employers to constitute Internal Committees, conduct awareness programmes and implement preventive measures, while building confidence in the redressal mechanism to encourage reporting without fear of retaliation.
2) What are the role and responsibilities of IC/LC Members?
Internal Committee and Local Committee members perform quasi-judicial functions under the POSH Act. They are expected to conduct every inquiry with fairness, impartiality, confidentiality, sensitivity and adherence to the principles of natural justice, ensuring that the rights and dignity of all parties are protected throughout the process.
a. Receive and inquire into complaints fairly: Members should receive complaints with sensitivity, assist complainants where necessary, conduct impartial inquiries free from bias or conflict of interest, and base their findings solely on the evidence presented.
b. Ensure procedural integrity and confidentiality: Committees must adhere to statutory timelines, maintain proper records, conduct systematic hearings, and preserve the confidentiality of the parties, witnesses, proceedings and inquiry findings.
c. Protect complainants and recommend appropriate action: Members should prevent retaliation or victimisation during the inquiry, recommend interim relief where necessary, and make reasoned recommendations based on the outcome of the inquiry.
Since Internal Committees (ICs) and Local Committees (LCs) perform quasi-judicial functions under the POSH Act, every inquiry must be guided by fundamental principles that ensure fairness and legal sustainability. The inquiry process should adhere to the principles of natural justice by providing both parties with a fair opportunity to be heard, while maintaining impartiality, neutrality and freedom from bias or preconceived notions. It must also follow a consistent and transparent procedure, uphold strict confidentiality of the parties and proceedings, and be conducted with sensitivity and respect for the dignity of all individuals involved. Further, Committees must function independently, free from external influence or institutional pressure, so that decisions are based solely on the evidence on record. Collectively, these principles reinforce the credibility, integrity and effectiveness of the POSH inquiry process.
3) Procedure before the Internal Committee (IC)
The process is designed to ensure procedural fairness, compliance with the principles of natural justice and timely disposal of complaints while safeguarding the rights of both the complainant and the respondent.
a. Initiation of the inquiry: The process begins with the filing of a written complaint that has to be done within 3 months, followed by a preliminary assessment of jurisdiction and limitation. The complaint is then shared with the respondent, who is given an opportunity to submit a written response. Conciliation may be attempted only if the complainant requests it in writing, and monetary settlement cannot form the basis of such conciliation.
b. Conduct of the inquiry: The Committee conducts hearings by providing both parties an equal opportunity to present their case. Evidence, including oral, documentary, digital and circumstantial evidence, is examined, and witness testimony may be recorded through appropriate methods, including written questionnaires where necessary to ensure fairness and sensitivity.
c. Decision-making and recommendations: After considering all the evidence, the Committee deliberates confidentially and records reasoned findings based on the preponderance of probabilities. It may recommend disciplinary action or other appropriate relief where allegations are substantiated, while ensuring that an unproven complaint is not automatically treated as malicious.
d. Closure and appeal: The inquiry must ordinarily be completed within 90 days, with the employer required to implement the recommendations within 60 days. Both parties have the statutory right to appeal against the Committee’s recommendations or their non-implementation.
4) Step-by-Step Procedure Before the Local Committee
Step 1: Receipt and Acknowledgement of Complaint
The complaint must be submitted in writing within three months of the incident, along with supporting documents and witness details. The LC may condone delays for sufficient cause and must assist women who are unable to file the complaint themselves.
Step 2: Check of Jurisdiction
The LC first verifies whether it has jurisdiction over the complaint, such as cases involving establishments without an Internal Committee, complaints against employers, or domestic workers. If an IC has jurisdiction, the complaint must be referred accordingly.
Step 3: Notice to the Respondent
A copy of the complaint and supporting documents must be sent to the respondent within seven working days. This ensures compliance with the principles of natural justice by allowing the respondent to know the allegations.
Step 4: Written Reply
The respondent is required to submit a written reply, along with supporting documents and witness details, within ten working days. This provides both parties with an equal opportunity to present their case.
Step 5: Conciliation
Conciliation may be undertaken only at the written request of the complainant and cannot involve any monetary settlement. If a settlement is reached, the inquiry concludes unless the settlement terms are violated.
Step 6: Constitution of the Committee
Every hearing must be conducted by a properly constituted Committee with at least three members, including the Chairperson. Members having any conflict of interest must recuse themselves to preserve impartiality.
Step 7: Interim Relief
During the inquiry, the LC may recommend interim measures such as transfer, additional leave or other protective arrangements to safeguard the complainant. These measures are preventive and not punitive.
Step 8: Conduct of the Inquiry
The Committee conducts the inquiry by examining witnesses and considering oral, documentary and digital evidence while following the principles of natural justice. Legal practitioners are not permitted to represent either party.
Step 9: Non-Appearance
If either party fails to appear for three consecutive hearings without sufficient cause, the Committee may proceed ex parte or terminate the proceedings after giving due notice.
Step 10: Completion of Inquiry
The inquiry should ordinarily be completed within 90 days from the date of receipt of the complaint, ensuring timely disposal of the matter.
Step 11: Inquiry Report
After completing the inquiry, the LC prepares a reasoned report and submits it to the District Officer within 10 days. Copies of the report must also be provided to both parties.
Step 12: Recommendations and Action
If the allegations are proved, the LC recommends appropriate disciplinary action and compensation. The District Officer is required to implement the recommendations within 60 days of receiving the report.
Step 13: Right to Appeal
Either party may challenge the Committee’s recommendations or their non-implementation by filing an appeal before the appropriate appellate authority within 90 days.
5) Examination of Witnesses During the Inquiry
- Examination-in-Chief: The complainant, respondent and their respective witnesses first present their version of events, either orally or through written statements. Their statements are recorded accurately and signed.
- Cross-Examination: The opposite party is given an opportunity to test or challenge the witness’s version. To protect the complainant, the Committee may permit cross-examination through written questionnaires instead of direct questioning.
- Re-Examination: After cross-examination, the party who called the witness may ask limited follow-up questions to clarify issues raised during cross-examination. No new matters can be introduced without the Committee’s permission.
6) Key highlights to keep in mind related to procedure for government departments
a. Service rules take precedence: Inquiries involving Government servants must be conducted in accordance with the applicable service rules, with the POSH Act operating alongside them.
b. Departmental inquiry procedure applies: The examination of witnesses, recording of evidence and overall disciplinary proceedings are governed by Rule 14 of the CCS (CCA) Rules, 1965, ensuring compliance with departmental disciplinary procedures.
c. Representation differs from general POSH inquiries: Unlike proceedings before an Internal Committee in the private sector, Government servants may be assisted by a Defence Assistant and, in limited circumstances, may also be permitted legal representation.
An effective POSH inquiry is not determined solely by its outcome but by the fairness, transparency and integrity of the process followed. A legally sustainable inquiry requires strict adherence to the principles of natural justice, procedural fairness, confidentiality and impartiality, while ensuring that both the complainant and the respondent are given an equal opportunity to present their case. By following the prescribed procedures under the POSH Act and the applicable service rules, where relevant, Internal Committees and Local Committees can conduct inquiries that inspire confidence, protect the rights and dignity of all stakeholders, and contribute towards creating safer, more inclusive and respectful workplaces.
Download the POSH Handbook
For a practical reference on POSH compliance, workplace sexual harassment prevention and inquiry procedures, download our POSH Handbook. It is a useful resource for Internal Committee (IC) and Local Committee (LC) members, HR professionals and organisations looking to strengthen their understanding of the POSH framework.