An Internal Complaints Committee under the POSH Act must be properly constituted before a complaint arrives: a Presiding Officer who is a senior woman employee, at least two members from among employees, and one external member from an NGO or with relevant legal experience, with at least half the members being women. Most POSH proceedings that later collapse do so because of composition and record-keeping defects rather than the merits — written appointment records, consistent notices and confidentiality discipline matter as much as the finding itself.
Scope and jurisdiction at a glance
- Which employers must constitute an ICC
- Every employer of a workplace with ten or more employees must constitute an Internal Committee under Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013. Where the workplace has fewer than ten employees, or the complaint is against the employer, the complaint goes to the Local Committee constituted by the District Officer.
- Composition
- Section 4 prescribes the composition, and defects here are what most often undo an inquiry:
- A Presiding Officer who is a woman employed at a senior level at the workplace.
- Not less than two members from among employees, preferably committed to the cause of women or having experience in social work or legal knowledge.
- One member from a non-governmental organisation or association committed to the cause of women, or a person familiar with issues relating to sexual harassment.
- At least one half of the total members nominated must be women.
- Who can complain
- An aggrieved woman may make a complaint. Where she is unable to do so by reason of physical or mental incapacity or death, the Act permits her legal heir or other prescribed persons to complain on her behalf.
- Time limit
- A complaint must be made within three months of the incident, or within three months of the last incident in a series. The Committee may extend that period by a further three months where it records reasons in writing for being satisfied that circumstances prevented a timely complaint.
- Timelines for the inquiry
- The inquiry must be completed within ninety days. The Committee's report goes to the employer within ten days of completion, and the employer must act on the recommendations within sixty days.
- Appeal
- A person aggrieved by the recommendations or by non-implementation may appeal under Section 18 within ninety days, to the court or tribunal specified in the service rules or, where none apply, as prescribed.
- Conciliation
- Section 10 permits the Committee to attempt conciliation at the aggrieved woman's request before initiating an inquiry, but no monetary settlement may be made the basis of conciliation.
For many organizations, POSH compliance is treated as a checklist item until a complaint arrives. That is usually when structural defects in the Internal Complaints Committee become obvious. An improperly constituted committee, poor record-keeping, inconsistent notices, or a casual approach to confidentiality can undermine the process for everyone involved.
The safer approach is to treat the ICC as a standing institutional mechanism rather than a symbolic body. Employers need the right constitution, clear process documents, trained members, and a defensible inquiry framework. Employees, founders, and HR leaders also need to understand that procedural fairness is part of compliance, not an optional courtesy.
Constitution comes first
An ICC must be constituted in the form required by law, including a Presiding Officer and an external member with relevant knowledge or experience. In practice, one of the most common mistakes is naming people informally without documenting their appointment, tenure, and role. Another is treating the external member as a name on paper rather than an active participant in the process.
Written appointment records matter
Board resolutions, appointment letters, committee lists, contact details, and policy references should align. If the organization cannot produce a coherent paper trail showing who the ICC members are and how they were appointed, that weakness may surface quickly in a challenged inquiry or in later litigation.
Process integrity matters as much as composition
- Notice to both sides should be clear and consistent.
- Meeting records and procedural steps should be documented contemporaneously.
- Confidentiality should be preserved internally and externally.
- The inquiry should be fair to the complainant and the respondent alike.
- The final report should show reasoning, not only conclusions.
Recurring compliance failures
Organizations often run into trouble by combining HR discussions with ICC proceedings, by allowing informal interference from management, or by handling evidence casually. Another recurring problem is failing to train managers on how complaints should be escalated. A case that starts as a manageable internal issue can become high-risk simply because early handling was unstructured.
The ICC matters to both employers and employees
Employers need a validly constituted, well-documented committee to manage complaints defensibly and meet their statutory obligations. Employees need to understand whether the body hearing their complaint is properly formed and whether the process being followed is legally sound. When either side is uncertain about these fundamentals, the inquiry itself becomes fragile.
In POSH matters, Vikram Singh Kushwaha has advised on compliance structures, inquiry process, and dispute-sensitive documentation where procedural fairness is central.
A sound POSH framework protects both complainants and institutions by making the process credible, timely, and capable of standing scrutiny if later challenged.
Frequently asked questions about POSH ICC requirements
Which employers must have an Internal Complaints Committee under POSH?
Every workplace with 10 or more employees must constitute an Internal Complaints Committee under the POSH Act. Smaller workplaces and complaints against the employer usually go to the Local Committee.
Who should be on a POSH Internal Complaints Committee?
The ICC must include a woman Presiding Officer employed at a senior level, employee members committed to women's issues or legal/social work, and an external member from an NGO, association, or person familiar with sexual-harassment issues.
Can a POSH inquiry be challenged for procedural defects?
Yes. Defects in ICC constitution, notice, opportunity to respond, confidentiality, evidence handling, or reasoned findings can make an inquiry vulnerable to challenge by either side.
Making a complaint of sexual harassment at work? The POSH Complaint Self-Help Pack gives you the ready-to-edit letters, replies and checklist for exactly this situation — drafted by Advocate Kushwaha and delivered instantly.
Get the POSH Complaint pack — ₹499Need help with POSH committee setup or a live inquiry?
Share the existing committee composition, policy, and procedural stage for a focused review.
Consultation & feesIC constitution defects invalidate inquiries — have a POSH compliance lawyer in Delhi audit your committee before a complaint tests it.