How must an employer constitute the Internal Committee under the POSH Act and within what timelines must it act?

Question

I want to understand the legal requirements for how the Internal Committee at my workplace should be set up and the timelines it must follow once a complaint is filed. I would rather settle this without going to court if the law allows it, but I need to know my rights before I sign anything. Please tell me what to do first and what document to keep.

MyVakeel Legal Desk · Accepted Answer

Under Indian law, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, Section 4 is the starting point for this labour law question. What follows is the position in substance, together with the steps that usually make the difference in practice.

Section 4 requires every employer with 10 or more employees to constitute an Internal Committee headed by a woman employee in a senior position, with at least two members from among employees committed to the cause of women and one external member from an NGO or an association working on women's issues.

The external member is mandatory and cannot be substituted with an internal employee, and courts have quashed Internal Committee findings rendered by a committee lacking a valid external member as improperly constituted.

Under Section 9, a complaint must be filed within three months of the incident, extendable by a further three months if the Committee is satisfied there were sufficient reasons preventing the woman from filing earlier.

Section 11 requires the Internal Committee to complete the inquiry within ninety days of receiving the complaint, and to submit its report to the employer within ten days of completing the inquiry.

Failure to constitute a valid Internal Committee or to complete the inquiry within the prescribed timeline can attract a penalty on the employer under Section 26, including cancellation of business licences on repeated default.

Practical steps: 1) Verify whether the workplace has a validly constituted Internal Committee with an external member; 2) File the written complaint within three months of the incident, requesting an extension if delayed for valid reasons; 3) Track the ninety-day inquiry timeline and raise it in writing if the Committee delays; 4) Escalate to the Local Committee or the District Officer if no valid Internal Committee exists.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — remedies under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, Section 4 carry limitation periods, and unexplained delay weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in labour law.