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 have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

How must an employer constitute the Internal Committee under the POSH Act and within what timelines must it act? is governed in India primarily by Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, Section 4, POSH Act 2013, Section 11 and POSH Act 2013, Section 9. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

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.

What to do next: 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 — most remedies under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, Section 4 carry limitation periods, and a delay you cannot explain 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 this practice area.