Can I sue my employer for not having an Internal Committee under POSH?

Question

My company has more than 50 employees but has never set up an Internal Committee as required under the POSH Act. What can I do? 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

Can I sue my employer for not having an Internal Committee under POSH? is governed in India primarily by POSH Act 2013, Section 4, POSH Act 2013, Section 26 and POSH Act 2013, Section 19. 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 makes it mandatory for every employer with 10 or more employees to constitute an Internal Committee at each office or branch, and failure to do so is a distinct statutory violation.

Section 26 prescribes a fine up to Rs 50,000 for an employer's failure to constitute the Internal Committee, with repeated contravention attracting double the punishment and possible cancellation of business licence.

Section 19 casts a duty on the employer to organise workshops and awareness programmes, display the consequences of sexual harassment, and provide assistance to the woman if she chooses to file a police complaint.

In the absence of an Internal Committee, an aggrieved employee can approach the Local Committee constituted at the district level under Section 6, which has the same powers as the Internal Committee for that establishment.

You can also file a complaint with the labour department or write to the District Officer highlighting the employer's non-compliance, which can trigger regulatory action independent of your individual harassment complaint.

What to do next: 1) Write to your employer's HR and top management demanding immediate constitution of the Internal Committee; 2) File your harassment complaint directly with the Local Committee if no Internal Committee exists; 3) Report the non-compliance to the District Officer under the POSH Act for penal action against the employer; 4) Consult a lawyer to explore parallel remedies including a police complaint if the underlying conduct is criminal.

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 POSH 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.