The Internal Committee (IC) is the adjudicatory cornerstone of the POSH framework. Mandated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the IC functions as a quasi-judicial body tasked with conducting fair and time-bound inquiries into complaints of workplace sexual harassment. The composition of the IC is legally prescribed: a senior woman employee as Presiding Officer, at least two internal members committed to women’s causes or legal knowledge, and one independent external member. Improper constitution may invalidate proceedings and expose the employer to statutory penalty. The independence and competence of the external member are particularly critical to ensure neutrality. The IC has powers similar to those of a civil court for summoning witnesses, requiring document production, and recording evidence. It must adhere to principles of natural justice providing both parties an opportunity to be heard, permitting cross-questio...
Introduction Workplace sexual harassment results in employee attrition and is a serious issue that affects many employees around the world. Seven out of ten women who leave a workplace due to an experience of workplace sexual harassment do so without informing their employer. This is a troubling statistic that raises questions about why so many victims of workplace sexual harassment do not come forward. In this article, we will explore some of the reasons why employees do not file a complaint of workplace sexual harassment, AND, as an employer, what is it that you can do to change this. Reasons for not reporting workplace sexual harassment Fear of Retaliation One of the main reasons why employees do not file a complaint of workplace sexual harassment is fear of retaliation. Victims may worry that they will be retaliated against by their harasser, their supervisor, or other co-workers if they report the harassment. Retaliation can take many forms, including being demote...