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...
The Protection of Women from Sexual Harassment (POSH) Act, 2013 , primarily aims to prevent and redress sexual harassment of women at the workplace. While the Act is designed to protect the rights and dignity of women who are victims of sexual harassment, it also includes provisions to ensure that the accused individuals are treated fairly and have their rights upheld. Here are some key rights of the accused under the POSH Act: Right to a Fair and Impartial Inquiry: The accused has the right to a fair and impartial inquiry into the allegations of sexual harassment. The Internal Complaints Committee (ICC) or the Local Complaints Committee (LCC), responsible for conducting the inquiry, must ensure that the process is unbiased and follows the principles of natural justice. Right to Be Informed: The accused has the right to be informed of the allegations made against them. They should receive a written complaint or notice detailing the charges and any evidence provided by the co...