Conciliation under the POSH Act: Section 10

Before starting an inquiry, the Internal Committee or the Local Committee may try to settle a complaint through conciliation. Section 10 allows this only at the aggrieved woman's request and forbids any monetary settlement as its basis. A settlement ends the inquiry, but if the respondent breaks a term of it, the woman can take the complaint back to the committee. This note covers section 10 and its link with section 11.

1. The Scheme of Section 10

Conciliation, step by step

Figure 1: Conciliation, step by step

Section 10(1). The committee may, before initiating an inquiry under s.11 and at the request of the aggrieved woman, take steps to settle the matter between her and the respondent through conciliation.
Proviso. No monetary settlement shall be made as a basis of conciliation.
Section 10(2). Where a settlement is arrived at, the committee shall record it and forward it to the employer or the District Officer to take action as specified in the recommendation.
Section 10(3). The committee shall provide copies of the recorded settlement to the aggrieved woman and the respondent.
Section 10(4). Where a settlement is arrived at, no further inquiry shall be conducted by the committee.

2. The Key Features

Her choice alone. Conciliation starts only on the woman's request. The committee cannot propose it on its own, and the respondent cannot insist on it.
Before the inquiry. The provision speaks of steps before initiating the inquiry; once the inquiry runs its course, the outcome is a report under s.13.
Discretionary. The words are 'may take steps'. A request does not oblige the committee to reach a settlement, and conciliation is not a precondition for an inquiry.
No money. Payment cannot be the basis of the settlement, so the process cannot be used to buy off a complaint.
Committee as recorder. The committee records the settlement and sends it to the employer or District Officer, who acts on it.

3. Conciliation and Inquiry Compared

Section 10 and section 11

Figure 2: Section 10 and section 11

4. When the Settlement Is Breached

First proviso to section 11(1)

Figure 3: First proviso to section 11(1)

The bar on further inquiry in s.10(4) is not absolute. Under the first proviso to s.11(1), where the aggrieved woman informs the committee that a term or condition of the s.10(2) settlement has not been complied with by the respondent, the committee shall proceed to make an inquiry into the complaint or, as the case may be, forward the complaint to the police.

⚠ Exam trap

Conciliation under s.10 is optional and can begin only at the request of the aggrieved woman, before the inquiry starts. No monetary settlement can be its basis. The settlement is recorded and forwarded to the employer or District Officer, with copies to both parties, and no further inquiry follows. If the respondent breaks a term, the woman informs the committee, which then inquires into the complaint or forwards it to the police under the first proviso to s.11(1).

5. Frequently Asked Questions

Can the respondent ask for conciliation under the POSH Act?

No. Section 10(1) allows the committee to take steps towards conciliation only at the request of the aggrieved woman. Neither the respondent nor the employer can start it.

Can a POSH complaint be settled by paying money?

No. The proviso to s.10(1) states that no monetary settlement shall be made as a basis of conciliation. Compensation is a separate matter, decided under s.15 after an inquiry finds the allegation proved.

What happens if the respondent does not honour the settlement?

The aggrieved woman informs the committee. Under the first proviso to s.11(1), the committee then proceeds with an inquiry into the complaint or forwards it to the police.

6. Related Topics

Topic 9: Filing a Complaint, Section 9. What comes before.
Topic 11: Inquiry into a Complaint, Section 11. Where no settlement is reached.
Topic 16: Compensation, Section 15. Money after a finding, not as a settlement.