Internal Complaints Committee under the POSH Act: Section 4

The Internal Complaints Committee is the heart of the POSH Act. It receives complaints, attempts conciliation where asked, conducts the inquiry, and recommends action to the employer. Section 4 obliges every employer to constitute one and prescribes its composition in detail, including a senior woman as Presiding Officer, an external member, and a majority or equal share of women. Because the committee's findings can end careers, courts insist on strict compliance with these requirements. This note covers constitution, composition, tenure and removal.

1. Constitution

Section 4(1). Every employer of a workplace shall, by an order in writing, constitute a committee known as the Internal Complaints Committee.
Multiple locations. Where the offices or administrative units are at different places or at divisional or sub-divisional level, an Internal Committee shall be constituted at all administrative units or offices.
Ten employees. Read with s.6(1), an Internal Committee is required where the workplace has ten or more workers. Complaints from workplaces with fewer than ten workers go to the Local Committee (Topic 7)

2. Composition

Members nominated by the employer, s.4(2)

Figure 1: Members nominated by the employer, s.4(2)

Presiding Officer, s.4(2)(a). A woman employed at a senior level at the workplace. If none is available, she is nominated from other offices or units of the workplace; failing that, from any other workplace of the same employer or another department or organisation.
Employee members, s.4(2)(b). Not less than two members from among the employees, preferably committed to the cause of women, or with experience in social work or legal knowledge.
External member, s.4(2)(c). One member from a non-governmental organisation or association committed to the cause of women, or a person familiar with issues relating to sexual harassment. This member brings independence to the process.
Women members. At least one-half of the members nominated must be women.

3. Tenure, Fees and Removal

Section 4(1), (3), (4) and (5)

Figure 2: Section 4(1), (3), (4) and (5)

Tenure. The Presiding Officer and members hold office for such period, not exceeding three years from nomination, as the employer specifies.
Removal, s.4(5). A member who breaches confidentiality under s.16, is convicted or faces a pending criminal inquiry, is found guilty in or faces pending disciplinary proceedings, or abuses the position so that continuance is prejudicial to the public interest, shall be removed, and the vacancy filled by fresh nomination.
Defective constitution. A committee constituted in breach of s.4, for example without an external member or a woman Presiding Officer, may render the inquiry vulnerable to challenge. The Supreme Court has stressed proper constitution in Aureliano Fernandes v State of Goa (2023) (Topic 8)

⚠ Exam trap

The Internal Complaints Committee is constituted by written order of the employer, at every office or administrative unit. It has a Presiding Officer who is a senior woman employee, at least two employee members, and one external member from an NGO or familiar with sexual harassment issues; at least half must be women. Tenure is up to three years. Removal is mandatory for breach of confidentiality, criminal or disciplinary proceedings, or abuse of position (s.4(5)).

4. Frequently Asked Questions

Who must head the Internal Complaints Committee?

A woman employed at a senior level at the workplace, as Presiding Officer under s.4(2)(a). If none is available, she may be nominated from other offices or units of the workplace, or from another workplace of the same employer or another department or organisation.

Is an external member mandatory on the Internal Committee?

Yes. Section 4(2)(c) requires one member from a non-governmental organisation or association committed to the cause of women, or a person familiar with issues relating to sexual harassment. The external member is paid fees or allowances by the employer as prescribed.

5. Related Topics

Topic 7: District Officer and Local Committee. The committee for smaller workplaces.
Topic 8: Constitution and Functioning of Committees in Practice. Supreme Court directions.