Internal Complaint Committee Under Posh

Internal Complaint Committee Under Posh. The increasing instances of sexual harassment of working women across various sectors in India necessitated a strong legislative framework to ensure their safety and dignity at the workplace. Responding to this critical need, the Hon’ble Supreme Court, in the landmark case of Vishaka and Others v. State of Rajasthan and Others [(1997) 7 SCC 323], laid down the “Vishakha Guidelines.” These guidelines served as the first formal attempt to address workplace sexual harassment until the enactment of a comprehensive law.
In the Vishakha Guidelines, the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 commonly known as the POSH Act marked a significant step toward ensuring a safe work environment for women. One of the key provisions under the Act is the establishment of an Internal Complaints Committee (ICC) at every workplace with ten or more employees. The ICC is tasked with preventing, prohibiting, and redressing complaints related to sexual harassment in a fair and timely manner. It provides an accessible and confidential platform for aggrieved women to raise their concerns, thereby promoting a culture of respect, accountability, and zero tolerance for harassment.
What is the Internal Complaints Committee (ICC) under the POSH Act?
The Internal Complaints Committee (ICC) is a mandatory body that every employer is legally required to constitute under Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act. The ICC serves as the in-house mechanism for receiving and redressing complaints of sexual harassment at the workplace. It must be constituted at every office or branch of an organization where 10 or more employees are working, whether in the public or private sector.
The ICC plays a important role in ensuring the implementation of the POSH law by providing a fair, confidential, and accessible platform for aggrieved women to raise complaints.
Composition of the Internal Complaints Committee (ICC)
As per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, every employer is mandated to constitute an Internal Complaints Committee (ICC) at each administrative unit, office, or branch of the organization with 10 or more employees. The ICC plays a important role in preventing and addressing complaints of sexual harassment and is required to function in accordance with the Internal Complaints Committee Policy.
To ensure neutrality, representation, and sensitivity in handling such matters, the law prescribes a specific structure for the ICC. The committee must comprise a minimum of four members, as follows:
Presiding Officer

The Presiding Officer must be a woman employed at a senior level in the organization.

She should be someone who holds authority, experience, and respect within the company.

Her role is to lead the committee, conduct meetings, and ensure fair inquiry procedures in accordance with the POSH law.

Internal Members

The committee must include at least two members from among the employees.

These members should preferably:

Be committed to the cause of women, or

Have experience in social work, or

Possess legal knowledge relevant to issues of gender rights and harassment.

Their inclusion helps ensure that the inquiry is handled with empathy, awareness, and legal sensitivity.

External Member

One member must be appointed from outside the organization.

This person can be:

A member of a non-governmental organization (NGO), or

A person who is familiar with issues relating to sexual harassment.

The presence of an external member ensures independence, objectivity, and transparency in the proceedings. It also brings in expert insight and helps avoid internal biases.

Gender Representation

At least 50% of the total ICC members must be women.

This is a critical requirement to ensure that the committee remains sensitive to the experiences of women and promotes trust and confidence among complainants.

Functions of the Internal Complaints Committee (ICC)
The Internal Complaints Committee plays a crucial role in ensuring a safe and respectful workplace for all employees. Its core functions include:

Implementation of POSH Policies: Ensuring the effective implementation of policies and guidelines related to the prevention of sexual harassment at the workplace.

Receiving and Inquiring into Complaints: Accepting written complaints of sexual harassment from aggrieved women and conducting a fair, impartial, and timely inquiry.

Following Principles of Natural Justice: Conducting proceedings in a neutral and unbiased manner while respecting the rights of both the complainant and the respondent, as the ICC holds quasi-judicial powers similar to a civil court.

Recommending Disciplinary Actions: Based on the findings of the inquiry, the ICC recommends appropriate actions to the employer, which may include a written apology, warning, suspension, termination, or legal action.

Maintaining Confidentiality: Ensuring strict confidentiality throughout the inquiry process, in accordance with the POSH Act.

Providing Assistance to Aggrieved Women: Helping the complainant in filing the complaint and guiding her through the process, including assisting in police complaints if needed.

Reporting and Record Keeping: Submitting annual reports to the employer with details of complaints received, resolved, and pending, and maintaining proper records of all proceedings.

Redressal Procedure of the Internal Complaints Committee (ICC)
The Internal Complaints Committee (ICC) is the key mechanism under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 popularly known as the POSH Act. It is the primary body responsible for ensuring fair and efficient redressal of complaints of sexual harassment at the workplace.
The redressal procedure under the ICC is designed to uphold the principles of natural justice, ensure confidentiality, and create a safe and harassment-free workplace for women. The procedure includes the following stages:
Filing of Complaint
An aggrieved woman can file a written complaint of sexual harassment to the Internal Complaints Committee (ICC) within three months from the date of the incident. In cases involving a series of incidents, the complaint must be filed within three months from the date of the last incident.
The complaint must be in written form, either physically submitted or sent through email.
If the woman is physically or mentally incapacitated, or unable to file the complaint herself due to any other reason, a complaint may be made on her behalf by:

A relative or friend

A co-worker

An officer of the National or State Women’s Commission

Any other person having knowledge of the incident, with the woman’s written consent

Attempt at Conciliation (Optional & Voluntary)
Before initiating a formal inquiry, the POSH Act provides an opportunity for conciliation, but only if the complainant requests it in writing.
Procedure for Conciliation:
The ICC may facilitate a mutual settlement between the complainant and the respondent.
Monetary compensation cannot be a basis of settlement under any circumstance.
If a settlement is reached, the ICC:

Records the terms of the agreement in writing.

Forwards it to the employer for implementation of the recommended actions.

Provides copies of the settlement to both parties.

If the settlement is successfully executed, no further inquiry is conducted.
However, if the respondent fails to comply with any term of the settlement, the complainant can make a fresh written complaint to initiate a formal inquiry.
Conciliation is aimed at quick and informal resolution of issues without a full inquiry, but it respects the complainant’s autonomy it cannot be forced.
Formal Inquiry
If conciliation fails, or is not initiated, the ICC is mandated to conduct a detailed and time-bound inquiry into the complaint.
Steps in the Inquiry Process:
Notice to Respondent: Within 7 working days of receiving the complaint, the ICC must send a copy to the respondent and seek a written response.
Response Submission: The respondent must submit a reply within 10 working days, along with:

Supporting documents

List of witnesses (if any)

No Legal Representation:
 As per POSH Rules, neither the complainant nor the respondent is allowed to be represented by a lawyer during the ICC proceedings.
Hearings and Evidence:
The ICC:

Schedules hearings in advance and informs both parties.

Gives equal opportunity to both sides to present their case.

May call witnesses, request evidence, and examine records.

Must follow natural justice principles, i.e., neutrality, non-bias, and right to be heard.

Non-appearance Clause:
If either party fails to appear for three consecutive scheduled hearings without valid reason, the ICC may:

Proceed ex parte (in their absence), or

Terminate the inquiry.

However, before doing so, the ICC must issue a 15-day written notice to the concerned party.
Timelines:
The entire inquiry process must be completed within 90 days from the date of receipt of the complaint.
The ICC must submit its findings and recommendations in writing to the employer, complainant, and respondent within 10 days of concluding the inquiry.
Interim Relief During Inquiry
To ensure the safety and dignity of the complainant during the inquiry process, the ICC may recommend interim measures to the employer upon a written request from the complainant.
These may include:

Transfer of either the complainant or respondent to another workplace.

Granting leave to the complainant for up to three months, in addition to her regular entitlements.

Restraining the respondent from reporting or reviewing the performance of the complainant.

Any other relief considered appropriate to prevent further trauma.

These measures are not punishments, but temporary safeguards to protect the interests of the complainant during the inquiry.
Final Report and Recommendations
After completing the inquiry:
The ICC prepares a written report containing:

Its findings (whether the complaint is upheld or not)

Recommendations for action

This report is submitted within 10 days of completion to:

The employer or concerned authority

The complainant

The respondent

If the complaint is substantiated, the ICC may recommend:
Disciplinary action such as:

Written apology

Warning, reprimand

Deduction from salary

Suspension or termination

Compensation to the complainant, as per guidelines under the Act
If the complaint is not proven, the ICC may recommend closure of the case, ensuring the respondent’s reputation is not unfairly affected.
Compensation Guidelines
If the ICC finds merit in the complaint, it may recommend compensation to be paid to the aggrieved woman. Factors considered include:

Mental trauma, pain, suffering, and emotional distress

Loss of career opportunities

Medical expenses incurred (for physical or psychological treatment)

Income and status of the respondent

Feasibility of paying the compensation in lump sum or instalments

This ensures restorative justice to the victim, beyond just punitive action.
External Redressal: Local Committee (LC) and She-Box
If the complaint is against the employer or in cases where an ICC has not been constituted (especially in establishments with less than 10 employees), the complaint can be made to the Local Complaints Committee (LCC) at the district level.
Further, the Ministry of Women & Child Development has launched an online complaint platform called She-Box (Sexual Harassment Electronic Box) on 24th July 2017.

Available for Central Government employees and visitors.

Complaints are directly forwarded to the ICC of the concerned department.

Both complainant and authorities can track the progress of the inquiry.

This platform increases accessibility, transparency, and convenience in filing and monitoring complaints.
Conclusion
The establishment and effective functioning of the Internal Complaints Committee (ICC) are important steps toward creating a workplace that is safe, inclusive, and free from sexual harassment. With a structured composition that ensures gender balance and representation from both internal and external members, the ICC is empowered to act impartially and with sensitivity. By following the redressal process laid out under the law including conciliation, inquiry, and appropriate relief the ICC ensures justice for the aggrieved while also protecting the rights of the accused. Employers must not only constitute the committee as mandated but also ensure its members are well-trained, and that employees are made aware of its existence and functioning. Ultimately, the ICC serves not just as a grievance redressal body but also as a pillar of trust, contributing to a culture of respect, equality, and professionalism in the workplace.
Frequently Asked Questions (FAQs)
Q1. What is the Internal Complaints Committee (ICC)?
Ans. The ICC is a mandatory body constituted by every employer under the POSH Act, 2013, to address complaints of sexual harassment at the workplace and ensure a safe and respectful environment for all employees.
Q2. Who should be part of the ICC?
 Ans. The committee must consist of at least four members:

A senior-level woman employee as the Presiding Officer,

Two employees with experience in social work/legal knowledge or commitment to women's issues, and

One external member from an NGO or similar organization familiar with sexual harassment matters.

At least 50% of the committee members must be women.
Q3. Is it mandatory to have an ICC in every company?
 Ans. Yes, any organization with 10 or more employees is legally required to constitute an ICC at each office or administrative unit.
Q4. Can men file complaints with the ICC?
 Ans. No, the POSH Act specifically addresses the protection of women from sexual harassment at the workplace. Male employees may follow the organization’s general grievance redressal mechanism for other complaints.
Q5. What is the time limit for filing a complaint?
 Ans. A woman must file the complaint within 3 months from the date of the incident, or from the date of the last incident in a series of incidents. The ICC may extend the time limit by another 3 months if justified.
Q6. Can a complaint be withdrawn after filing?
 Ans. Yes, a complaint can be settled through conciliation (except monetary settlement) at the request of the complainant, before the start of the formal inquiry.
Q7. Can legal representation be allowed during the inquiry?
 Ans. No, neither the complainant nor the respondent is allowed to bring a legal practitioner during the ICC proceedings.
Q8. What actions can the ICC recommend after the inquiry?
 Ans. The ICC may recommend disciplinary action against the respondent, including a warning, reprimand, termination, or deduction of salary as compensation, depending on the severity of the misconduct.
Q9. What if the ICC’s decision is not satisfactory to the parties?
 Either party may challenge the ICC’s decision by appealing to the appropriate authority or court within 90 days of the recommendation.
Q10. What is She-Box?
 Ans. She-Box (Sexual Harassment Electronic Box) is an online platform launched by the Ministry of Women & Child Development for women to register sexual harassment complaints at the workplace. It forwards the complaint to the concerned ICC for redressal and allows monitoring of the case.

The increasing instances of sexual harassment of working women across various sectors in India necessitated a strong legislative framework to ensure their safety and dignity at the workplace. Responding to this critical need, the Hon’ble Supreme Court, in the landmark case of Vishaka and Others v. State of Rajasthan and Others [(1997) 7 SCC 323], laid down the “Vishakha Guidelines.” These guidelines served as the first formal attempt to address workplace sexual harassment until the enactment of a comprehensive law.

In the Vishakha Guidelines, the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 commonly known as the POSH Act marked a significant step toward ensuring a safe work environment for women. One of the key provisions under the Act is the establishment of an Internal Complaints Committee (ICC) at every workplace with ten or more employees. The ICC is tasked with preventing, prohibiting, and redressing complaints related to sexual harassment in a fair and timely manner. It provides an accessible and confidential platform for aggrieved women to raise their concerns, thereby promoting a culture of respect, accountability, and zero tolerance for harassment.

What is the Internal Complaints Committee (ICC) under the POSH Act?

The Internal Complaints Committee (ICC) is a mandatory body that every employer is legally required to constitute under Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act. The ICC serves as the in-house mechanism for receiving and redressing complaints of sexual harassment at the workplace. It must be constituted at every office or branch of an organization where 10 or more employees are working, whether in the public or private sector.

The ICC plays a important role in ensuring the implementation of the POSH law by providing a fair, confidential, and accessible platform for aggrieved women to raise complaints.

Composition of the Internal Complaints Committee (ICC)

As per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, every employer is mandated to constitute an Internal Complaints Committee (ICC) at each administrative unit, office, or branch of the organization with 10 or more employees. The ICC plays a important role in preventing and addressing complaints of sexual harassment and is required to function in accordance with the Internal Complaints Committee Policy.

To ensure neutrality, representation, and sensitivity in handling such matters, the law prescribes a specific structure for the ICC. The committee must comprise a minimum of four members, as follows:

Presiding Officer

The Presiding Officer must be a woman employed at a senior level in the organization.
She should be someone who holds authority, experience, and respect within the company.
Her role is to lead the committee, conduct meetings, and ensure fair inquiry procedures in accordance with the POSH law.

Internal Members

The committee must include at least two members from among the employees.
These members should preferably:

Be committed to the cause of women, or
Have experience in social work, or
Possess legal knowledge relevant to issues of gender rights and harassment.

Their inclusion helps ensure that the inquiry is handled with empathy, awareness, and legal sensitivity.

External Member

One member must be appointed from outside the organization.
This person can be:

A member of a non-governmental organization (NGO), or
A person who is familiar with issues relating to sexual harassment.

The presence of an external member ensures independence, objectivity, and transparency in the proceedings. It also brings in expert insight and helps avoid internal biases.

Gender Representation

At least 50% of the total ICC members must be women.
This is a critical requirement to ensure that the committee remains sensitive to the experiences of women and promotes trust and confidence among complainants.

Functions of the Internal Complaints Committee (ICC)

The Internal Complaints Committee plays a crucial role in ensuring a safe and respectful workplace for all employees. Its core functions include:

Implementation of POSH Policies: Ensuring the effective implementation of policies and guidelines related to the prevention of sexual harassment at the workplace.
Receiving and Inquiring into Complaints: Accepting written complaints of sexual harassment from aggrieved women and conducting a fair, impartial, and timely inquiry.
Following Principles of Natural Justice: Conducting proceedings in a neutral and unbiased manner while respecting the rights of both the complainant and the respondent, as the ICC holds quasi-judicial powers similar to a civil court.
Recommending Disciplinary Actions: Based on the findings of the inquiry, the ICC recommends appropriate actions to the employer, which may include a written apology, warning, suspension, termination, or legal action.
Maintaining Confidentiality: Ensuring strict confidentiality throughout the inquiry process, in accordance with the POSH Act.
Providing Assistance to Aggrieved Women: Helping the complainant in filing the complaint and guiding her through the process, including assisting in police complaints if needed.
Reporting and Record Keeping: Submitting annual reports to the employer with details of complaints received, resolved, and pending, and maintaining proper records of all proceedings.

Redressal Procedure of the Internal Complaints Committee (ICC)

The Internal Complaints Committee (ICC) is the key mechanism under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 popularly known as the POSH Act. It is the primary body responsible for ensuring fair and efficient redressal of complaints of sexual harassment at the workplace.

The redressal procedure under the ICC is designed to uphold the principles of natural justice, ensure confidentiality, and create a safe and harassment-free workplace for women. The procedure includes the following stages:

Filing of Complaint

An aggrieved woman can file a written complaint of sexual harassment to the Internal Complaints Committee (ICC) within three months from the date of the incident. In cases involving a series of incidents, the complaint must be filed within three months from the date of the last incident.

The complaint must be in written form, either physically submitted or sent through email.

If the woman is physically or mentally incapacitated, or unable to file the complaint herself due to any other reason, a complaint may be made on her behalf by:

A relative or friend
A co-worker
An officer of the National or State Women’s Commission
Any other person having knowledge of the incident, with the woman’s written consent

Attempt at Conciliation (Optional & Voluntary)

Before initiating a formal inquiry, the POSH Act provides an opportunity for conciliation, but only if the complainant requests it in writing.

Procedure for Conciliation:

The ICC may facilitate a mutual settlement between the complainant and the respondent.

Monetary compensation cannot be a basis of settlement under any circumstance.

If a settlement is reached, the ICC:

Records the terms of the agreement in writing.
Forwards it to the employer for implementation of the recommended actions.
Provides copies of the settlement to both parties.

If the settlement is successfully executed, no further inquiry is conducted.

However, if the respondent fails to comply with any term of the settlement, the complainant can make a fresh written complaint to initiate a formal inquiry.

Conciliation is aimed at quick and informal resolution of issues without a full inquiry, but it respects the complainant’s autonomy it cannot be forced.

Formal Inquiry

If conciliation fails, or is not initiated, the ICC is mandated to conduct a detailed and time-bound inquiry into the complaint.

Steps in the Inquiry Process:

Notice to Respondent: Within 7 working days of receiving the complaint, the ICC must send a copy to the respondent and seek a written response.

Response Submission: The respondent must submit a reply within 10 working days, along with:

Supporting documents
List of witnesses (if any)

No Legal Representation:

As per POSH Rules, neither the complainant nor the respondent is allowed to be represented by a lawyer during the ICC proceedings.

Hearings and Evidence:

The ICC:

Schedules hearings in advance and informs both parties.
Gives equal opportunity to both sides to present their case.
May call witnesses, request evidence, and examine records.
Must follow natural justice principles, i.e., neutrality, non-bias, and right to be heard.

Non-appearance Clause:

If either party fails to appear for three consecutive scheduled hearings without valid reason, the ICC may:

Proceed ex parte (in their absence), or
Terminate the inquiry.

However, before doing so, the ICC must issue a 15-day written notice to the concerned party.

Timelines:

The entire inquiry process must be completed within 90 days from the date of receipt of the complaint.

The ICC must submit its findings and recommendations in writing to the employer, complainant, and respondent within 10 days of concluding the inquiry.

Interim Relief During Inquiry

To ensure the safety and dignity of the complainant during the inquiry process, the ICC may recommend interim measures to the employer upon a written request from the complainant.

These may include:

Transfer of either the complainant or respondent to another workplace.
Granting leave to the complainant for up to three months, in addition to her regular entitlements.
Restraining the respondent from reporting or reviewing the performance of the complainant.
Any other relief considered appropriate to prevent further trauma.

These measures are not punishments, but temporary safeguards to protect the interests of the complainant during the inquiry.

Final Report and Recommendations

After completing the inquiry:

The ICC prepares a written report containing:

Its findings (whether the complaint is upheld or not)
Recommendations for action

This report is submitted within 10 days of completion to:

The employer or concerned authority
The complainant
The respondent

If the complaint is substantiated, the ICC may recommend:

Disciplinary action such as:

Written apology
Warning, reprimand
Deduction from salary
Suspension or termination

Compensation to the complainant, as per guidelines under the Act

If the complaint is not proven, the ICC may recommend closure of the case, ensuring the respondent’s reputation is not unfairly affected.

Compensation Guidelines

If the ICC finds merit in the complaint, it may recommend compensation to be paid to the aggrieved woman. Factors considered include:

Mental trauma, pain, suffering, and emotional distress
Loss of career opportunities
Medical expenses incurred (for physical or psychological treatment)
Income and status of the respondent
Feasibility of paying the compensation in lump sum or instalments

This ensures restorative justice to the victim, beyond just punitive action.

External Redressal: Local Committee (LC) and She-Box

If the complaint is against the employer or in cases where an ICC has not been constituted (especially in establishments with less than 10 employees), the complaint can be made to the Local Complaints Committee (LCC) at the district level.

Further, the Ministry of Women & Child Development has launched an online complaint platform called She-Box (Sexual Harassment Electronic Box) on 24th July 2017.

Available for Central Government employees and visitors.
Complaints are directly forwarded to the ICC of the concerned department.
Both complainant and authorities can track the progress of the inquiry.

This platform increases accessibility, transparency, and convenience in filing and monitoring complaints.

Conclusion

The establishment and effective functioning of the Internal Complaints Committee (ICC) are important steps toward creating a workplace that is safe, inclusive, and free from sexual harassment. With a structured composition that ensures gender balance and representation from both internal and external members, the ICC is empowered to act impartially and with sensitivity. By following the redressal process laid out under the law including conciliation, inquiry, and appropriate relief the ICC ensures justice for the aggrieved while also protecting the rights of the accused. Employers must not only constitute the committee as mandated but also ensure its members are well-trained, and that employees are made aware of its existence and functioning. Ultimately, the ICC serves not just as a grievance redressal body but also as a pillar of trust, contributing to a culture of respect, equality, and professionalism in the workplace.

Frequently Asked Questions (FAQs)

Q1. What is the Internal Complaints Committee (ICC)?

Ans. The ICC is a mandatory body constituted by every employer under the POSH Act, 2013, to address complaints of sexual harassment at the workplace and ensure a safe and respectful environment for all employees.

Q2. Who should be part of the ICC?

Ans. The committee must consist of at least four members:

A senior-level woman employee as the Presiding Officer,
Two employees with experience in social work/legal knowledge or commitment to women's issues, and
One external member from an NGO or similar organization familiar with sexual harassment matters.

At least 50% of the committee members must be women.

Q3. Is it mandatory to have an ICC in every company?

Ans. Yes, any organization with 10 or more employees is legally required to constitute an ICC at each office or administrative unit.

Q4. Can men file complaints with the ICC?

Ans. No, the POSH Act specifically addresses the protection of women from sexual harassment at the workplace. Male employees may follow the organization’s general grievance redressal mechanism for other complaints.

Q5. What is the time limit for filing a complaint?

Ans. A woman must file the complaint within 3 months from the date of the incident, or from the date of the last incident in a series of incidents. The ICC may extend the time limit by another 3 months if justified.

Q6. Can a complaint be withdrawn after filing?

Ans. Yes, a complaint can be settled through conciliation (except monetary settlement) at the request of the complainant, before the start of the formal inquiry.

Q7. Can legal representation be allowed during the inquiry?

Ans. No, neither the complainant nor the respondent is allowed to bring a legal practitioner during the ICC proceedings.

Q8. What actions can the ICC recommend after the inquiry?

Ans. The ICC may recommend disciplinary action against the respondent, including a warning, reprimand, termination, or deduction of salary as compensation, depending on the severity of the misconduct.

Q9. What if the ICC’s decision is not satisfactory to the parties?

Either party may challenge the ICC’s decision by appealing to the appropriate authority or court within 90 days of the recommendation.

Q10. What is She-Box?

Ans. She-Box (Sexual Harassment Electronic Box) is an online platform launched by the Ministry of Women & Child Development for women to register sexual harassment complaints at the workplace. It forwards the complaint to the concerned ICC for redressal and allows monitoring of the case.