The law provides that an organization that has 10 or more employees, must constitute an internal committee (“IC&rdquoto receive and redress complaints on sexual harassment at the workplace.
The law also states that at least half of the total Members of the IC should be women.
Every employer of a workplace has to constitute an IC by an order in writing.
Yes, all the IC members can hold office for three years.
Yes, the law provides for certain situations in which an IC member can be removed from the IC before the completion of the term. The vacancy has to be refilled in accordance with provisions of the law.
The POSH Law does not specifically talk about registration. However different districts/states come out with their circulars/orders/notifications etc. requesting workplaces in their district to register their IC. So far the following States / Districts have stated so (click on the links to read more about what the specific requirements look like):
IC has powers of a Civil Court and it must follow principles of natural justice. It means that IC must conduct the thorough inquiry absolutely fairly, in a neutral manner and without any bias for or against anyone. Further, Delhi High Court in December, 2020 has stated in a decision that Internal Committee cannot do Moral Policing – Read more here.
The Supreme Court of India in February 2020 held that “…the purpose of having such a member is to ensure the presence of an independent person who can aid, advise and assist the Committee. It obviates an institutional bias…” – Click here to read more.
No. Kerala High Court in September 2019 has held that inquiry into a complaint can be done only by the IC of the entity in which respondent works. All entities are separate and they must have their own IC – Click here to read more.