• Adv Govind Bali
• Labour Law
• August 20, 2026

Short answer: every employer in Delhi NCR must comply with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. At every administrative unit or office where ten or more employees are employed, the employer must constitute an Internal Committee by a written order. The statutory mechanism must be supported by a workplace policy, prominent notices, employee awareness, member training, complaint and inquiry protocols, confidentiality controls, annual reporting and current regulatory onboarding requirements. Non-compliance can attract a fine up to ₹50,000; repeated breach can lead to twice the punishment and cancellation, withdrawal or non-renewal of a licence, registration or approval required for business.

The governing central legislation is the Sexual Harassment of Women at Workplace Act, 2013, commonly called the POSH Act, read with the 2013 Rules. The current statutory expression is “Internal Committee” or “IC,” although “Internal Complaints Committee” and “ICC” remain common in corporate usage.

Who is covered by the POSH Act?

The Act protects an “aggrieved woman” of any age, whether employed or not, who alleges sexual harassment at a workplace. Protection is therefore not confined to permanent employees. Depending on the facts, the statutory framework can extend to temporary, ad hoc and daily-wage workers, persons engaged directly or through an agent or contractor, probationers, trainees, apprentices, interns and women visiting a workplace.

The definition of “workplace” is deliberately broad. It includes government and private organisations, companies, institutions, hospitals, educational and sports establishments, places visited during or arising out of employment and transportation provided by the employer. Remote work, off-site meetings, official travel, conferences, client premises and digital communications may form part of the factual workplace nexus even when the conduct does not occur at the registered office.

An employer should therefore map people and locations rather than merely count employees on the company payroll. Contractor personnel, branches, administrative units and work-related travel arrangements require attention. For the wider employment-compliance framework, see our employment law compliance guide for companies in India.

When is an Internal Committee mandatory?

Section 4 requires the employer to constitute an Internal Committee by written order at every administrative unit or office where ten or more employees are employed. A company with a head office in Delhi, a Gurugram branch and a Noida operational office should not assume that one committee at corporate headquarters automatically satisfies every location. The workforce and organisational structure of each office or administrative unit must be reviewed.

Where an establishment has fewer than ten workers, or where the complaint is against the employer, the complaint lies before the district-level Local Committee under Section 6. HR should display information about the appropriate external mechanism so that absence of an internal committee does not leave a woman without a remedy.

Correct composition of the Internal Committee

Position	Statutory requirement	Frequent defect
Presiding Officer	A senior-level woman employee at the workplace; the statutory alternatives apply if no such woman is available.	Appointing a male chairperson or a junior employee despite an available senior woman.
Internal members	At least two employees preferably committed to the cause of women or possessing social-work experience or legal knowledge.	Selecting members only by designation without aptitude, availability or training.
External member	One member from an NGO or association committed to the cause of women, or a person familiar with sexual-harassment issues.	Using a nominal external member who is not independent, trained or available.
Women members	At least one-half of the total membership must be women.	Composition falls below half after resignation or transfer.
Term	Members hold office for the period specified by the employer, not exceeding three years.	Committee order expires but the organisation continues to treat it as valid.

The written constitution order should state the member names, roles, effective date and term. Keep appointment acceptances, external-member credentials, conflict declarations, training records and replacement orders. Vacancies caused by resignation, transfer, disqualification or prolonged absence should be addressed immediately.

At least three members, including the Presiding Officer, must be present while conducting the inquiry under the Rules. HR should not allow a single member or an informal “ethics team” to exercise the IC’s adjudicatory function.

What amounts to sexual harassment?

Section 2(n) includes unwelcome physical contact and advances, a demand or request for sexual favours, making sexually coloured remarks, showing pornography and other unwelcome physical, verbal or non-verbal conduct of a sexual nature. Section 3 also recognises circumstances connected with the conduct, including an express or implied promise of preferential treatment, threat of detrimental treatment, threat concerning employment status, interference with work or creation of an intimidating, offensive or hostile work environment, and humiliating treatment likely to affect health or safety.

“Unwelcome” conduct is central. An employer should avoid reducing assessment to whether the respondent claims to have intended a joke or compliment. The IC must examine the conduct, context, power relationship, evidence and impact while preserving fairness to both sides.

The statutory complainant under the POSH Act is an aggrieved woman. An organisation may adopt a broader, gender-neutral anti-harassment policy for other employees, but it should clearly distinguish that contractual mechanism from the statutory IC jurisdiction and must not dilute any right available to women under the Act.

Mandatory employer duties under Section 19

Compliance requires preventive and remedial action. The employer must:

• provide a safe working environment, including safety from persons coming into contact at the workplace;
• display conspicuously the penal consequences of sexual harassment and the order constituting the IC;
• organise workshops and awareness programmes for employees at regular intervals;
• conduct orientation and capacity-building programmes for IC members;
• provide facilities required by the IC for handling complaints and conducting inquiries;
• assist in securing attendance of the respondent and witnesses;
• make information available to the IC or Local Committee as required;
• assist the woman if she chooses to initiate criminal proceedings where the conduct constitutes an offence;
• initiate action where the perpetrator is not an employee, if the aggrieved woman so desires; and
• treat sexual harassment as misconduct under the applicable service rules and monitor timely submission of IC reports.

These duties should be integrated with the organisation’s wider labour-law compliance and risk-mitigation framework, not handled only when a complaint arrives.

What a defensible POSH policy should contain

A policy should be tailored to the actual workforce and operating model. At minimum, it should state the scope, statutory definitions, prohibited conduct, coverage of remote and off-site work, IC details, reporting channels, assistance for a written complaint, complaint limitation, conciliation rules, inquiry procedure, interim measures, confidentiality, anti-retaliation safeguards, consequences, appeal rights, record retention and contact details for the Local Committee or other appropriate authority.

The policy must match the law and the constitution order. Common audit failures include an expired IC, an external member named only on paper, a complaint email that nobody monitors, conflicting inquiry timelines, and a policy copied from another State or organisation. Our separate guide explains how to conduct a POSH policy audit.

Complaint limitation and assistance

Under Section 9, an aggrieved woman may make a written complaint to the IC or Local Committee within three months from the date of the incident. For a series of incidents, the period runs from the date of the last incident. The committee may extend the period by a further period not exceeding three months if circumstances prevented filing, provided reasons are recorded in writing.

If the woman cannot make a written complaint, the IC or Local Committee must provide reasonable assistance. The Rules regulate who may complain where the aggrieved woman is unable because of physical incapacity, mental incapacity, death or another specified reason.

There is no court fee for lodging the internal statutory complaint. However, limitation should never be treated as a mechanical rejection tool without examining a continuing series, the last incident and the committee’s statutory power to extend time.

Conciliation: possible, but never for money

Before commencing an inquiry, the IC may attempt conciliation only at the request of the aggrieved woman. A monetary settlement cannot be made the basis of conciliation. If settlement is reached, it must be recorded and forwarded to the employer or District Officer for action, with copies to both parties. No further inquiry is conducted unless the complainant informs the committee that the settlement terms have not been complied with.

Employers should never pressure a woman to “settle informally,” withdraw or accept a transfer. Voluntariness must be documented, and the IC—not an interested manager—must control the statutory process.

Inquiry procedure and mandatory timelines

Stage	Time or requirement
Written complaint	Within three months of the incident or last incident; extendable by up to three months for recorded reasons.
Response under the Rules	Complaint copy is supplied and the respondent receives the prescribed opportunity to submit a reply, documents and witness details.
Inquiry	Must be completed within 90 days.
Inquiry report	Provided to the employer or District Officer within 10 days of completion and made available to the parties.
Employer action	Recommendation must be acted upon within 60 days of receipt.
Appeal	Ordinarily within 90 days, before the forum provided by the applicable service rules or prescribed framework.

The IC has powers resembling those of a civil court for summoning and enforcing attendance and requiring discovery and production of documents. The Rules do not permit parties to be represented by legal practitioners in the IC inquiry. That restriction does not prevent an employer from obtaining separate legal advice on process, notices, evidence management and implementation, provided counsel does not take over the prohibited role in the hearing.

Inquiry design should reflect the same evidentiary discipline used in a sound internal investigation of employee misconduct, while recognising that the IC is a statutory body and cannot be replaced by a general HR investigation.

Natural justice: fairness to both parties is mandatory

In Aureliano Fernandes v. State of Goa, (2024) 1 SCC 632; 2023 SCC OnLine SC 621, the Supreme Court set aside the result of a procedurally unfair inquiry and stressed the need to observe natural justice. Speed cannot justify denial of notice, adequate opportunity, access to relied-upon material, the ability to present a defence or impartial consideration by the committee.

A defensible inquiry file should record:

• service of the complaint and supporting material;
• the response and documents of the respondent;
• notices and attendance at each hearing;
• conflict-of-interest disclosures and recusals;
• questions put to witnesses through the procedure adopted by the IC;
• treatment of electronic evidence and preservation of originals;
• reasons for accepting or rejecting material contentions;
• the standard applied and findings on each allegation; and
• the recommendation and proof of communication to both parties.

The IC should not combine investigator, prosecutor and witness roles. It must remain independent of management pressure and decide on the record. A hurried, predetermined or one-sided process can expose the outcome and subsequent disciplinary action to appellate or judicial challenge.

Interim relief during the inquiry

On a written request by the aggrieved woman, the IC may recommend transfer of either party, leave to the aggrieved woman for up to three months in addition to her ordinary leave entitlement, or other prescribed relief. The measure must protect safety and participation without operating as an unreasoned punishment before findings.

Anti-retaliation controls should cover adverse appraisal, exclusion from work, threats, disclosure of identity, witness pressure and informal coercion. The employer should preserve relevant email, access, CCTV and device records as soon as a complaint or credible concern arises.

False or malicious complaint: Section 14 is not automatic

The Act permits action where the IC concludes after inquiry that the complaint was malicious or that forged or misleading documents were produced. But mere inability to substantiate a complaint or provide adequate proof does not by itself attract action. Malicious intention must be established through the prescribed inquiry process.

A policy that automatically threatens unsuccessful complainants is legally unsafe and can chill genuine reporting. Equally, proven fabrication must be addressed through the applicable service rules and a fair process.

Confidentiality and data control

Section 16 restricts publication or communication of the complaint contents, identity and addresses of the aggrieved woman, respondent and witnesses, information relating to conciliation and inquiry, recommendations and action taken. Information may be disseminated regarding justice secured without identifying the parties or witnesses.

Access should be strictly role-based. Avoid ordinary shared HR folders, unrestricted email chains and minutes containing unnecessary personal details. Set a retention schedule consistent with statutory reporting, service rules, limitation exposure, litigation holds and data-protection obligations.

Annual report and Delhi NCR filing practice

Section 21 requires the IC to prepare an annual report for each calendar year and submit it to the employer and District Officer. Under the Rules, the report records the number of complaints received, disposed of, pending beyond 90 days, workshops and awareness programmes conducted, and the nature of action taken. Section 22 separately requires the employer to include the prescribed case information in its annual report or intimate it to the District Officer where no annual report is otherwise prepared.

Delhi district administrations may prescribe online submission windows or formats. The New Delhi District administration has expressly reiterated annual-report filing and the statutory penalty. Because Delhi NCR spans the NCT of Delhi, Haryana and Uttar Pradesh, each office should verify the current District Officer, Local Committee and filing channel for its actual location rather than sending one consolidated document to the wrong authority.

For incorporated companies, POSH data should also be reconciled with the current Board’s Report disclosures under the Companies (Accounts) Rules. Complaint counts, cases disposed of and matters pending beyond 90 days must match the underlying IC records. HR, legal and company-secretarial teams should perform this reconciliation before approving statutory reports.

SHe-Box onboarding and complaint routing

The Ministry of Women and Child Development operates the official SHe-Box portal as a central digital repository and complaint-routing platform. Organisations should onboard their workplace and IC information, keep member and branch details current, monitor the prescribed nodal accounts and comply with applicable Central, State and district directions.

SHe-Box does not replace the employer’s duties under Sections 4 and 19. A portal registration cannot cure an invalid IC, expired appointment order, untrained members or a defective inquiry process.

Supreme Court enforcement has moved beyond paper compliance

The Supreme Court’s original directions in Aureliano Fernandes required public and private institutions to verify committee constitution, publish accessible information and conduct training and awareness. In subsequent monitoring, including its order dated 12 August 2025, the Court pushed district-wise verification of POSH compliance and the constitution of Internal Committees. Employers should expect compliance to be capable of physical and documentary verification.

An inspection-ready file should contain the policy, current IC order, member credentials, training calendar, employee attendance, notices displayed, complaint register maintained confidentially, inquiry tracking sheet, annual reports, proof of District Officer filing, Board’s Report reconciliation and SHe-Box records.

Penalties and organisational exposure

Under Section 26, failure to constitute the IC, failure to act under the Act or contravention of the Act or Rules may attract a fine up to ₹50,000. A repeat offence can attract twice the punishment and can result in cancellation, withdrawal or non-renewal of the licence, registration or approval necessary for carrying on business.

The financial penalty is only one risk. A defective process can lead to:

• setting aside of findings or disciplinary action;
• employment claims and reinstatement or compensation exposure;
• criminal-law consequences where the conduct constitutes an offence;
• regulatory notices and adverse inspection findings;
• incorrect Board’s Report disclosures;
• loss of employee confidence and witness cooperation; and
• significant reputational and governance damage.

Employers facing inspections or enforcement should also review our guide to labour-law inspections, penalties and prosecution. Where disciplinary action or termination is contemplated after a valid finding, procedural requirements must be aligned with service rules, standing orders and the principles explained in termination, retrenchment and layoff compliance.

Thirty-point audit reduced to ten decisive checks

1. Map every office, administrative unit, branch and actual employee count.
2. Issue a valid IC constitution order for each workplace requiring one.
3. Verify Presiding Officer, internal members, external member, half-women rule and unexpired terms.
4. Update the policy, notices, complaint channels and Local Committee information.
5. Train the IC on evidence, natural justice, confidentiality, timelines and reasoned reports.
6. Conduct documented employee awareness at regular intervals, including induction training.
7. Create a secure complaint, inquiry and document-preservation protocol.
8. Maintain calendar-year annual reports and proof of submission to the competent District Officer.
9. Reconcile POSH data with Board’s Report disclosures and SHe-Box records.
10. Run an independent annual legal audit and promptly close every documented gap.

Frequently asked questions

Does every company need an Internal Committee?

An IC is mandatory at each administrative unit or office where ten or more employees are employed. Establishments below that threshold are served by the district Local Committee; complaints against the employer also go to the Local Committee.

Can one IC cover Delhi, Gurugram and Noida?

Not automatically. Section 4 requires constitution at every covered administrative unit or office. Review the employee count and organisational structure of each location and issue separate orders where required.

Can the HR head be the Presiding Officer?

Only if she is a senior woman employee satisfying the statute and there is no disqualifying conflict in a particular matter. Designation alone does not cure bias or composition defects.

Can a lawyer appear for either party in an IC inquiry?

The 2013 Rules bar legal practitioners from representing the parties in the inquiry. Independent legal advice may still be obtained on compliance and process without violating that restriction.

What is the complaint limitation?

Three months from the incident or last incident in a series, extendable by the committee for a further period up to three months where circumstances prevented filing and reasons are recorded.

How long can the inquiry take?

The statutory period is 90 days. The report must then be supplied within 10 days of completion, and the employer or District Officer must act on the recommendation within 60 days.

Is SHe-Box registration enough?

No. It is an additional digital compliance and complaint-routing mechanism. The employer must still maintain a valid IC, policy, awareness, fair inquiries, confidentiality and statutory reports.

Can an unsuccessful complaint be treated as false?

No. Mere inability to substantiate a complaint does not establish malice. Section 14 requires malicious intention or fabrication to be separately established through inquiry.

What is the appeal limitation?

Section 18 prescribes an appeal within 90 days. The correct forum and procedure depend on the applicable service rules or prescribed framework and should be verified for the establishment and employment relationship.

Conclusion

POSH compliance in Delhi NCR is now an auditable governance obligation. The employer must be able to prove that each covered workplace has a valid and competent IC, employees know how to complain, inquiries are confidential and fair, statutory timelines are monitored, annual and corporate disclosures match, and regulatory portals and district filings are current. A policy without this operational structure is not effective compliance.

Legal note: This article provides general legal information as of 20 August 2026. State and district reporting channels, service rules, sector regulations and notified authorities may differ across Delhi, Haryana and Uttar Pradesh. Obtain establishment-specific legal advice before constituting an IC, conducting an inquiry or taking disciplinary action.