External Member for POSH Internal Committee
Every Internal Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 must include one member from outside the organisation. Section 4(2)(c) requires that person to come from a non-governmental organisation or association committed to the cause of women, or to be a person familiar with the issues relating to sexual harassment.
Rule 4 of the 2013 Rules describes the second category as a person with expertise on such issues, and includes a person familiar with labour, service, civil or criminal law. Adv. Kanika Marwaha Bindal serves as the external member on the Internal Committees of companies, attending inquiries and the Committee’s other work.
When you need it
When constituting a Committee for the first time
An employer with ten or more employees cannot validly constitute its Committee without an external member.
When the external member’s term has ended
Members hold office for up to three years. A Committee with a lapsed or missing external member is not properly constituted.
When a complaint has been received
An inquiry by a Committee without its external member is open to challenge, however fairly it was run.
When there are several offices
Each office or administrative unit with ten or more employees needs its own Committee, each with an external member.
When independence has been questioned
An external member who also acts for the employer in other matters may not be regarded as independent.
How the process works
Five stages, from the first conversation to the annual report.
- 1
Check for conflicts
At the outsetConfirm that the proposed member has no other tie to the employer, such as acting as its legal counsel, that could put their independence in doubt.
Documents
- The organisation’s name and group companies
- The current order constituting the Committee, if any
- 2
Engagement letter
A few working daysRecord the terms of the appointment: the offices covered, the term, the expected time commitment, how confidential material is handled and the fee. The Rules prescribe a minimum allowance; anything beyond that is agreed.
- 3
The order constituting the Committee
On appointmentThe employer issues a written order naming every member, including the external member, with the date of nomination. The order is displayed at a conspicuous place in the workplace.
- 4
Inquiries and Committee meetings
As complaints arise; inquiries are completed within 90 daysThe external member takes part in the Committee’s work: receiving and assessing complaints, conciliation where the complainant asks for it, the inquiry, and the report with its recommendations, within the timelines the Act sets.
- 5
Annual report and review
Once a yearThe Committee prepares its annual report for the employer and the District Officer. The external member also takes part in periodic meetings and in reviewing the policy and awareness programmes.
Common questions
A member of a non-governmental organisation or association committed to the cause of women, or a person familiar with the issues relating to sexual harassment. Rule 4 includes a social worker with at least five years’ relevant experience and a person familiar with labour, service, civil or criminal law.
Yes. A person familiar with labour, service, civil or criminal law falls within Rule 4. The advocate should not otherwise act for the employer, so that the seat remains independent.
The Act does not say so. It requires at least half of all the Committee’s members to be women, and the Presiding Officer to be a woman employed at a senior level.
The Rules require at least three members of the Committee, including the Presiding Officer, to be present for an inquiry. Courts have set aside inquiries by committees that were not properly constituted, so the external member should take part throughout.
For the period stated in the order, which cannot exceed three years from the date of nomination. The Act does not bar a fresh nomination after that.
Yes. Section 4(4) requires the employer to pay the external member fees or allowances for holding the Committee’s proceedings. Rule 3 prescribes an allowance of ₹200 a day and travel costs as the minimum.
The Act does not prohibit it. What matters is that the person has the time to attend each Committee’s proceedings and has no conflict with any of the employers.
Yes. Section 16 prohibits publishing or making known the contents of the complaint, the identities of the parties and witnesses, and the inquiry proceedings. The duty binds every member, including the external member.
Related
To discuss an external member appointment, write to info@ireniclegal.com or call +91 96547 47331. Written by Adv. Kanika Marwaha Bindal; last updated 7 October 2026.