Support for External Panel Membership
The role of the External Member is crucial to the Internal Complaints Committee. We provide the following services as an external panel member :-
- Membership as an external member to Internal Committee (ICC) in all legal entities
- Provide hand holding support in the functioning of the ICC
- Assist the ICC in conducting the Inquiry if/when there is a complaint.
- Record the minutes of the regular meetings.
- Assist the Employer in conducting awareness training for all the employees.
- Give appropriate advice as and when called for to the members of the ICC and to any employee who has approached.
- Participating in the hearing and decision making of complaints addressed to the Internal Committee in case of an incident of sexual harassment.
Frequently Asked Questions
Q. Who is eligible to be an External Member of the Internal Committee?
To be eligible as an External Member of the Internal Committee, the person must be completely independent - not employed by the organisation in any capacity. They should be an NGO representative, lawyer, or a professional with demonstrated experience in women's rights, social work, or PoSH-related work. They must have sound knowledge of women's welfare and the PoSH Act, 2013.
Q. Is appointing an External Member mandatory under the PoSH Act?
Yes. Section 4(2)(c) of the PoSH Act, 2013 explicitly requires every Internal Committee to include at least one External Member. An IC constituted without an External Member is not considered legally valid, and any inquiry conducted by such a committee can be challenged in court.
Q. What happens if a company does not have an External Member on its IC?
An IC without an External Member is not legally constituted under the PoSH Act, 2013. This means any inquiry findings or recommendations issued by that committee can be legally challenged. The employer also risks penalties starting from Rs. 50,000 under Section 26 of the Act, with the possibility of licence cancellation for repeat non-compliance.
Q. Can a lawyer or NGO professional serve as an External Member?
Yes. Lawyers and NGO professionals with relevant experience are among the most commonly appointed External Members of the Internal Committee. Their legal or field expertise adds credibility and rigour to IC proceedings, and many organisations specifically prefer such profiles for this role.
Q. How long is an External Member's tenure valid?
The tenure of an External Member is defined by the contract signed with the organisation and is not fixed by the PoSH Act. It may be terminated at any time as per the terms of the agreement. Most organisations align the External Member's tenure with the IC's standard three-year term, subject to renewal.
