WHAT ARE THE CONSEQUENCES IF THE COMMITTEE IS NOT CONSTITUTED OR IMPROPERLY CONSTITUTED?
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M&HR Solutions Pvt Ltd
Mar 12, 2026, 6:19:24 AM (2 days ago) Mar 12
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Dear All,
WHAT ARE THE CONSEQUENCES IF THE COMMITTEE IS NOT CONSTITUTED OR IMPROPERLY CONSTITUTED?
Under the PoSH Act, it is mandatory for every employer to constitute a proper Internal Complaints Committee (ICC). If the committee is not constituted or improperly constituted, the employer may be liable for prosecution before the Court.
In one such instance, an employee who had the fundamental right to a workplace free from sexual harassment raised a complaint. The Court observed that if the organisation had complied with the Vishaka Guidelines and constituted a proper Complaints Committee, the benefits would have been three-fold:
🔹 Provided a platform where women employees could seek proper redress for their complaints.
🔹 Sent a strong message within the workplace that complaints of sexual harassment would be seriously addressed by a designated committee with external expertise.
🔹 Prevented multiple litigations that later arose due to the absence of a proper mechanism.
Ensuring the constitution of an ICC is essential to protect employees’ rights and maintain a safe workplace environment.
📖 Read the detailed blog here :
👉 https://www.niratanka.org/posh-blog/q10-what-are-the-consequences-in-case-the-committee-is-not-constituted-or-improperly-constituted
📲 Join our PoSH WhatsApp Channel :
🔗 https://whatsapp.com/channel/0029Va9OMCUCxoB4LQG1aV3A
👥 Join our Online PoSH Learning Groups :
🔗 https://www.niratanka.org/join-our-online-groups.html
Under the PoSH Act, it is mandatory for every employer to constitute a proper Internal Complaints Committee (ICC). If the committee is not constituted or improperly constituted, the employer may be liable for prosecution before the Court.
In one such instance, an employee who had the fundamental right to a workplace free from sexual harassment raised a complaint. The Court observed that if the organisation had complied with the Vishaka Guidelines and constituted a proper Complaints Committee, the benefits would have been three-fold:
🔹 Provided a platform where women employees could seek proper redress for their complaints.
🔹 Sent a strong message within the workplace that complaints of sexual harassment would be seriously addressed by a designated committee with external expertise.
🔹 Prevented multiple litigations that later arose due to the absence of a proper mechanism.
Ensuring the constitution of an ICC is essential to protect employees’ rights and maintain a safe workplace environment.
📖 Read the detailed blog here :
👉 https://www.niratanka.org/posh-blog/q10-what-are-the-consequences-in-case-the-committee-is-not-constituted-or-improperly-constituted
📲 Join our PoSH WhatsApp Channel :
🔗 https://whatsapp.com/channel/0029Va9OMCUCxoB4LQG1aV3A
👥 Join our Online PoSH Learning Groups :
🔗 https://www.niratanka.org/join-our-online-groups.html
Your's sincerely
Mahadeva Swamy, M.A
Manager
M&HR Solutions Pvt. Ltd
Coordinator: Nirathanka Trust (NGO)
#14#1495, Sir M Vishweshwaraiah Layout, 7th Block,
Upkar Layout, near Ullal RTO Office, Bengaluru 560091
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PH: +91-9739055337/+91-8073067542
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