Last Updated on May 13, 2026 by Satish Mishra
POSH Compliance is a must for companies, startups and Organizations in Tricity (Chandigarh, Panchkula, Mohali) in 2025. Read, how a Lawyer can bring unique skillset to the ICC Posh Committee and ensuring other Posh Compliances as well.
Companies having 10 or more employees need to have mandatorily POSH Policy and ICC Mechanism in place of redressal of Sexual Harassment Complaints. Also if the annual audit reports are not filed, then fine/penalty along with the cancellation of business license can be imposed by government. So posh compliance is in pennies in comparison to the damage it can do to your business. Now think again and Act.
Under the POSH Act, 2013, an external member for the Internal Complaints Committee (ICC) is a mandatory, non-employee, often a lawyer or social worker, who ensures impartial, legally compliant, and confidential investigations into workplace harassment. They provide objective, expert guidance, upholding procedural fairness, and possess experience in gender issues, women’s rights, or sexual harassment laws. [1, 2, 3, 4]
Why POSH ICC External Member as Lawyer?
Bringing lawyer on table can ensure transparency, introduce faith in system and further reinforce belief in employees that POSH works in their company. Isn’t it all?
Finally, this is what is expected from POSH Committees in the Organizations.
Time-n-again, I say POSH apart from compliance is an idea, thought-process & continuous change about bringing safety to employees, irrespective of their gender (though the POSH act says women) and then ensuring faithful mechanism for quick redressal of their complaints.
People build long-lasting companies on their work culture and ethics and today POSH Compliance is an integral part of all big-top MNC’s, international companies.
Also Read- POSH ICC Committee External Member Requirements
POSH ICC External Member in 2013 Act
An external member (EM) of an Internal Complaints Committee (ICC) under the Prevention of Sexual Harassment (POSH) Act is a non-affiliated individual who is appointed to ensure impartiality and objectivity in handling sexual harassment complaints. The EM is selected from outside the organization and is often a specialist in a relevant field, such as law, psychology, social work, or human rights.
Section 4 of the THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE
(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 talks about constitution of Internal Complaint Committee which constitutes External Member.
Section 4, clause 2 ( c ) reads as- One member from amongst non-governmental organisations or associations committed to the
cause of women or a person familiar with the issues relating to sexual harassment.
Fee for External Member- Clause 4 further says- The Member appointed from amongst the non-governmental organisations or associations shall be paid such fees or allowances for holding the proceedings of the Internal Committee, by the employer, as may be prescribed.
Note- All IC members can be appointed only for 3 years.
One of the most popular online platforms in Legal which LawRato also describes about External Member under POSH Act. You can read it here.
So a Lawyer can always be a good choice who is familiar with labor, service, civil, or criminal law and can address workplace sexual harassment.
Also Read- Role of External Members in POSH Committee
External member as Lawyer are mostly searched from professional networks rather than on merit, which is lacking in most organizations. Instead, the HR must lookout and vet most apt POSH Lawyers Chandigarh Panchkula Mohali Zirakpur Derabassi when required.
And most important is to make them align with your Organization values by quick induction and training on your concept of working with POSH.Remember- Integrity most Important for POSH External Member.
What lawyers can do as POSH ICC Committee External Member?
Also Read- POSH ICC External Member Punjab Haryana Chandigarh
1 As an independent person, advice committee without any biasedness and finally covering all legal loopholes during the entire POSH proceedings in the company.
2 Also bringing in independent person from outside will speak of management commitment to prevent any undue pressure or influence.
3 Since the proceedings of ICC committee are challengeable and subject to appeal, External Member as Lawyer on POSH ICC Committee will ensure that the evidence is read properly so as to cover Organization’s interest at all cost.
4 Personal interest of Organization vanishes completely in case External Member as Lawyer in POSH ICC Committee is appointed.
Note:- Lawyer with no experience, family or friends of the management or former employees should not be taken since they will defeat the purpose of POSH Act.
Also Read- Who is an external member for PoSH?
If you too are looking for someone to look out for ICC Posh Committee External Member as Lawyer who could oversee the investigation process, make contributions to the on-going cases and foster strict posh compliance in the companies, then do connect with Satish Mishra Lawyer/Advocate @99888-17966.
It would be really great, if we together can contribute to the cause of POSH Compliance in for Companies, Startups, Organizations in Chandigarh Panchkula Mohali Kharar Zirakpur Derabassi Mullanpur etc.
Key Aspects of a Lawyer as a POSH External Member
- Role and Purpose: The external member must be a third party with no employer-employee or financial ties to the company, ensuring a neutral viewpoint.
- Ideal Qualifications: They should be familiar with the nuances of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. A legal expert is preferred because they bring in-depth knowledge of legal processes, evidence gathering, and fair report drafting.
- Mandatory Requirement: The Bombay High Court in Jaya Kodate v. Rashtrasant Tukdoji Maharaj Nagpur University ruled that an ICC lacking a member with required legal knowledge/NGO experience is illegal.
- What they do: They ensure the investigation avoids procedural lapses that could lead to legal challenges (e.g., in Ruchika Singh Chabra v. Air France, the committee was ordered to be reconstituted due to an improper external member).
- Conflict of Interest: A lawyer who handles labor cases for the employer company would not make a valid, unbiased external member.
Why Choose a Lawyer?
Responses from AI
- Independence: The member must have no employment or financial ties to the organization to avoid conflicts of interest and internal pressure.
- Experience: They should be familiar with issues of sexual harassment and have experience in legal, social work, psychology, or management.
- Knowledge: They should understand gender biases, organizational hierarchies, and have expertise in POSH laws and procedures.
- Objectivity: A neutral and unbiased mindset is crucial for ensuring fair proceedings and building trust among employees. [1, 2, 4, 5, 6, 7]
- Ensure impartiality: Provide an independent perspective to prevent bias in investigations and deliberations.
- Oversee the process: Participate in investigations, ensuring fairness and thoroughness in every step.
- Provide guidance: Advise the committee on legal aspects, service rules, and best practices related to sexual harassment.
- Support policy review: Assist in reviewing and developing the organization’s anti-sexual harassment policies and procedures. [3, 5, 6, 8]
- Compliance: Having an external member is mandatory for organizations to be compliant with the POSH Act.
- Trust and credibility: An unbiased external member helps build employee trust in the complaint resolution process.
- Objectivity: Their involvement helps prevent potential bias that could arise from an internally-focused committee, ensuring the process is fair and just. [3, 5]