The Role of an External Member in PoSH Compliance: Why Every Company Needs One
In today’s workplace, ensuring a safe and inclusive environment is not just a good practice—it’s a legal obligation. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the PoSH Act, mandates the formation of an Internal Committee (IC) in every organization with 10 or more employees. One crucial, yet often overlooked, element of this committee is the External Member.
At NBC ELITE, we often get asked:
“Why is having an external member in the PoSH Internal Committee so important?”
Let us break it down.
Who is an External Member?
An External Member is a third-party individual, typically from a non-governmental organization (NGO) or someone with experience in social work, women’s rights, or legal knowledge related to sexual harassment issues.
The company does not employ them and brings an independent and unbiased perspective to the committee.
Legal Requirement
According to Section 4 of the PoSH Act:
“One member of the IC must be from an NGO or association committed to the cause of women or a person familiar with the issues relating to sexual harassment.”
This is mandatory—non-compliance can lead to fines up to ₹50,000 and reputational damage.
Key Roles and Responsibilities
- Neutral Third-Party Insight
The external member helps ensure the committee’s decisions are free from internal bias, power dynamics, or corporate pressure. - Expertise in Handling Sensitive Cases
With experience in gender sensitization and victim support, they guide the committee in conducting fair and trauma-informed inquiries. - Building Credibility
Their presence increases employee trust in the IC process, making it more likely that those incidents will be reported. - Awareness & Training
External members often assist in PoSH awareness sessions, policy reviews, and annual compliance reporting.
Common Mistakes Companies Make
- Appointing a retired employee as an “external member (this is not allowed).
- Selecting someone without proper credentials in women’s rights or legal expertise.
- Including them just for a name’s sake, without involving them actively in proceedings.
At NBC ELITE, we have seen that when the right external member is involved, the IC becomes stronger, more effective, and more trusted.
How NBC ELITE Can Help
We provide qualified, experienced, and legally compliant External Members who:
- Are well-versed in PoSH laws
- Have experience in handling workplace misconduct cases
- Can support you during inquiries, documentation, and annual reports
- Ensure your organization meets all compliance standards with confidence
Final Thoughts
An External Member is not just a box to tick—they are your ally in building a workplace that is safe, inclusive, and legally compliant. With rising scrutiny from regulatory bodies and employee expectations, it’s time to invest in the right people for your PoSH committee.
🔐 Want a vetted External Member for your IC? NBC ELITE can help you onboard the right expert.