Role of the External Member in an Internal Committee
POSH & Workplace Respect
Short answer: the external member is the one person on the Internal Committee (IC) who does not work for your organisation. Their presence is meant to bring an independent view into a process that is otherwise run by the employer's own people. The Act describes who can fill the role, and it is less restrictive than many people think.
This article is general information, not legal advice.
What the Act says
Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, an Internal Committee has:
- a Presiding Officer, who is a senior-level woman employee,
- at least two members from among the employees, and
- one external member, who is either from a non-governmental organisation or association committed to the cause of women, or a person familiar with issues relating to sexual harassment.
At least half of all the members must be women.
The employer pays the external member fees or allowances for attending the committee's proceedings, as prescribed in the Rules. The role is not a favour, and it should not be unpaid.
Why the role exists
Complaints at work often involve people with different levels of power. An IC made up only of the organisation's own staff may be seen, fairly or not, as leaning towards management. An outsider who has no reporting line, no promotion at stake and no day-to-day dependence on the employer helps the process be, and be seen to be, even-handed.
That is a principle of fairness, not a technicality. A complainant who trusts the process is more likely to use it, and a respondent who sees an independent voice is more likely to accept its outcome.
Who can be an external member
The Act gives two routes:
- Someone from an NGO or association committed to women's causes.
- A person familiar with issues relating to sexual harassment.
Beyond that, the Act does not set a required number of years or a specific degree for the Internal Committee's external member. You may see "five years of experience" quoted online. That figure comes from the Rules' illustration of who may be a "person familiar with issues" for the Local Committee's member, and it is introduced with the word "may", which makes it illustrative. It is not a rule you can treat as the test for every IC.
In practice, organisations look for someone with real knowledge of the subject, sensitivity, and the independence to say something unwelcome. Some employers look for a social worker or a person with legal knowledge, but that is a choice about quality, not a legal condition.
What good independence looks like
The law does not list conflict-of-interest rules for the external member, so this part is good practice rather than a legal checklist. Ask:
- Does the person have a business or financial relationship with the organisation, its directors or senior people?
- Would a colleague or friend of the management be seen as independent?
- Will they have time to attend hearings, not just sign minutes?
- Are they comfortable asking difficult questions in a room with senior people?
An external member who can never disagree with management does little for the process.
Common mistakes
- Appointing someone for convenience, such as the company's own lawyer or a close associate.
- Never appointing one, or letting the seat stay empty after a resignation.
- Not renewing when the committee's term ends. Members hold office for up to three years.
- Treating the role as ceremonial, so the external member is called only to sign.
- Not paying the fees or allowances.
- Skipping orientation. An external member needs to understand the Act, the organisation's policy and the committee's way of working.
A short self-check
- Do we have an external member named in the order constituting the IC?
- Is that person's term current?
- Have they been orientated, and do they know the policy?
- Are their fees or allowances paid?
- Is there someone ready to step in if a conflict of interest arises?
Our free POSH Readiness Checklist covers this alongside the other basics.
Where training helps
Whether the external member is new to the role or experienced, an orientation helps the whole committee work as one. TTM India's IC/ICC Member Training covers the roles of each member and how a committee works fairly. For employee and manager awareness, see our POSH training programmes.
Related reading: When Is an Internal Committee Required? · Internal Committee or ICC: What Is the Correct Term?
Information on this website is for training and general awareness. It does not constitute legal advice. Organisations should obtain advice appropriate to their facts and applicable law.
Sources: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules, 2013 — text of the Act and Rules.