Who Can Be an External Member in a PoSH Committee?

One of the most frequently Googled questions related to PoSH compliance in India is:

“Who can be an External Member of the Internal Committee (IC) under the PoSH Act?”

If your organization has 10 or more employees, the Prevention of Sexual Harassment of Women at Workplace (PoSH) Act, 2013 mandates that you must constitute an Internal Committee (IC) to address complaints of sexual harassment.

One of the most crucial, legally required members of this committee is the External Member.

In this blog, we answer all your questions on who qualifies, what their role is, legal compliance requirements, and why the right External Member is not just about ticking a box—it’s about protecting your company and your people.

📘 What Is an External Member Under the PoSH Act?

The PoSH Act requires every employer with 10 or more employees to set up an Internal Committee.

This IC must include:

• A Presiding Officer (a senior woman employee)
  
• At least two internal members from the workforce
  
• One External Member who is not an employee and is familiar with issues relating to sexual harassment
  

Per Section 4(2)(c) of the Act, the External Member should be:

• Lawyer or From NGO or association committed to the cause of women, or
  
• A person familiar with issues related to sexual harassment, gender justice, or workplace rights
  

📘Who Can Be Appointed as an External Member?

A valid External Member must:

• Be independent of the organization (not employed, not a contractor or consultant)
  
• Have experience or familiarity with issues of sexual harassment, gender rights, labour laws, or workplace equity
  
• Experience in conducting Inquiry
  
• Ideally be associated with Law, legal firms, PoSH consultancies, or academia in relevant fields
  
• Be able to attend meetings, participate in inquiries, and contribute to building awareness.
  

💡 Important:
If your IC is not properly constituted—including a qualified External Member—all your PoSH inquiry proceedings may be declared invalid by a court or the Local Complaints Committee (LCC).

📘 Why Is the External Member So Important?

The External Member acts as the neutral, independent voice on the committee and ensures compliance with legal norms and natural justice.

They:

• Guide the IC on correct legal procedure
  
• Ensure fairness and objectivity in handling complaints
  
• Help assess sensitive complaints and understand trauma-informed responses
  
• Support in preparing the inquiry report and recommendations
  
• Provide awareness and PoSH training, if needed
  

⚖️ Legal Risk of Not Appointing a Qualified External Member

Many organizations unknowingly violate the PoSH Act by:

• Appointing someone internal as “External Member”
  
• Choosing someone untrained or unavailable
  
• Conducting inquiries without an external member present
  

📘 Consequences Include:

• Inquiries declared null and void
  
• Matters referred to the LCC
  
• Risk of court intervention or penalties
  
• Exposure to brand damage, employee distrust, and labour law audits
  

🧭 What the Courts Say

Indian courts have consistently emphasized the strict composition of Internal Committees.
In Global Health Pvt. Ltd. v. LCC, Delhi (2021), the Delhi High Court ruled that without a valid External Member, the IC is not legally constituted, and complaints must be handled by the Local Complaints Committee instead.

In short: No valid External Member = No valid IC = No valid inquiry.

👩‍⚖️ Looking for a Trusted External Member? Meet Adv. Gazal Daga

If you’re looking to appoint a qualified, experienced, and legally sound External Member, Advocate Gazal Daga is a widely trusted name in PoSH compliance across India.

🌟 About Gazal Daga:

• Founder, Wisely Legal – a corporate law firm specializing in PoSH, IPR, Contracts & Employment Law
  
• Appointed as External Member for 40+ organizations PAN India
  
• Has handled multiple PoSH cases and inquiries end-to-end
  
• Conducted PoSH trainings for companies like TCS (Indore & Bhopal), M P Online , and several MSMEs & MNCs
  
• Gold Medalist in LL.B., awarded by the Governor of Madhya Pradesh
  
• Over 8 years of practical PoSH experience.
  
• Conducted 100+ PoSH awareness workshops across India
  
• Member of Anti-Sexual Harassment Council (WICCI), State President – Madhya Pradesh
  
• Followed by 20K+ professionals on LinkedIn for legal updates and awareness
  

📘 Whether your office is in Mumbai, Delhi, Bengaluru, Jaipur, Kolkata, Ahmedabad, Pune Hyderabad, Bhopal or Indore — Wisely Legal offers remote PoSH support across India.

📘 Services Offered by Wisely Legal

✅ Appointment of External IC Member
✅ Handling PoSH Inquiry, Investigation and Cases
✅ Conducting Employee Awareness & Sensitization Training
✅ IC & HR Team Training (Inquiry Process + Documentation)
✅ PoSH Policy Drafting & Review
✅ Legal Review of IC Reports and Annual Report Filing
✅ Virtual IC Participation
✅ Retainership for PoSH Compliance & Advisory

📘 Why Employers Choose Wisely Legal

• PAN India service delivery (on-site + remote)
  
• Rich experience in handling complex inquiries
  
• Trained in trauma-informed complaint handling
  
• Assured support for documentation, reporting, and legal defense
  
• Efficient, professional, and cost-effective solutions for startups, MSMEs, and large enterprises
  

📘 Final Takeaway

Appointing a valid and experienced External Member is not optional — it is a legal necessity under the PoSH Act, 2013.

The right External Member ensures your Internal Committee is compliant, your inquiry process is fair, and your workplace remains a safe space for all employees.

With Wisely Legal and Adv. Gazal Daga, you’re choosing not just compliance, but credibility, competence, and care.

📞 Ready to Appoint an External Member?

Let’s build a safe, legally compliant, and respectful workplace together.

📧 Email:Gazal@wiselylegal.com
🌐 Website: www.WiselyLegal.com
📍 External IC Member | PoSH Expert | Available PAN India