Can the Head of HR Lead the POSH Committee? Exploring Roles and Responsibilities

Hi, Yes, the Head of HR, whether male or female, can definitely serve as the Chairperson of the POSH (Prevention of Sexual Harassment) Committee for the organization. It is essential for the Chairperson of the POSH Committee to be someone who can effectively lead and manage the committee's activities related to preventing and addressing sexual harassment in the workplace. The Head of HR, with their knowledge of HR policies and procedures, can bring valuable expertise to this role and ensure that the organization's commitment to providing a safe and respectful work environment is upheld.

Hi Deepika, In the context of Section 4 of the POSH Act 2013 for India, there is no mention of a chairperson; rather, the presiding officer is addressed. Female employees in the organization can become the presiding officer, who can be nominated by the company management.

Regards

Though there is no restriction on the HR Head becoming the Chairperson of the POSH Committee, it is preferable to avoid this arrangement. The POSH Committee is responsible for determining whether the rules have been violated, and generally, it is the HR function that presents the case. Therefore, it is better to avoid this dual role if possible. However, if it is unavoidable for various reasons, it can be considered.

Hi Deepika, The POSH Act of 2013 is an act designed to provide protection against sexual harassment of women in the workplace. It aims to prevent and address complaints of sexual harassment and deal with related matters. There is no bar on a female being a presiding officer; however, she should have knowledge of the Act and handle matters judiciously in a non-partisan manner.

Potential Conflict of Interest in IC Leadership

Ideally, having a Head of HR as the Presiding Officer of the IC is not recommended due to the potential conflict of interest. If a complaint is raised by an employee, the HR Head would typically play a role in implementing the recommendations of the IC. Additionally, the HR Head, by virtue of their position in the organization, is involved in decision-making processes concerning employees and the company's interests, which may lead to bias when handling complaints.

Risks of an Improperly Constituted IC

Decisions made by an improperly constituted IC are at risk of being invalidated. Therefore, while a member of the HR team can be a part of the IC, it is advisable not to include the HR Head in the IC.

Greetings Deepika

Yes, absolutely. A female Head of HR can be the Chairperson of the Internal Committee (IC) under the POSH Act. The law requires that the Chairperson (technically referred to as the Presiding Officer) be a senior female employee of the organization.

So if your HR Head is:
- A woman
- At a senior level, and
- Familiar with the organization’s values, processes, and employee dynamics...

…she’s a perfect fit for the role!

That said, there are a couple of things to keep in mind for transparency and trust:

Since the HR head may also be involved in grievance redressal or disciplinary processes, it's good to ensure neutrality. If there’s ever a conflict of interest in a case, she can recuse herself, and another senior female IC member can take the lead.

The effectiveness of any POSH committee doesn't just depend on designations—it depends on training, awareness, and a genuine commitment to creating a safe workspace.

That’s where SkillDeck’s POSH Certification comes in.

They don’t just teach the law, they empower IC members and HR leaders to handle sensitive cases with empathy, legal clarity, and procedural correctness. Their programs are interactive, scenario-based, and totally practical. You even get policy templates, investigation checklists, and guidance on annual reporting.

Whether you're forming your IC or just want to ensure it's functioning at its best, SkillDeck can help you go from compliance to confidence.

Let me know if you'd like a sample POSH policy or IC structure—happy to share!

Best Wishes
Ranzil Rego
HR Professional | POSH-Certified via SkillDeck