Breaking the Myth: Does Your POSH External Member Have to Be Female?
"We need to hire an external member for our POSH committee... so, she has to be a woman, right?" In my decade of consulting for Indian firms, this is one of the most frequent questions I receive. While the POSH Act, 2013 is designed to protect women, the rules regarding who can serve as an External Member (EM) are often misunderstood. With the 2026 compliance season in full swing, getting your Internal Committee (IC) composition wrong can render your entire inquiry process “null and void” in a court of law. Let’s clear the air. 1. The Short Answer: No, It is Not Mandatory. Under Section 4(2)(c) of the POSH Act, the law specifies the qualifications of an external member, but it does not specify their gender . The Act states: “One member shall be from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with issues relating to sexual harassment.” The Legal Reality: An External Member can be a woman, a ...
