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ARTICLE · 15 OCTOBER 2025

Is Conciliation Mandatory Before Initiating A Formal Inquiry Under The POSH Act?

S.S. Rana & Co.
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The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH) mandates a structured redressal mechanism...

IndiaEmployment and HR
Anuradha Gandhi
Anuradha Gandhi
Surbhi Gandotra
Surbhi Gandotra
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Introduction

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH) mandates a structured redressal mechanism for complaints of sexual harassment at the workplace. A frequently debated procedural nuance is whether the Internal Committee must first attempt conciliation before initiating an inquiry.

This article dives deep into the legal framework, interpretative judicial decision, and practical considerations surrounding this issue to assess whether conciliation is "an option", or "a procedural requirement".

The Madhya Pradesh High Court, in the case of Dr. Kali Charan Sabat v. Union of India through National Institute of Technology & Ors.,1 emphasized the mandatory nature of the conciliation process under Section 10 of the POSH Act, 2013.

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