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Conciliation Under Section 10 of POSH Act, 2013: Rules & Process

 

Introduction: Understanding Conciliation Under Section 10

Section 10 of the POSH Act, 2013, introduces a delicate, often misunderstood statutory mechanism: the option for conciliation prior to initiating a formal inquiry. The Internal Committee (IC) must understand that conciliation is strictly an option reserved exclusively for the complainant upon her explicit written request. The IC has no statutory authority to mandate, force, or even suggest conciliation to the parties, as coercing a settlement undermines the protective spirit of the Act and constitutes a severe procedural violation.



1. No Monetary Settlement in POSH Conciliation

A central restriction under Section 10(1) is that no monetary settlement can be made the basis of conciliation. The scope of conciliation is strictly non-monetary and remedial, focusing on resolutions such as formal written apologies, reassignment of reporting lines, changes in physical seating, or voluntary undertakings of behavioral boundary compliance.

If an IC permits financial compensation to be negotiated or paid during a Section 10 conciliation, the settlement becomes legally invalid, exposing the employer and the committee to judicial challenge.

2. Conciliation Agreement and Documentation Process

When a valid conciliation agreement is reached, the IC must record the agreed terms, draft a formal conciliation report, and forward it to the employer for implementation, while providing copies to both parties.

Once conciliation is successfully recorded, no further formal inquiry into that specific complaint is conducted by the IC. However, if the respondent fails to comply with any condition of the conciliation settlement, Section 10(4) empowers the complainant to approach the IC again, at which point the committee must immediately launch a full formal inquiry.

3. Preventing Coercion and Misuse of Conciliation

The committee must also guard against conciliation being used as a delay tactic by respondents or corporate leadership seeking to quieten a scandal. Conciliation proceedings must be strictly time-bound and transparently documented.

The IC must ensure that the complainant's choice to opt for or reject conciliation is entirely voluntary, informed, and free from subtle organizational pressures or fear of professional disadvantage.

4. Maintaining Statutory Integrity Under Section 10

Ultimately, conciliation is a tool for restorative resolution in appropriate cases, not a bypass mechanism for accountability. By maintaining strict boundaries—prohibiting monetary payouts, preventing coercion, and ensuring enforceable terms—the IC upholds the integrity of Section 10 while providing a legally compliant pathway for amicable settlement when genuinely sought by the aggrieved woman.

Conclusion

Conciliation under Section 10 of the POSH Act, 2013, must remain voluntary, properly documented, and free from monetary settlements or organizational pressure. Internal Committees should follow the statutory safeguards carefully to protect the complainant's choice and maintain the integrity of the POSH inquiry process.

 

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