Conciliation under the POSH Act (section 10): what to know

Under section 10 of India’s POSH Act, conciliation is a way for the Internal Committee (IC, often called the ICC) or the Local Committee (LC) to try to settle a sexual harassment complaint between you and the respondent before any inquiry begins, and only if you ask for it. A monetary settlement cannot be its basis. If a settlement is reached, the committee records it, gives you and the respondent a copy and holds no inquiry, unless you later report that its terms were not kept. This guide for India explains the steps and what to write down. It is not legal advice and does not tell you which option to choose.

What section 10 of the POSH Act says

• When: after your written complaint reaches the committee and before it starts an inquiry under section 11. Conciliation does not replace the complaint, so the three-month limit for making the complaint still applies (see POSH complaint format and timeline).
• Who asks: you. The Act says the committee may take steps toward conciliation “at the request of the aggrieved woman”.
• No money: “no monetary settlement shall be made as a basis of conciliation.”
• Record and copies: the committee records the settlement, forwards it to the employer or District Officer to act as recommended, and gives copies to you and the respondent.
• No further inquiry: once a settlement is reached, the committee does not hold an inquiry. Section 11 adds an exception: if you inform the committee that the respondent has not complied with a term, it is to proceed with the inquiry (or, for a domestic worker’s complaint to the LC, forward it to the police).

What the Ministry’s handbook adds

The Ministry of Women and Child Development’s 2015 handbook for employers and committees places conciliation within an informal route. It says the committee should assess how serious the situation is before recommending conciliation and, if necessary, help you take the formal route. It says the committee should never advise you to resolve the matter directly with the respondent, and that the choice of the formal process rests with you, even if the person handling the complaint believes it could be resolved informally. Employers and District Officers, it adds, are responsible for making sure you are not subjected to backlash.

Conciliation or inquiry: how they differ

Section 16 covers both: information about conciliation and inquiry proceedings is not to be published or made known to the public, press or media.

Questions to write down before you agree

The Act does not list what a settlement may contain, apart from ruling out money as its basis. Writing down your own answers before the meeting can help the record reflect what you actually asked for:

• What exactly should stop, and from when? Name the behaviour, the channel (in person, calls, WhatsApp) and the place.
• Does anything about reporting lines, seating, shifts or who reviews your work need to change?
• Who at the employer will act on the settlement, and by when?
• If a term is broken, whom will you tell, and how? Section 11 lets you inform the committee.
• Will you receive your copy on the day? Check that the wording matches what was agreed.

If you are unsure, you could ask the committee how long you have to decide, and ask it to explain the inquiry route as well. If anyone presses you to settle, note who, when and what was said.

A fictional record of a settlement

Invented example, not a real person or workplace:

• “Thursday 20 August 2026, 3 pm, IC meeting room. I had asked for conciliation in writing. Present: the Presiding Officer and two members. Agreed: A will not message me outside the team group; my reviews move to manager B from 1 September. No money discussed. Received a signed copy at 4:10 pm.”
• “Tuesday 22 September 2026, 11:48 pm, WhatsApp. A sent me a direct message: ‘Still upset?’ Took a screenshot; did not reply.”
• “Wednesday 23 September 2026, 10 am. Emailed the Presiding Officer that the first term was not kept, with the screenshot attached. Saved the sent email.”

Each line keeps the date, the channel and what was done, so the sequence is clear later. If your complaint went to the Local Committee because your workplace has no IC, see filing a POSH complaint with the Local Committee. If you filed online, see preparing a SHe-Box complaint.

Keeping your own copy and notes

Keep your copy of the settlement unchanged, and add a new dated note for each later event instead of rewriting earlier ones. The free incident log template uses the same prompts. Kirokune keeps notes, photos and voice recordings together in one case on your iPhone, each with its own “When it happened” date. Records stay on your iPhone, and Kirokune keeps no cloud copy of its own; if iPhone backup (iCloud or a computer) is on, your records are included in it. If you are in immediate danger, contact local emergency services first. Kirokune does not diagnose, decide what happened or give legal advice, and it does not file anything for you.

Frequently asked questions

Is conciliation compulsory under the POSH Act?

Section 10 lets the Internal or Local Committee take steps toward conciliation at the request of the woman who made the complaint. The Ministry of Women and Child Development’s handbook adds that the choice of the formal process rests with her, even if the person handling the complaint believes it could be resolved informally.

Can a POSH complaint be settled with money?

Not through conciliation under section 10. The Act says no monetary settlement shall be made as a basis of conciliation. Separately, if an inquiry finds the allegation proved, section 13 allows the committee to recommend a sum to be paid, having regard to the factors in section 15.

What happens if the respondent breaks the settlement?

Section 11 says that if the woman informs the committee that any term or condition of the settlement has not been complied with by the respondent, the committee is to proceed with an inquiry into the complaint or, where it applies, forward the complaint to the police. Keep a dated note of what happened and when you told the committee.

Is there an inquiry after a settlement?

No further inquiry is to be held once a settlement is reached under section 10, except where you report that its terms were not kept. The committee records the settlement, sends it to the employer or District Officer to act on, and gives copies to both parties.

Can the committee ask me to sort it out with the respondent myself?

The Ministry’s handbook says that at no point should the committee advise the complainant to resolve the matter directly with the respondent. If conciliation is used, it describes a neutral conciliator and a resolution recorded and forwarded through the committee.

Kirokune helps you keep a record. It does not diagnose, decide what happened, or give legal advice.