Can the POSH Nodal Officer Be an Internal Committee (IC) Member?

One of the most common questions organisations face when setting up their Prevention of Sexual Harassment (POSH) framework is regarding role duality: Can the POSH Nodal Officer also serve as a member of the Internal Committee (IC)?

The short answer: No.

While the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 does not explicitly prohibit this, both the SHe-Box portal’s operational design and the principles of natural justice make such dual roles practically and legally untenable.

For a detailed reference on SHe-Box compliance and the role of Nodal Officers, see this guide:👉 https://www.poshexpertsolutions.com/post/she-box-portal-compliance-guide-role-of-nodal-officer-legal-mandate-faqs

1. The SHe-Box Technical Barrier

The most immediate restriction comes from the Government of India’s SHe-Box portal, managed by the Ministry of Women & Child Development (MWCD). Since SHe-Box is the official platform for filing and forwarding sexual harassment complaints, every compliant organisation must register on the portal.

The platform enforces a mandatory separation of roles:

• Unique login credentials are generated separately for the Nodal Officer and the Presiding Officer of the IC.

• The platform will not permit a single email/user profile performing both roles (this leads to lock-out or registration failure).

• Organisations attempting to merge the roles may face technical glitches or inability to file required annual reports via the portal.

  
  

Because of this, using the same person for both roles isn’t just inadvisable — it may be unworkable.

2. Conflict of Interest: Administrator vs. Adjudicator

Even if the portal allowed it, combining the roles would violate natural justice and undermine the fairness of the POSH inquiry process.

Role of the Nodal Officer – “The Administrator”

The Nodal Officer primarily performs administrative and liaison duties, such as:

• Registering the organisation on SHe-Box

• Updating company information

• Forwarding SHe-Box complaints to the IC

  
  

They act as the first point of contact between the organisation, government, and complainant.

Role of IC Members – “The Judges”

The Internal Committee functions as a quasi-judicial body tasked with:

• Evaluating evidence

• Interviewing witnesses

• Conducting hearings

• Delivering findings and recommendations

  
  

The Risk

If the same person receives complaints (as Nodal Officer) and adjudicates them (as IC Member), it compromises:

• Neutrality

• Transparency

• Credibility

• Legal defensibility in court

  
  

A fair POSH system requires a clear division between administrative duties and judicial inquiry.

3. Best-Practice Recommendations for Appointments

To maintain robust POSH compliance, organisations should structure their team as follows:

Role	Ideal Candidate Profile
Nodal Officer	HR Head, Compliance Officer or Legal Counsel. Should focus on administration and portal interface. Should not serve on the IC.
Presiding Officer (IC)	Senior woman employee (mandatory). Leads inquiry.
IC Members (Internal)	Employees with legal/social-work experience or commitment to women’s safety.
IC Member (External)	A completely independent person (lawyer/social worker/NGO) to ensure objectivity.

By maintaining these distinct roles, organisations safeguard both compliance with the SHe-Box mechanism and the integrity of inquiries. (For detailed reading: Who Does What – Duties of Each IC Member in the POSH IC and Choosing the Right External Member for POSH Compliance – Key Judicial Precedents & Best Practices).

Summary

For a "clean" compliance record and a hassle-free experience on the government SHe-Box portal, do not appoint an IC member as the Nodal Officer.

Instead, appoint a dedicated Compliance or HR representative as the Nodal Officer. This separation of power ensures you avoid technical login issues, maintain neutrality, and protect your organisation from claims of bias during an inquiry.