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Section 10 of POSH Act: Voluntary Conciliation and Legal Compliance

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  Introduction Section 10 of the POSH Act, 2013 , introduces a delicate and often misunderstood statutory mechanism: the option of conciliation before 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 serious procedural violation. 1. Voluntary Conciliation Under Section 10 A central requirement under Section 10(1) is that conciliation can only be initiated at the request of the aggrieved woman before the commencement of the inquiry. The Internal Committee must ensure that her decision is entirely voluntary and based on her explicit written request. The IC must never pressure the complainant into accepting conciliation or influence her decision through orga...