Conciliation (POSH)

Under Section 10 of the POSH Act, before initiating a formal inquiry, the Internal Committee or Local Committee may, at the written request of the complainant, take steps to settle the matter through conciliation. Critically, the Act explicitly states that monetary settlement cannot be made the basis of conciliation — preventing coercive financial settlements that silence complainants.

Conciliation is entirely complainant-led: it can only proceed if the aggrieved woman requests it in writing. The respondent cannot initiate it, and no pressure may be placed on the complainant to pursue it. If conciliation fails, the IC or LC must proceed to a formal inquiry — conciliation does not replace the right to a full investigation.

The IC records conciliation settlements and provides copies of the settlement terms to both parties. If the respondent fails to comply with any agreed terms, the IC can proceed to an inquiry as if no conciliation had occurred — protecting the complainant from settlement agreements being used to delay accountability.

Understanding conciliation is important for IC members, HR professionals, and managers because it is frequently misunderstood. Some organisations attempt to use informal 'conciliation' as a first response to all complaints — before a formal complaint is even filed — which is illegal under the Act. Aktrea's POSH training for IC members covers the legal boundaries of conciliation in detail.