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POSH Complaint Process

The Section 9 of the POSH Act provides for ‘Complaint of Sexual Harassment’. The aggrieved woman who suffered from sexual harassment at workplace may make a written complaint to the Internal Committee. In the absence of such a Committee, she may approach the Local Committee as per the POSH Complaint timeline. In case the woman is unable to make a written complaint, it provides for the Presiding Officer or any member of the Internal Committee or that of Local Committee to assist such woman in making the POSH complaint in writing. 

After receiving a complaint under POSH Act, the Internal Committee or the Local Committee may proceed with the inquiry as per the service rules, or forward the same to the police, as the case requires. 

What to write in a POSH Complaint?

If you are a victim of sexual harassment at workplace, you need to express in writing the detailed incidents of such harassment along with the relevant dates, timings and locations, name and designation of the person against whom such complaint is made. In addition, details of the persons who witnessed such sexual harassment, or the availability of evidence, if any, should not be missed out while writing complaint under the POSH Act.  

Who can file a complaint under the POSH Act?

Speaking of the victim, only a woman can file a POSH complaint. Apart from the victim herself, in case the aggrieved woman is suffering from physical incapacity and is unable to file a complaint under POSH Act, the same may be filed by her relative, friend, co-worker, an officer of the National Commission for Women or State Women’s Commission, or anyone having knowledge of the incident and a written consent by the aggrieved woman. In case of the victim's mental incapacity, a POSH complaint may be filed by her relative, friend, special educator, qualified psychiatrist or psychologist, guardian, or any person having knowledge of the incident jointly with one of the aforementioned persons. In addition, if the aggrieved woman is dead, such a complaint may be filed by anyone having knowledge of the incident with the written consent of her legal heir. 

Can a POSH complaint be filed anonymously?

The Act is not clear about anonymous complaints, however, it does lay down for maintaining anonymity of the complainant, respondent and other parties involved. Hence, there are mixed views on whether POSH complaints can be filed anonymously. The Act requires filing of a written complaint, which means oral complaint cannot be acted upon. However, it is considered advisable for the employers not to ignore anonymous complaints, if received, although they may not be a must to be proceeded with as per the POSH Act. 

Can a man complain under the POSH Act?

No! As the title of the Act suggests, the POSH law is women centric and not gender neutral. In fact, the Section 3 dealing with ‘Prevention of Sexual Harassment’ only restricts sexual harassment against women at a workplace. Hence, even if a male is subjected to sexual harassment and all other requirements under the POSH Act are fulfilled for initiating a complaint under POSH Act, a man cannot complain and seek redressal. 

How much is the time limit to file a posh complaint?

People often have doubts regarding the POSH Complaint Timeline. Section 9 of the Act specifies that the time limit for filing a complaint under POSH Act is 3 months from the date of incident. Also, in case of continuing or series of incidents, the POSH complaint may be filed within 3 months of the last incident. In case the Committee members are satisfied with the existence of circumstances preventing the woman from filing a complaint under POSH Act, the time limit may be extended for another 3 months.