How do I file a sexual harassment complaint at my workplace under the POSH Act?

Question

I have faced sexual harassment from a senior colleague at work and want to know the process to file a formal complaint. Specifically, I want to know how Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, Section 9 applies to a situation like mine and what the labour law position in India actually is. If there is a deadline I should be aware of, I need to know that now.

MyVakeel Legal Desk · Accepted Answer

How do I file a sexual harassment complaint at my workplace under the POSH Act? is governed in India primarily by Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, Section 9, POSH Act 2013, Section 4 and POSH Act 2013, Section 11. Outcomes in posh act complaint disputes depend heavily on documentation, so check what you can actually evidence as you read.

Every employer with 10 or more employees must constitute an Internal Committee (IC) under Section 4, headed by a senior woman employee, with at least one external member familiar with issues of sexual harassment.

A complaint must be filed in writing under Section 9 within 3 months of the incident, extendable by another 3 months if the Committee is satisfied there was sufficient reason for the delay.

The Internal Committee must complete its inquiry within 90 days of the complaint under Section 11, and the employer must act on the recommendations within 60 days of receiving the report.

During the pendency of the inquiry, the complainant can request interim relief such as transfer of either party or leave up to 3 months under Section 12.

If there is no Internal Committee, or the complaint is against the employer, or the establishment has fewer than 10 employees, the complaint can be filed with the Local Committee constituted by the District Officer under Section 6.

What this means for you: 1) Write a detailed complaint with dates, incidents and any evidence such as messages or witnesses; 2) Submit the complaint to your Internal Committee or, if unavailable, the Local Committee within 3 months of the incident; 3) Request interim relief if you need distance from the respondent during the inquiry; 4) Escalate to the police for a criminal complaint under the Bharatiya Nyaya Sanhita if the conduct also amounts to a criminal offence.

Where the facts are disputed, what usually decides a posh act complaint matter is the paper trail — dated complaints, acknowledgments and written replies under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, Section 9. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in labour law.