How to File a Complaint Under Section 9 Of POSH Act: Step-by-Step Guide

The PoSH Act, 2013 (Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act) is an Indian law that aims to protect women from sexual harassment at the workplace. It mandates employers to prevent and address complaints of sexual harassment, ensuring a safe and respectful work environment for women.

What Is The Definition of Sexual Harassment?

As per Section 2(n) of the POSH Act, ‘sexual harassment’ includes:

1. Physical contact and advances
2. Demand or request for sexual favors
3. Making sexually colored remarks
4. Showing pornography
5. Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature

What Is The Definition of Workplace

The POSH Act defines ‘workplace’ broadly, encompassing:

1. Offices, factories, and establishments
2. Hospitals, educational institutions, and sports facilities
3. Places visited by the employee during the course of employment, including transportation

What Is Section 9 Of The POSH Act?

1. Any aggrieved woman can file a written complaint of sexual harassment at the workplace. She must submit it to the Internal Committee (IC) if it exists. If not, she can approach the Local Committee (LC).
2. She must file the complaint within three months from the date of the incident. For multiple incidents, the complaint must be filed within three months from the last incident.
3. If the woman cannot write the complaint, the Presiding Officer or any Committee Member must help her prepare it in writing.
4. The IC or LC may extend the time limit by another three months. They must record the reasons in writing. The extension is allowed only if valid circumstances delayed the complaint.
5. If the woman cannot file the complaint due to physical or mental incapacity, death, or other valid reasons, her legal heir or another authorized person may file it.

What About Late Complaints Beyond Six Months?

1. Complaints filed after the maximum allowable period (three months plus a three-month extension) are generally not entertained.
2. The Kerala High Court has emphasized that the IC’s jurisdiction is limited to complaints that fall within the defined timeframe and scope of ‘sexual harassment’ as per Section 2(n) of the POSH Act.
3. Courts have upheld the dismissal of complaints filed beyond the prescribed period, emphasizing procedural compliance.

How To File A Complaint Under POSH Act?

1.Recognize Sexual Harassment

2: File a Written Complaint. Submit a written complaint to the Internal Committee (IC) or Local Committee (LC) within 3 months of the incident. If unable to write, the committee must assist in documenting the complaint. In cases of physical or mental incapacity, death, or otherwise, a legal heir or prescribed person can file the complaint on behalf of the aggrieved woman.

3: Include Essential Details. The complaint should contain:
Name and address of the aggrieved woman

Name and address of the respondent

Detailed description of the incident(s) with date, time, and location

List of witnesses, if any

Supporting documents or evidence

The complainant is required to submit six copies of the written complaint along with the supporting documents.

4: Committee’s Response. The IC/LC acknowledges receipt of the complaint. A copy of the complaint is sent to the respondent within 7 days. The respondent is required to reply with their response and list of witnesses within 10 working days.

Process After Filing

5: Conciliation (Optional). Before initiating an inquiry, the IC/LC may, at the request of the aggrieved woman, take steps to settle the matter through conciliation. No monetary settlement shall be made as a basis of conciliation. If a settlement is arrived at, the committee records it and provides copies to both parties. No further inquiry is conducted if the settlement terms are fulfilled.

6: Inquiry Process. If conciliation is not opted for or fails, the IC/LC initiates an inquiry. The inquiry is conducted in accordance with the principles of natural justice. Both parties are given an opportunity to be heard and present evidence. The inquiry must be completed within 90 days.

7: Inquiry Report. Post-inquiry, the IC/LC prepares a report of its findings. The report is submitted to the employer or District Officer within 10 days of completion. Copies of the report are provided to both the aggrieved woman and the respondent.

8: Employer’s Action. The employer is required to act on the recommendations of the IC/LC within 60 days of receiving the report. Actions may include disciplinary measures such as warning, suspension, termination, or counseling.

9: Appeal. If either party is dissatisfied with the outcome, they may appeal to the appropriate authority or court within 90 days of the recommendations.

Are Anonymous Complaints Allowed For Complaints Under POSH?

1. While confidentiality is maintained, anonymous complaints without disclosure of identity are generally not sufficient to initiate an official inquiry under the POSH Act.
2. The IC or management may encourage the complainant to come forward and submit a formal written complaint with their identity disclosed.
3. Courts have emphasized the importance of procedural compliance, including adherence to the prescribed timelines and proper constitution of the IC.
4. The IC must conduct a preliminary assessment to determine whether the allegations fall within the scope of ‘sexual harassment’ as defined under the Act before proceeding.

Conclusion

The PoSH Act, 2013, provides a structured mechanism to address sexual harassment at the workplace. By following the prescribed steps, aggrieved women can seek redressal and ensure a safer work environment. Employers and organizations must adhere to these guidelines to foster a culture of respect and dignity.