Filing a POSH Complaint: The Internal Committee Process

How do you file a POSH complaint with the Internal Committee?

You write it down and hand it to the Internal Committee, usually to its Presiding Officer. Every employer with ten or more employees must constitute an Internal Committee under section 4 of the Act and display its members' names and contact details at the workplace. Most offices put this on a notice board, in the HR policy and on the intranet. If you cannot find it, ask HR in writing for the names of the committee members; an employer who has not formed a committee is itself breaking the law.

The POSH Rules ask for the complaint to be submitted with six copies, along with supporting documents and the names and addresses of witnesses. In practice many committees now accept a complaint by email to the Presiding Officer, but give the paper copies as well and keep proof of what you submitted and when. If you cannot write the complaint yourself, section 9 requires a committee member to give you reasonable help to put it in writing.

The complaint does not need legal language. It needs facts: who did what, when, where, who saw it or heard about it at the time, and how it affected your work. Dates matter more than adjectives. If you are unsure of a date, give the closest you can and say so; committees understand that memory is not perfect, and an honest approximation is better than a confident guess that a calendar later contradicts.

Who can file a POSH complaint, and against whom?

The Act protects an 'aggrieved woman', defined widely. She can be of any age, and she need not be an employee. A trainee, intern, contract worker, consultant, client, visitor or a woman who came for an interview can complain if the harassment happened at the workplace. The person complained against, called the respondent, can be anyone: a colleague, a manager, a director, a vendor's staff member, a client. The Act does not cover a man's complaint about harassment of himself, though many employers extend their own policies to all genders and handle such complaints under the conduct rules.

If the woman cannot make the complaint because of physical or mental incapacity or death, the Rules allow a relative, friend, co-worker, an officer of the National or State Commission for Women, or her legal heir to file it, with her written consent where she can give it. This is used rarely but matters where a woman is hospitalised or too distressed to act within the time limit.

'Workplace' is not limited to the office building. It covers any place visited during employment, including transport provided by the employer, client sites, offsite events and hotels on work trips. Committees regularly treat messages, calls and video meetings connected with work as within the Act even if they happened after hours or from home. The question is the link to work, not the location.

What counts as sexual harassment under the POSH Act?

Section 2(n) lists unwelcome acts or behaviour, whether direct or implied: physical contact and advances, a demand or request for sexual favours, sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal or non-verbal conduct of a sexual nature. 'Unwelcome' is judged from the woman's side. The respondent's intention, or his claim that it was a joke, does not decide the question.

Section 3(2) adds circumstances that make the conduct worse or amount to harassment in themselves: an implied or explicit promise of preferential treatment in her job, a threat of detrimental treatment, a threat about her present or future employment status, interference with her work or creating an intimidating, offensive or hostile work environment, and humiliating treatment likely to affect her health or safety. A manager who links appraisal ratings to personal favours falls squarely within this, even if no physical act occurred.

Not every rude or unfair act is sexual harassment. Shouting, unfair work allocation or a poor rating without any sexual element are workplace grievances, and they go through the ordinary grievance process. A committee that receives such a complaint will usually say so in its report. Framing a general dispute as a POSH complaint tends to weaken it, so be precise about what the sexual element was.

Internal Committee, Local Committee or police: which forum?

These are not either/or choices. A woman can file a POSH complaint and a police complaint about the same conduct, and the two proceed separately.

The Internal Committee is also the right forum in government offices. For central government employees, the committee is treated as the inquiring authority under the conduct and discipline rules, so its findings feed straight into the disciplinary case. How that departmental process works is covered in replying to a charge sheet in a departmental inquiry.

What is the time limit for a POSH complaint?

Three months from the date of the incident, or, where there is a series of incidents, three months from the date of the last one. Section 9 lets the committee extend this by a further three months if it is satisfied that circumstances prevented the woman from filing in time, and it must record its reasons in writing. So the outer limit is six months from the last incident.

The 'series of incidents' rule is important. If a manager made remarks in January and March and touched you in May, the three months run from May, and the earlier incidents can be part of the same complaint. Describe them all; a pattern is often what persuades a committee. But each earlier incident must be connected to the series, so a stray event from years ago is unlikely to help on its own.

If you are near the deadline, file a short complaint now and add details later. Committees routinely accept a supplementary statement. If you are past three months, still file, and explain the delay in a separate paragraph: fear of losing the job, a pending appraisal, illness, being on a client posting, waiting for the respondent to leave the team. Be honest. A plain account of why you waited carries more weight than a long justification.

Steps from complaint to inquiry

This is the order the Act and the Rules set out. Some employers' service rules add their own steps, but they cannot cut down these minimums.

1. Write a dated account

   Before anything else, write down what happened, with dates, places and names of anyone present, while your memory is fresh. Keep it private. This becomes the backbone of the complaint and helps you answer questions consistently later.

2. Preserve the evidence

   Save messages, emails, call logs and screenshots in their original form, and export chats with dates visible. Do not edit or crop them. Note who you told at the time, because a friend or colleague you confided in that day is often the most useful witness.

3. Submit the written complaint

   Give the complaint to the Presiding Officer with six copies, the documents and the names and addresses of witnesses. Ask for a dated acknowledgment, or send it by email so the date is recorded. Keep a full set for yourself.

4. Decide whether you want conciliation

   Before the inquiry starts, you can ask the committee to try to settle the matter through conciliation under section 10. It is your choice alone; the respondent or the employer cannot force it. If you do not ask, the committee goes straight to the inquiry.

5. Respondent is served and replies

   The committee sends a copy of the complaint to the respondent within seven days. He has ten days from receiving it to file his reply with his documents and the names of his witnesses. You are entitled to see his reply.

6. Hearings and evidence

   The committee hears both sides, records statements and examines witnesses, following the principles of natural justice. Neither side can bring a lawyer to represent them at the hearings, and at least three members, including the Presiding Officer, must be present.

7. Report and action

   The committee finishes the inquiry within 90 days and gives its report to the employer within ten days after that, with copies to both parties. The employer must act on the recommendations within 60 days.

When Advocate B.K. Singh looks at a POSH file, either for a complainant or for the person accused, the first thing he checks is the acknowledgment date and the date the respondent received the copy. Those two dates decide whether the 90 days have been respected and whether either side can later complain that the process was rushed or delayed.

What to attach to a POSH complaint

Attach what you have. You do not need every item on this list, and the absence of documents is not a reason for the committee to refuse the complaint.

Can a POSH complaint be settled through conciliation?

Yes, but only if the woman asks for it, and only before the inquiry starts. Section 10 lets the committee take steps to settle the matter between the parties through conciliation. The law adds one firm condition: no monetary settlement can be the basis of conciliation. A respondent cannot pay his way out of the process.

If a settlement is reached, the committee records it and sends it to the employer, and no further inquiry is held. Copies go to both parties. Typical terms are a written apology, a change of reporting line, an undertaking not to contact the woman except on work matters, or a transfer of one of them by agreement. If the respondent later breaks a term, the woman can inform the committee, which will then hold the inquiry or forward the complaint to the police.

Conciliation suits some cases: a single inappropriate remark by a peer who accepts it was wrong, for instance. It suits few cases where there is a power imbalance, repeated conduct or anything physical. A woman should not feel pressured by HR or colleagues into asking for it, and committee members should check that the request genuinely comes from her.

What happens during the Internal Committee inquiry?

The inquiry is fact-finding, not a criminal trial. The standard is the balance of probabilities: is it more likely than not that the conduct happened? There is no requirement of an eyewitness, and committees regularly decide cases on the woman's account, the documents and the surrounding circumstances. Consistency matters a great deal, so the account in your first complaint, your oral statement and your answers to questions should line up.

Both sides are entitled to see the material against them and to respond. Committees usually let each side put questions to the other's witnesses, often in writing through the Presiding Officer so that the complainant is not questioned face to face by the respondent. You can ask for that arrangement, and you can ask for hearings to be held separately. A committee can also hold hearings by video where needed.

Lawyers cannot appear for either party before the committee, but both can take advice outside the hearings and prepare their statements with help. If a party fails to attend three consecutive hearings without sufficient cause, the committee can end the inquiry or decide it ex parte, after giving fifteen days' written notice. Committees should give each side a fair chance to be heard, because a report made after denying that chance is the easiest kind to set aside on appeal.

Can you ask for interim relief while the inquiry is pending?

Yes. Under section 12, on the woman's written request, the committee can recommend that the employer transfer her or the respondent to another workplace, grant her leave of up to three months (over and above her normal leave), or restrain the respondent from reporting on her work performance or writing her appraisal. The employer must implement the recommendation and tell the committee it has done so.

Ask for interim relief in writing, at the same time as the complaint or soon after, and explain why you need it. The most common request is a change of reporting line, because working under the person you have complained about, while he controls your rating, is the situation most likely to cause further harm. A committee will usually prefer moving the respondent's reporting duties over moving the woman, unless she asks to move.

Interim relief is not a finding against the respondent. It protects the process. Respondents sometimes treat it as punishment and react by cutting the woman out of meetings or emails. That kind of conduct can itself be raised with the committee and is often taken into account in the final report.

How long does a POSH inquiry take, and what does the report recommend?

Section 11(4) requires the inquiry to be completed within 90 days. The report must reach the employer within ten days of completion and be made available to both parties. If the committee finds the allegation proved, section 13 requires it to recommend action for misconduct under the service rules (or, where there are none, under the POSH Rules), and it may recommend that compensation be deducted from the respondent's salary or paid by him directly.

The penalties listed in the Rules range from a written apology, warning, reprimand or censure, through withholding of promotion, pay rise or increments, to termination, along with counselling or community service. Compensation under section 15 is fixed by looking at the mental trauma and emotional distress caused, the loss of career opportunity, medical expenses, and the respondent's income and financial position. It can be paid in a lump sum or in instalments.

If the committee finds the allegation not proved, it recommends that no action is needed. That is not the same as a finding that the complaint was false. In practice inquiries often run past 90 days because of adjournments sought by one side, leave or committee members changing. Either party can write to the committee and the employer pointing out the delay, and an unexplained delay can be raised in any later appeal.

Mistakes that weaken a POSH complaint

• Waiting for one more incident. Many women hold off hoping the conduct stops. Keep a dated note from the first incident, so that when you do complain the pattern is already documented.
• Editing the evidence. A cropped screenshot or a chat with messages deleted invites the argument that something was hidden. Give the full thread, even the parts that feel awkward.
• Complaining only orally to a manager. An informal word to your manager is not a complaint under the Act. Put it in writing to the Internal Committee.
• Adding unrelated grievances. A complaint that mixes sexual harassment with salary, leave and workload disputes is harder to decide. Raise the other issues separately.
• Posting about it before filing. Public posts naming the respondent can lead to a defamation claim and give him an argument that the complaint is a campaign. File first; speak later if you choose, carefully.
• Accepting an HR 'chat' in place of the process. HR cannot replace the committee. If HR proposes a quiet resolution, you can still insist on a formal complaint.

What if the complaint is false, or simply cannot be proved?

Section 14 allows action against a complainant only if the committee concludes that the complaint was malicious, or that she knowingly gave a false or forged document. The same section says that the mere inability to substantiate a complaint or to provide adequate proof does not attract action. Malicious intent has to be established through an inquiry before any action is recommended.

So a complaint that fails for want of evidence does not expose the complainant to punishment. Committees and employers that start counter-proceedings simply because a complaint was not proved act against the Act, and that can itself become a ground of challenge. A witness who knowingly gives false evidence can also face action under section 14.

For respondents, this cuts both ways. If you believe a complaint has been made to settle a score, say so in your reply with specific facts, and ask the committee to examine it. But an accusation of malice that rests only on the fact that the complainant had a dispute with you will rarely succeed.

If a POSH complaint is made against you: how to respond

Read the complaint slowly, note every date and allegation, and reply within the ten days. A respondent who replies late, or in two lines, gives the committee little to work with. Address each allegation: admit what is true, deny what is not, and give your account of the context. Attach your documents and give the names of your witnesses. If you need more time, ask in writing before the ten days end.

Do not contact the complainant about the complaint, directly or through colleagues, and do not change how you treat her at work. Retaliation is the single most damaging thing a respondent can do, and it is often what turns a doubtful case into a proved one. Keep your interactions with her strictly professional and in writing where possible. If you supervise her, expect an interim change of reporting line and accept it.

A point Advocate B.K. Singh often makes to respondents is that a POSH report usually turns on the documents and the timeline, not on the strength of the denial. A reply that explains specific messages, gives dates and points to records tends to be read more carefully than a general claim of innocence. If you are a government servant, the report will feed into a disciplinary case, so treat your reply as if it were a defence statement.

Confidentiality and protection from retaliation

Section 16 bars publication or disclosure of the contents of the complaint, the identity and address of the woman, the respondent and the witnesses, the conciliation and inquiry proceedings, the recommendations and the action taken. This information is also kept out of the Right to Information Act. The only permitted disclosure is general information about justice having been secured, without names. The Rules provide for a penalty of ₹5,000 on a person who breaches confidentiality, recovered under the service rules.

Confidentiality binds everyone involved, including the complainant and the respondent. Both should avoid discussing the case with colleagues. Sharing the report on a WhatsApp group or social media is a breach even if the person sharing it was a party.

The Act does not have a separate retaliation section, but victimisation of a complainant or witness is treated as misconduct and as part of the employer's duty under section 19 to provide a safe working environment. A woman who faces adverse treatment after complaining, such as a sudden poor rating, exclusion from projects or a transfer she did not ask for, should report it to the committee in writing with dates. If she is dismissed, the termination can be challenged as described in our post on wrongful termination.

What if there is no Internal Committee, or the committee is not independent?

An employer who fails to constitute an Internal Committee, or does not act on its recommendations, faces a fine of up to ₹50,000 under section 26, double for a repeat offence, and possible cancellation of its licence or registration. That penalty does not help the woman directly, so in the meantime she should complain to the Local Committee of the district, which the District Officer constitutes. In Delhi, the Local Committees sit with the district administration; in Noida and Ghaziabad, with the district magistrate's office.

A committee must have an external member from an NGO or association committed to women's issues, or someone familiar with sexual harassment matters, and at least half of its members must be women. A committee without its external member, or one where a member reports to the respondent, is open to objection. Raise the objection in writing at the start, ask for the member to step aside, and keep a copy. Objections raised for the first time after an adverse report carry much less weight.

For employees of a government department, public sector undertaking or other public body, a defective committee or a plainly unfair inquiry can be challenged by a writ petition. When to go to the High Court and how is covered in writ petitions in the Delhi High Court, and service matters of central government employees are described on our page on service law and CAT practice.

Can you appeal the Internal Committee's recommendations?

Yes. Section 18 gives either party a right of appeal against the committee's recommendations, or against non-implementation of them. The appeal goes to the court or tribunal named in the service rules; where there are no service rules, the POSH Rules point to the appellate authority notified under the standing orders law. The appeal must be filed within 90 days of the recommendations.

An appeal is strongest when it points to a defect in the process: a copy of the complaint or reply not given, a witness refused without reason, a hearing held without notice, a member with a conflict of interest, or a report that ignores material evidence. An appeal that only says the committee believed the wrong person rarely succeeds, because the appellate forum gives weight to the committee's assessment of the people it saw and heard.

Where the employer is a government body, the employee may also have remedies before the Central Administrative Tribunal or the High Court once the disciplinary authority acts on the report. For private sector employees, a termination that follows a POSH report can be challenged in the labour machinery (for workers) or by a civil suit (for managers), which is explained on our page on labour law practice.

What to do this week if you are thinking of complaining

• Write a dated account of each incident, with places and names of anyone present
• Export the full chats and emails with dates visible, and store copies outside your work devices
• Find the Internal Committee's members on the notice board, policy or intranet
• Count three months from the last incident and note the date in your calendar
• Decide whether you want interim relief, such as a change of reporting line, and put it in the complaint
• Note the names of colleagues, friends or family you told at the time
• If the conduct is also a crime, decide whether to file a police complaint as well; see how to file a zero FIR or e-FIR
• If intimate images or messages are being shared, act at once; see removing intimate images shared without consent

When to take legal advice

Many complainants file without a lawyer and the process is designed to allow that. Advice helps most at three points: when you are drafting the complaint and want the timeline to be clear and complete, when the respondent's reply raises issues you were not expecting, and after the report, when you or the respondent are deciding whether to appeal. Employers often take advice when constituting the committee and when a complaint involves a senior person.

At our firm, a complainant's first conversation is usually with Advocate Sadhna Singh, who reads the papers and works out the dates. If you want an advocate to read your complaint or the notice you have received before you reply, the team of Advocate B.K. Singh can look at the papers in confidence and tell you where you stand; you can reach us through the online enquiry form.