POSH Law in India: Complaint, Inquiry and Appeal Procedure
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) is a critical legislation aimed at ensuring a safe and dignified working environment for women. It applies to all workplaces—public or private—organized or unorganized—and casts a statutory duty on employers to prevent and redress sexual harassment.
Sexual harassment under the POSH Act includes unwelcome acts such as physical contact, demands for sexual favours, sexually coloured remarks, showing pornography, or any other unwelcome conduct of a sexual nature.
Complaint and Inquiry Process
An aggrieved woman may file a written complaint with the Internal Committee (IC) within 3 months of the incident (extendable for valid reasons). Upon receipt, the IC may attempt conciliation at the request of the complainant, but monetary settlement is prohibited.
If conciliation fails or is not sought, the IC conducts a formal inquiry following principles of natural justice. Both parties are given the opportunity to be heard and to present evidence. The inquiry must ordinarily be completed within 90 days, followed by submission of a report to the employer.
Based on the findings, the employer must act on the IC’s recommendations within 60 days, which may include disciplinary action, compensation, or closure of the complaint.
Appeal Procedure Under POSH
The POSH Act provides a statutory right of appeal under Section 18. Any person aggrieved by:
- the recommendations of the IC, or
- non-implementation of such recommendations
may file an appeal before the appropriate appellate authority as prescribed under service rules or labour laws applicable to the workplace. The appeal must be filed within 90 days of the recommendations or action.
Courts have consistently held that the IC functions as a quasi-judicial body, and its findings can be challenged on grounds such as procedural irregularity, violation of natural justice, perversity, or lack of evidence.
Why Compliance Matters
Non-compliance with POSH obligations can attract penalties, cancellation of licences, and reputational damage. Employers must ensure proper constitution of ICs, regular training, and strict adherence to timelines.
FAQs
1. Can a complaint be filed after resignation?
Yes, if the incident occurred during employment and within the limitation period.
2. Is cross-examination allowed in POSH inquiries?
Yes, but in a controlled manner, often through written questions.
3. Can men file complaints under POSH?
No, the Act protects women; however, internal policies may address other cases.
4. Is the IC report binding on the employer?
Yes, the employer must act on it within 60 days.
5. Can IC proceedings be challenged in court?
Yes, through a statutory appeal or judicial review in appropriate cases.
