A senior woman harassed me and HR says POSH applies only to male respondents. Is that right?

Answered by Advocate Sharan Jain··POSH & Workplace Harassment

Legal Shorts · 64 words

No. The POSH Act defines the respondent as a person against whom an aggrieved woman makes a complaint. It does not say that the respondent must be a man. Ask the committee to assess the alleged conduct and workplace connection, rather than reject the complaint solely because the senior colleague is a woman. The complainant still needs to fall within the Act's statutory scope.

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No. The POSH Act defines the respondent as a person against whom an aggrieved woman makes a complaint. It does not say that the respondent must be a man. Ask the committee to assess the alleged conduct and workplace connection, rather than reject the complaint solely because the senior colleague is a woman. The complainant still needs to fall within the Act's statutory scope.

Which words in the Act answer HR's objection?

Section 2(m) defines respondent as a person against whom the aggrieved woman has made a complaint under section 9. Section 2(n) then describes the unwelcome acts that can constitute sexual harassment, including physical contact and advances, demands for sexual favours, sexually coloured remarks, showing pornography and other unwelcome conduct of a sexual nature. The respondent's sex is not substituted for that conduct test.

Send HR the two provisions with a direct request: "Please place my written complaint before the competent committee. Section 2(m) does not restrict respondents to men. I request assessment of the incidents set out in the complaint under sections 2(n) and 3." That keeps the objection narrow and verifiable.

Does every dispute between female colleagues become a POSH case?

No. Describe the sexual nature of the conduct or its connection to sexual harassment. General bullying, an unfair roster, disagreement over performance or an insulting comment is not automatically brought within POSH because both parties are women or because the conduct was humiliating.

For a remark, give the actual words as accurately as you can. For touching, describe the contact and circumstances. If promotion, appraisal or job security was used as pressure, identify the promised benefit or threat and its connection to the unwelcome conduct. Section 3(2) addresses those circumstances when related to sexual harassment. It is not a free-standing rule turning every employment grievance into a POSH allegation.

Keep a separate section for ordinary management issues if they matter to context. This lets the committee identify its own remit and prevents a legitimate workplace grievance from being lost because part of the file belongs in a different process.

Which committee should receive the complaint?

Normally use the competent Internal Committee for the workplace. If the senior woman is herself the employer within section 2(g), the Local Committee route under section 6 needs examination. Seniority alone does not make her the employer, and being the complainant's manager does not automatically move the case out of the Internal Committee.

If she is a committee member, disclose that conflict and ask for an impartial arrangement through the appropriate authority. Request the constitution order and membership details. Do not assume the entire workplace is exempt or that her committee position permits her to decide a complaint about herself.

What if HR refuses even to acknowledge it?

Send the complaint through a channel that creates a reliable receipt and ask for the refusal and reasons in writing. Keep the original submission. The issue is not whether HR approves your interpretation of the law before you can place facts before the statutory committee.

Watch section 9's filing period. The ordinary limit is three months from the incident or last incident in a series, with a possible further extension of up to three months for recorded reasons where circumstances prevented filing. An ongoing argument with HR about gender does not itself guarantee that the committee will extend time. If necessary, include a separate explanation of the obstruction and request the extension.

How should I preserve evidence without spreading the complaint?

Keep relevant messages, your chronology, the names of witnesses and the policy correspondence. Ask the custodian to retain CCTV or workplace chat identified by date and location. Avoid a public discussion framed as whether women can harass women. Your evidence concerns particular conduct by a particular person, not a claim about a group.

Do not infer sexual orientation from the conduct or treat it as an element you must prove. A complaint should describe the unwelcome act, its context and the impact relevant to the workplace issue. Speculation about private identity distracts from that assessment and risks unnecessary disclosure.

The next step is a dated request for registration and a reasoned jurisdiction decision, accompanied by the actual incident account. If a report or adverse recommendation later issues, obtain it and take advice on the appropriate challenge and time limit. An initial HR email is not necessarily the statutory committee's final decision.

For the general route, see our POSH complaint guide. The employment and labour practice page covers the related employment issues.

Sources

The law this answer relies on, so you can read it yourself.

  1. 1.Sexual Harassment of Women at Workplace Act,2013: Sections2,4,6,9,11,16,19. Read the source
  2. 2.POSH Rules2013, government-hosted reproduction of GSR769(E): Rules6 and7. Reproduction has OCR errors, read with Act.. Read the source

The short answer's sources were checked on 29 September 2026. Statutes and judgments can change, so check the current position before you act on anything here.

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SJ

Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at October 1, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

People also asked

Employment & Labour

I have been sexually harassed at work. How does a POSH complaint actually work?

An aggrieved woman can make a written POSH complaint to the workplace Internal Committee. Ordinarily, file within three months of the incident, or the last incident in a series. A further extension needs reasons showing why you could not file earlier. Describe what happened, when and where, and identify messages or witnesses. The district Local Committee handles specified cases, including complaints against the employer. Ask for help putting the complaint in writing if needed, and keep proof of submission.

Employment & Labour

My colleague died before filing her harassment complaint. Can her legal heir submit it?

A complaint is not automatically barred because the woman has died. Section 9(2) permits a legal heir or other prescribed person to complain, and Rule 6(iv) allows a person with knowledge of the incident to file with the written consent of her legal heir. Prepare evidence of both the knowledge and the heir's consent. The committee must still examine jurisdiction, timing and the available evidence.

Employment & Labour

I am a domestic worker. The Local Committee says it may send my complaint to the police. Is that the proper route?

Yes, the POSH Act expressly provides a police-forwarding route for a domestic worker where the Local Committee finds a prima facie case. Section 11(1) requires forwarding within seven days in that situation. Ask for the forwarding letter, police station and acknowledgment so the complaint does not disappear between the two bodies. A referral is not a finding of criminal guilt.

Employment & Labour

HR disputes that the owner I complained against is the employer. How do I establish which POSH committee should hear it?

Address the complaint to the district Local Committee if the respondent is the employer within the POSH Act's definition. Section 6 gives that committee jurisdiction over complaints against the employer himself, even where a company has an Internal Committee. First establish the person's management role, because being a shareholder or senior employee alone does not settle the statutory definition. A respondent should not decide their own complaint.

Employment & Labour

I cannot write my POSH complaint because of a disability. Who can help without taking over my complaint?

You can ask the committee to help put your own complaint in writing. Section 9 expressly requires reasonable assistance where the complaint cannot be made in writing. If physical incapacity prevents you from making it yourself, section 9(2) and Rule 6 provide specified substitute-filing routes. Needing an interpreter or accessible document does not mean you must surrender control of your account.

Employment & Labour

The committee says a witness used a forged screenshot. Can it punish the witness automatically?

No automatic punishment follows from calling a screenshot forged. Section 14(2) concerns a committee conclusion that a witness gave false evidence or produced a forged or misleading document. The committee can recommend action to the witness's employer or the District Officer, as applicable, under the applicable service rules or prescribed procedure. Ask to see the precise allegation, the material said to establish falsity and the proposed process before giving your response.

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