The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 creates a specific, time-bound internal process. Knowing the timelines matters, because they are short.
Who and where
- Every workplace with 10 or more employees must constitute an Internal Committee (IC), chaired by a senior woman employee and including an external member from an NGO or someone familiar with issues of sexual harassment.
- Where there is no IC, or the complaint is against the employer, the complaint goes to the Local Committee constituted by the District Officer.
- "Workplace" is defined widely and includes places visited during employment and transport provided by the employer. The Act protects employees, and also visitors, clients, interns and contract workers at the workplace.
The process and its timelines
- Written complaint within three months of the incident, or of the last incident in a series. The IC may extend by a further three months for recorded reasons.
- Conciliation, if the complainant requests it. No monetary settlement may be the basis of conciliation, and it is optional.
- Enquiry by the IC, which must be completed within 90 days. It follows principles of natural justice: the respondent gets the complaint and an opportunity to respond, and both sides may lead evidence, though legal practitioners may not represent parties before the IC.
- Report within 10 days of completion, with recommendations. The employer must act on them within 60 days.
- Appeal to the appellate authority within 90 days.
Interim relief you can ask for
During the pendency, the IC can recommend transferring the complainant or the respondent, granting the complainant up to three months' leave in addition to her normal entitlement, or restraining the respondent from reporting on her work. Ask for this expressly at the outset; it is not offered automatically and it is the provision that makes continuing at work possible.
During the pendency, the IC can recommend transferring the complainant or the respondent, granting the complainant up to three months' leave in addition to her normal entitlement, or restraining the respondent from reporting on her work. Ask for this expressly at the outset; it is not offered automatically and it is the provision that makes continuing at work possible.
Confidentiality and retaliation
The Act requires confidentiality, and publishing the identity of the complainant, respondent or the proceedings attracts a penalty. Retaliation for filing a complaint is itself actionable, and a termination that follows a POSH complaint is very vulnerable to challenge.
Criminal proceedings run in parallel
The POSH process is civil and internal. It does not bar a criminal complaint, and the relevant provisions now include Sections 75 and 79 of the Bharatiya Nyaya Sanhita. The IC is required to assist the complainant in filing one if she wishes.