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.
Why is my case being sent outside the Local Committee?
The domestic-worker branch in section 11(1) differs from the usual inquiry against an employee under workplace service rules. It directs the Local Committee to forward a domestic worker's complaint to police if a prima facie case exists. The Act's text refers to section 509 of the former IPC and other relevant penal provisions. Police must identify the substantive criminal law applicable to the incident date, including the current code where applicable. Do not copy an old section number into a new complaint as though the date makes no difference.
The Local Committee referral is a starting assessment, not a criminal conviction or a promise that police will charge a particular offence. Your account remains important. Describe what happened in the house, who was present, your work arrangement and any threats that followed. A worker paid through an agency should identify both the household and the agency rather than leave either out because only one paid the wages.
What should I ask for in writing?
Request a copy or particulars of the forwarding communication, its date, the station addressed and the complaint reference. Ask whether your statement and annexures accompanied it. The seven-day requirement applies to the statutory forwarding step where its conditions are met. It is not a guarantee that a police investigation or trial will finish in seven days.
A useful request is: "Please confirm the date on which the Local Committee forwarded my complaint under section 11(1), the receiving police station and the documents sent. Please provide the acknowledgment or dispatch reference so I can follow up without filing an inconsistent account." If no referral has yet occurred, ask for the status and any information genuinely needed from you.
What if the police tell me to go back to the committee?
Show the forwarding letter and ask for a written receipt or diary reference. Explain that the committee has referred the complaint under the domestic-worker provision. Keep the names, dates and responses from both offices. Do not accept an endless verbal loop as proof that a statutory process is underway.
If you are turned away, seek assistance from an advocate or legal-services institution with the actual referral documents. The correct response depends on whether police are refusing to receive information, declining to register a cognizable offence or asking for clarification. Those are different procedural problems. A general statement that the matter is "only POSH" does not answer the referral.
What evidence should travel with the referral?
- A dated incident account, with uncertain dates marked as approximate.
- Proof of work at the household, such as payment messages, agency records or entry logs.
- Relevant messages or calls preserved in their original form.
- Witness names and what each person actually knows.
- The Local Committee receipt and any statement already recorded.
- A short note identifying immediate safety concerns and a safe contact method.
Keep copies before handing over originals. Do not return alone to an unsafe workplace simply to retrieve a document. Tell the authority where relevant records are held and ask that they be obtained through the proper process. A missing written employment contract does not justify inventing one.
Can the household insist on a private settlement first?
Section 10 conciliation is available only at the aggrieved woman's request before inquiry and cannot be based on a monetary settlement. Do not sign a statement denying the incident merely to collect wages or belongings. If you consider any arrangement, distinguish the return of your property or payment of work dues from the handling of the harassment complaint.
This answer concerns an adult domestic worker. A child involved in domestic work or alleged sexual abuse needs separate child-protection advice. The immediate next step is to obtain proof of referral and make sure the receiving authority has your accurate account and a way to contact you safely.
Read the general POSH procedure and our answer on challenging a committee recommendation for the adjoining stages.