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

Answered by Advocate Sharan Jain··Employment & Labour Law

Legal Shorts · 60 words

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.

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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.

Sources

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

  1. 1.Sexual Harassment of Women at Workplace Act, 2013: Sections 2, 4, 6, 10-19. Read the source
  2. 2.POSH Rules 2013, government-hosted reproduction of GSR 769(E): Rules 3, 7, 9, 10 and 14. Reproduction 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

The internal committee dismissed my POSH complaint. Can I appeal?

Yes. The POSH Act permits appeals against specified recommendations and their non-implementation, ordinarily within ninety days of the recommendations. The correct court or tribunal depends on the applicable service rules and prescribed route. Ask for the report, findings and committee-constitution order, and identify errors in the evidence, reasoning or procedure. An appeal should explain why the decision is wrong. It is not limited to merely complaining that the outcome was unfavourable. Keep proof of when you received the documents.

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 company has no internal committee. Where do I complain?

The district Local Committee is the statutory forum for workplaces with fewer than ten workers and complaints against the employer. If a larger workplace has unlawfully failed to constitute an Internal Committee, promptly approach the District Officer about both your complaint and that failure. Keep a dated written record and ask where the complaint should be lodged. Do not wait for HR to create a committee while the filing period runs. The ordinary complaint deadline and any extension still need attention.

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

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

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.

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.

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