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

Answered by Advocate Sharan Jain··POSH & Workplace Harassment

Legal Shorts · 61 words

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.

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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.

Am I asking for assistance or for someone else to file?

Start with that distinction. Assistance allows you to make and adopt your own complaint in an accessible way. Someone may type what you dictate, translate it or help arrange the incidents chronologically. The final account should reflect your instructions, and you should be able to check and correct it before adoption.

Substitute filing is different. Rule 6(i) addresses inability to make a complaint because of physical incapacity and identifies a relative or friend, a co-worker, an officer of the National or State Women's Commission, or another person with knowledge of the incident and your written consent. The exact category and requirements should be recorded. Do not let a generic authorisation letter conceal which statutory route is being used.

Physical disability does not automatically establish mental incapacity. Rule 6(ii) has a separate framework for that situation. A committee should not move a person into that route merely because communication takes more time or uses a different method.

What should my accessibility request say?

Identify the barrier and the adjustment needed. For example: "I wish to make and confirm my own complaint. I need the draft in an accessible electronic format and a communication interpreter for the meeting. Please arrange reasonable assistance under section 9 and confirm how I can review the record before signing." Adapt the request to your actual needs.

You can also ask who will provide the assistance, how confidentiality will be maintained and whether the same person can attend the relevant meetings. Avoid an unnecessary demand for your entire medical history. Explain the functional difficulty and provide supporting information where it is needed to arrange the assistance or establish the chosen Rule 6 route.

If you need a trusted person to assist, disclose that person's role. A support person, interpreter, witness and representative are not interchangeable. If the person also witnessed events, ask the committee how their evidence will be taken separately so the record remains clear.

What must remain accurate in the written complaint?

Your account should identify the conduct, dates, workplace connection and persons involved. Mark uncertain dates as approximate. Have the text read back or supplied in an accessible form. Confirm that a translation preserves the words and meaning you intended, including any words whose precise meaning matters to the allegation.

Keep a copy of the version you adopted and the covering request for assistance. If you cannot use the standard signing method, ask the committee to confirm an accessible method of authentication and preserve how your consent was recorded. Do not let someone sign your name as though you physically signed it.

Does requesting assistance stop the filing clock?

No automatic suspension should be assumed. Section 9 ordinarily provides three months from the incident or the last incident in a series. The committee can extend by up to a further three months for recorded reasons if circumstances prevented filing. Send the initial request promptly, explain any access barrier and ask expressly for an extension if required.

A brief message identifying that you wish to complain and need help can create an important record, but it should not be treated as a guaranteed substitute for a complete statutory complaint in every case. Follow through with the committee and retain its reply. Where the deadline is close and the committee remains silent, seek assistance from the appropriate authority or an advocate immediately.

What happens during the inquiry?

Ask for the same communication needs to be addressed in notices, questions and the hearing record. Rule 7 requires natural justice. It also bars parties from bringing a legal practitioner to represent them before the committee. An accessibility request should be assessed for its actual purpose rather than casually treated as an attempt to bring a lawyer into the hearing.

After each meeting, check the recorded account through the agreed accessible method and identify errors promptly. Preserve notices and requests for adjustments. If a meeting is listed in a form you cannot access, explain the problem before the date and propose a workable alternative. Simply missing hearings without explaining the barrier can create a preventable procedural dispute.

The immediate next step is a short written assistance request, followed by a complaint you have actually checked. The objective is an accurate account given through a process you can use, with a clear distinction between assistance and substitute filing.

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

A colleague filed a POSH complaint in my name without asking me. Must I adopt it?

You do not have to adopt a statement that does not reflect your instructions or account. Ask the committee for the exact document filed, who signed it and the statutory basis claimed for filing on your behalf. Rule 6 permits substitute complaints only in specified circumstances, with written consent required in relevant categories. The employer may still need to address a workplace safety concern even if that document is not your valid personal complaint.

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

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

The committee wants my entire personal phone to read one work chat. Can I propose a narrower way to provide evidence?

Yes. Offer a method that preserves and supplies the relevant evidence while limiting unnecessary access to unrelated personal material. Section 11(3) gives the committee powers to require discovery and production of documents, but it does not expressly create a general police power to seize and search every part of a personal phone. Do not delete or refuse relevant evidence. Ask for the request's scope, purpose and handling arrangements in writing.

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