“Understanding Your Rights: Filing a Complaint Under the POSH Act”

The Prevention of Sexual Harassment (POSH) Act, enacted in 2013, aims to provide a safe and respectful environment for all employees in India. It mandates that workplaces take proactive steps to prevent, address, and redress sexual harassment complaints. If you have experienced workplace sexual harassment, understanding your rights and the complaint-filing process under the POSH Act is crucial.

This article outlines the key steps to file a complaint under the POSH Act, explains the responsibilities of employers and the Internal Complaints Committee (ICC), and highlights the legal framework that protects individuals from workplace harassment.

1. Understanding the POSH Act and Its Objectives

The POSH Act was introduced to address workplace sexual harassment and protect employees’ rights to work in a safe and secure environment. Inspired by the Vishaka Guidelines issued by the Supreme Court in 1997, the Act defines “sexual harassment” broadly to include unwelcome physical contact, requests for sexual favors, sexually colored remarks, showing pornography, and any other unwelcome conduct of a sexual nature.

The POSH Act applies to all workplaces in India, including public and private sector organizations, educational institutions, and NGOs. It mandates that employers establish an Internal Complaints Committee (ICC) to address complaints of sexual harassment. For organizations with fewer than 10 employees, the Local Complaints Committee (LCC) at the district level handles complaints.

2. Filing a POSH Act Complaint: Steps to Follow

If you’ve experienced harassment and are considering filing a complaint, following these steps can help you navigate the process effectively:

Step 1: Document the Incident

The first and most crucial step is to document the details of the harassment. Note the date, time, location, nature of the incident, and any witnesses if available. Collecting evidence, such as emails, messages, or other forms of communication that support your case, is also essential.

Step 2: Submit a Written Complaint

Under the POSH Act, complaints must be submitted in writing to the ICC within three months of the last incident. The complaint can be either hand-written or typed and should contain as much detail as possible. If you are unable to file the complaint personally, a co-worker, friend, or family member can do so on your behalf with your consent.

In exceptional cases, if the complaint is not filed within the three-month period due to specific reasons (such as trauma or other personal limitations), the ICC may extend the deadline by an additional three months, if necessary.

Step 3: Filing with the Internal Complaints Committee (ICC)

Once your written complaint is submitted, the ICC initiates the process of investigation. The ICC, as mandated by the Act, should consist of:

A presiding officer, who is a woman employed at a senior level at the workplace,

At least two members committed to women’s rights or social causes, and

An external member from an NGO or legal background to bring an unbiased perspective.

If your organization has fewer than 10 employees, you can file the complaint with the Local Complaints Committee (LCC) established by the district administration.

Step 4: Attend the ICC Proceedings

The ICC is obligated to complete the inquiry within 90 days of receiving the complaint. During the inquiry, you may be asked to attend hearings and answer questions regarding the incident. Both the complainant and the respondent have the right to submit evidence and present witnesses to support their respective cases.

The POSH Act ensures confidentiality during the inquiry process to protect both parties’ privacy. Breaching this confidentiality is punishable under the Act.

Step 5: ICC Recommendations and Final Decision

After the investigation, the ICC will compile a report within 10 days and submit it to the employer. Based on the findings, the ICC may recommend various actions:

Disciplinary Actions: This could include a written apology, reprimand, transfer, suspension, or termination, depending on the severity of the offense.

Compensation to the Complainant: The ICC can recommend compensation to the complainant, which the employer would be responsible for paying.

The employer is required to act on the ICC’s recommendations within 60 days of receiving the report.

3. Key Legal Rights Under the POSH Act

Right to a Fair Inquiry

The complainant has the right to a fair, unbiased, and thorough investigation by the ICC. Both parties have the right to present evidence and call witnesses. The ICC must consider all evidence before arriving at a conclusion.

Right to Confidentiality

Confidentiality is crucial in POSH Act proceedings. Details of the complaint, including the names of the parties involved, are to be kept strictly confidential throughout and after the investigation. If confidentiality is breached, the complainant has the right to take legal action.

Right to Protection Against Retaliation

The POSH Act prohibits any form of retaliation against the complainant, whether during or after the investigation. If you experience retaliation (such as demotion, transfer, or harassment), you have the right to file an additional complaint.

Option for Conciliation

Before starting the inquiry, the complainant may request a conciliation process to resolve the issue if they do not wish for a formal inquiry. Conciliation is permitted only if it doesn’t involve monetary compensation, and the ICC’s role is to facilitate a mutual agreement. However, if conciliation fails, the formal inquiry process will proceed.

Appeal Rights

If either party is unsatisfied with the outcome, they can appeal the ICC’s decision in a court or tribunal within 90 days from the date of receiving the final report.

4. Employer’s Obligations Under the POSH Act

Employers have several legal obligations to ensure a POSH-compliant workplace:

Establish an ICC: Employers must set up an ICC in workplaces with more than 10 employees.

Conduct Awareness and Training Programs: Regular training sessions on the POSH Act and a zero-tolerance policy towards harassment should be conducted.

Display POSH Act Policies: Workplaces should display POSH Act policies in a visible area to ensure all employees are aware of their rights.

Submit an Annual Report: The employer must submit an annual report detailing the number of complaints received, resolved, and pending to the district officer.

5. Conclusion

Filing a complaint under the POSH Act is an important step in upholding your right to a safe workplace. This legal framework not only provides robust protection but also empowers individuals to take action against workplace harassment without fear of retaliation. By understanding your rights, knowing the steps to file a complaint, and being aware of the employer’s responsibilities, you can effectively navigate the process and help build a safe work environment for all.