Filing a Complaint under the POSH Act: Section 9

The POSH Act's redressal machinery starts with a complaint. Section 9 sets out who may make it, to which committee, in what form and within what time, and allows others to complain where the woman herself cannot. Rule 6 of the POSH Rules identifies those other persons. The time limit is short, but the committee may extend it, and members must help a woman who cannot write the complaint. This note covers section 9 and the related rules.

1. The Complaint

Figure 1: Section 9

• Text, s.9(1). Any aggrieved woman may make, in writing, a complaint of sexual harassment at the workplace to the Internal Committee if constituted, or, if not, to the Local Committee.
• Time limit. Within three months from the date of the incident, and, in a series of incidents, within three months from the date of the last incident.
• Assistance. Where she cannot make the complaint in writing, the Presiding Officer or any member of the Internal Committee, or the Chairperson or any member of the Local Committee, shall render all reasonable assistance to her.
• Extension. The committee may, for reasons recorded in writing, extend the time limit by not more than three months, if satisfied that circumstances prevented her from filing within the period.

2. Complaints by Others: Section 9(2) and Rule 6

Figure 2: Who may complain when the woman cannot

• Section 9(2). Where the aggrieved woman is unable to complain because of physical or mental incapacity, death or otherwise, her legal heir or such other person as may be prescribed may make the complaint.
• Consent. Except in the case of mental incapacity, the complaint by another person is made with the written consent of the aggrieved woman, or of her legal heir after her death.

3. Practical Points

• Copies and documents. Under Rule 7(1), the complainant submits six copies of the complaint, with supporting documents and the names and addresses of witnesses (Topic 11)
• Series of incidents. Where harassment is continuing, the three months run from the last incident, so earlier incidents in the same series may be included.
• SHe-Box. Complaints may also be lodged on the Ministry of Women and Child Development's SHe-Box portal, which routes them to the relevant committee.
• Criminal complaint. A complaint under the Act does not bar a police complaint for the corresponding offence under the BNS (Topic 23)

4. Frequently Asked Questions

What is the time limit for filing a POSH complaint?

Three months from the date of the incident, or, for a series of incidents, from the last incident. The committee may extend this by up to three months, for reasons recorded in writing, if circumstances prevented the woman from filing in time.

Can someone else file a complaint on behalf of the aggrieved woman?

Yes, if she is unable to do so because of physical or mental incapacity, death or other reasons. Under s.9(2) and Rule 6, her legal heir, a relative or friend, a co-worker, an officer of a women's commission or another person with knowledge of the incident may complain, generally with her written consent or that of her legal heir.

5. Related Topics

• Topic 10: Conciliation, Section 10. Settlement before inquiry.
• Topic 11: Inquiry into a Complaint, Section 11. What follows.