POSH Act
No. The POSH Act requires a complaint in writing from the aggrieved woman
herself, and the Internal Committee cannot hold an inquiry without an identified complainant
— because the respondent must be given a copy of what is alleged against him.
But anonymity is not what most people are actually asking for. What they want is for the
complaint not to become known around the office. That the law does give you, and it gives it in
stronger terms than most employers realise.
This guide sets out what the Act requires, what it protects, who is covered, and who decides.
Key Facts — anonymity under the POSH Act, 2013
- A complaint must be in writing, by the aggrieved woman. Section 9(1), Sexual Harassment
of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. - Confidentiality is mandatory, not discretionary. Section 16 bars publication of the
complaint’s contents, and of the identity of the woman, the respondent and the witnesses. - Breach of confidentiality carries a penalty of ₹5,000, recoverable from the person
who discloses. Rule 12, POSH Rules 2013. - You need not be an employee. Section 2(a) covers a woman of any age, whether employed or
not. - One seat on the Committee must go to someone outside your organisation. Section
4(2)(c). - The time limit is three months from the incident, extendable by a further three months by
the Committee for reasons recorded in writing. Section 9(1).
Why can’t a POSH complaint be anonymous?
Because the inquiry is adversarial. The Committee must send the respondent a copy of the
complaint, and he must be allowed to answer it. A complaint with no complainant cannot be answered,
so it cannot be inquired into.
This is not the Committee being unhelpful. It is the same principle that protects you if someone
ever makes a false allegation against you.
On receipt of the complaint the Internal Committee sends one copy to the respondent, and he is given an opportunity to reply, with a list of his witnesses and supporting documents.
What does the law actually protect instead?
Confidentiality — and the wording is wide. Section 16 covers the contents of the complaint,
the identity and addresses of the aggrieved woman, the respondent and the witnesses, the
conciliation and inquiry proceedings, the Committee’s recommendations, and the action the employer
took.
None of that may be published or made known to the public, the press, or the media. In practice
this means the details of your complaint have no business circulating among colleagues.
The contents of the complaint, the identity and addresses of the aggrieved woman, the respondent and the witnesses, the conciliation and inquiry proceedings, the recommendations of the Committee and the action taken shall not be published or made known to the public, the press or the media.
What happens if someone leaks it?
Rule 12 provides a penalty of ₹5,000, recoverable from whoever made the disclosure. Where
that person is an employee, the employer is to act under the service rules; where there are no
service rules, under the Rules.
The penalty is small. Its value is that it makes the obligation concrete — a leak is a
breach of statute, not an office indiscretion.
Where a person breaches the confidentiality required by Section 16, a penalty of ₹5,000 is recoverable from that person.
Am I covered? Who counts as an “aggrieved woman”
Almost certainly yes — and much more widely than people assume. Section 2(a) defines an
aggrieved woman, in relation to a workplace, as a woman of any age, whether employed or not,
who alleges to have been subjected to sexual harassment by the respondent.
Those four words — whether employed or not — are the important ones. You do
not need to be on the payroll of the organisation where it happened.
The definition of “employee” in Section 2(f) is drawn just as widely. It covers work
on a regular, temporary, ad hoc or daily wage basis, directly or through an agent or contractor,
with or without the knowledge of the principal employer, and whether or not there is any
remuneration at all.
Named expressly in that section: co-workers, contract workers, probationers, trainees,
apprentices and volunteers.
| If you are | Covered? |
|---|---|
| A permanent employee | Yes |
| An intern, trainee, apprentice or probationer | Yes — named in s.2(f) |
| A contract worker, or placed through an agency | Yes, even if the principal employer did not know of your engagement |
| A volunteer, working without pay | Yes — s.2(f) covers work “whether for remuneration or not” |
| A client, customer or visitor to the premises | Yes — s.2(a) covers a woman “whether employed or not” |
| Domestic help in a private house | Yes — a dwelling place or house is a workplace under s.2(o) |
“Workplace” is equally broad. Section 2(o) covers any place you visit arising out of
or during the course of employment, including transport provided by the employer — so
an incident in a company cab is not outside the Act.
An aggrieved woman is a woman of any age, whether employed or not, who alleges to have been subjected to sexual harassment. An employee includes work on a regular, temporary, ad hoc or daily wage basis, directly or through an agent or contractor, with or without the knowledge of the principal employer, and whether or not for remuneration. A workplace includes any place visited by the employee arising out of or during the course of employment, including transport provided by the employer.
Who sits on the Internal Committee, and will they be fair?
This is the question behind most anonymity requests, and it deserves a direct answer. The
Committee is not a panel of your employer’s choosing alone — its composition is fixed by
Section 4, and one seat must go to an outsider.
Section 4(2) requires:
- A Presiding Officer who must be a woman employed at a senior level at the
workplace. If no senior woman is available, she is nominated from another office, unit or workplace
of the same employer. - Not less than two members from among the employees, preferably committed to the cause of
women, or with experience in social work, or with legal knowledge. - One member from outside the organisation — from a non-governmental organisation or
association committed to the cause of women, or a person familiar with issues relating to sexual
harassment.
And a requirement running across all of them: at least half the members must be women.
So the smallest lawful Committee is four people, of whom at least two are women, one is a senior
woman who chairs it, and one does not work for your employer at all. Members hold office for a term
not exceeding three years.
The external member is the safeguard worth knowing about. She is not employed by your
organisation, has no line manager in the room and no career at stake in the outcome. If your concern
is that the organisation will close ranks, that seat is the answer the Act gives — and a
Committee constituted without it is not properly constituted.
The Internal Committee comprises a Presiding Officer who is a woman employed at a senior level at the workplace; not less than two members from among the employees, preferably committed to the cause of women or with experience in social work or legal knowledge; and one member from a non-governmental organisation or association committed to the cause of women, or a person familiar with issues relating to sexual harassment. At least one-half of the members so nominated shall be women.
Can someone else file on my behalf?
Only in defined situations. Rule 6 allows a complaint by a specified person where the aggrieved
woman cannot complain herself:
| Situation | Who may complain | Condition |
|---|---|---|
| Physical incapacity | Relative, friend, co-worker, an officer of the National or State Commission for Women, or any person with knowledge of the incident |
With her written consent |
| Mental incapacity | Relative, friend, a special educator, a qualified psychiatrist or psychologist, the guardian or authority under whose care she is |
With the consent of that person |
| She is otherwise unable | Any person with knowledge of the incident | With her written consent |
| She has died | Any person with knowledge of the incident | With the written consent of her legal heir |
Note what this list does not include: a colleague filing on behalf of a woman who is perfectly
able to complain but would rather not be named. That is not provided for.
Where the aggrieved woman is unable to make a complaint on account of physical or mental incapacity, or death, a complaint may be made on her behalf by the persons specified in the Rule, with the written consent the Rule requires in each case.
What about my company’s ethics hotline?
Many employers run an anonymous whistleblower or ethics line, and an anonymous report there is a
real option. But understand what it does and does not start.
An anonymous report can prompt the employer to act under its own conduct rules — a
preliminary internal check, a warning, a transfer. It does not start a POSH inquiry, and it cannot
produce the statutory outcomes under Section 13: no recommendation for action against the
respondent, no compensation, and no findings you can appeal.
If what you want is the Act’s remedies, at some point you have to be named.
Is there a way to complain without my employer knowing first?
Yes, in two situations. Where the complaint is against the employer himself, or where the
workplace has fewer than ten workers, there is no Internal Committee in the picture. The
complaint goes instead to the Local Committee constituted by the District Officer under
Section 6.
That Committee sits outside your organisation entirely. Under Section 7 it is chaired by an
eminent woman in the field of social work, with members drawn from women working in the district and
from non-governmental organisations, and at least one member must have a background in
law.
It is not anonymity. But it does mean the complaint is not first received by the person
complained against.
The District Officer constitutes a Local Committee to receive complaints where the workplace has fewer than ten workers, or where the complaint is against the employer himself. It is chaired by an eminent woman in the field of social work and committed to the cause of women, and at least one of its members shall be a woman with a background in law or legal knowledge.
What can I ask for while the inquiry is going on?
Section 12 lets you ask the Committee to recommend interim relief during the pendency of the
inquiry. The recognised heads are:
- Transfer of the aggrieved woman or the respondent to another workplace
- Leave of up to three months, in addition to your ordinary leave entitlement
- Restraining the respondent from reporting on your work performance or writing your confidential
report - Any other relief the Rules prescribe
Ask for this in writing, at the time you file, rather than waiting to see how the inquiry
goes.
What if I am worried about being punished for complaining?
The Act contemplates that risk. Section 19 places duties on the employer to provide assistance
and a safe working environment, and Section 12 exists precisely so that you are not left sitting
next to the respondent for the length of the inquiry.
State the fear in the complaint itself. A Committee cannot act on a concern it has not been told
about.
What is the timeline once I file?
| Stage | Time | Provision |
|---|---|---|
| Filing the complaint | Within 3 months of the incident, extendable by 3 months |
s.9(1) |
| Copy sent to respondent | 7 working days | Rule 7 |
| Respondent’s reply | 10 working days | Rule 7 |
| Inquiry completed | 90 days | s.11(4) |
| Report to employer | 10 days from completion | s.13(1) |
| Employer acts on recommendations | 60 days | s.13(3) |
| Appeal | 90 days from the recommendation | s.18 |
A complaint is made within three months of the incident, extendable by a further three months for reasons recorded in writing. The inquiry is to be completed within ninety days, the report provided to the employer within ten days of completion, and the recommendations acted upon within sixty days. An appeal lies within ninety days.
What does it cost to file?
Nothing. There is no filing fee for a complaint to an Internal Committee or a Local Committee
under the Act. Costs arise only if you choose to be represented, or if the matter later goes to the
High Court.
Frequently asked questions
Can the Committee act on an anonymous letter it receives?
It cannot run a POSH inquiry on it, because there is no complainant to inquire on behalf of. The
employer may separately look into the matter under its own conduct rules.
Will the respondent be told who complained?
Yes. He is given a copy of the complaint so he can answer it. What he is not permitted to do is
make it public — Section 16 binds him as it binds everyone else.
Will my name appear in the annual report?
No. The employer’s annual report under Section 21 carries the number of cases filed and disposed
of, not names.
Can I withdraw the complaint later?
Withdrawal is a matter for the Committee on the facts, and it is worth taking advice before
making that decision. Conciliation under Section 10 is a separate route, and no monetary settlement
may be made the basis of it.
What if my employer has not constituted an Internal Committee at all?
Failure to constitute one is punishable with a fine which may extend to ₹50,000 under
Section 26. Your complaint in that situation goes to the Local Committee for the district.
Conciliation may be attempted before an inquiry begins at the aggrieved woman’s request, but no monetary settlement may be made the basis of it. The employer’s annual report records the number of cases filed and disposed of. Failure to constitute an Internal Committee or otherwise contravene the Act is punishable with a fine which may extend to ₹50,000.
Related guides
Next step. If you are deciding whether to file, and when, the time limit in Section 9(1)
runs from the date of the incident. Knowing where you stand against it is the first thing worth
establishing.
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