Every employer is mandated under Section 4 to constitute an Internal Committee (IC) at each office or branch employing ten or more employees. In cases where organizations have fewer than ten employees, or when the complaint is against the employer, a Local Committee (LC) established by the District Officer under Section 5 handles the inquiry.

Filing of Complaint

Under Section 9 of the POSH Act, an aggrieved woman must file a written complaint to the Internal Committee or Local Committee within three months from the date of the incident or the last occurrence in case of a series of incidents. The committee has the discretion to extend this time by an additional three months if it is satisfied that there were reasonable grounds for the delay.

The complaint must contain details of the incident, including the date, place, nature of conduct, and identity of the respondent. The committee must maintain confidentiality throughout the process as mandated by Section 16, ensuring that the identity of the complainant, respondent, and witnesses is protected.

If the complainant is unable to file a written complaint due to physical or mental incapacity, the POSH Act allows a friend, relative, co-worker, or any person aware of the incident to file the complaint on her behalf.

Conciliation Before Inquiry

Once a complaint is received, the Internal Committee may, if requested by the complainant, attempt conciliation before initiating a formal inquiry as per Section 10. However, monetary settlement cannot be made the basis of conciliation. The purpose is to provide a platform for resolving the issue amicably while ensuring that the complainant’s dignity is upheld.

If conciliation is successful, the committee records the settlement and forwards it to the employer for implementation. No further inquiry is conducted in such cases. If the settlement fails, the committee proceeds with a formal inquiry.

Inquiry Procedure

The inquiry procedure under the POSH Act mirrors the principles of natural justice — the right to be heard, the right to present evidence, and the right to a fair trial.

Under Section 11, the Internal Committee has powers equivalent to those of a civil court under the Code of Civil Procedure, 1908. It can summon witnesses, examine documents, and record evidence. Both the complainant and the respondent are given opportunities to present their side.

The inquiry must be completed within ninety days from the date of receipt of the complaint. During the inquiry, the committee can recommend to the employer to transfer either party, grant leave to the aggrieved woman up to three months, or provide any other interim relief as it deems fit under Section 12.

Once the inquiry concludes, the Internal Committee prepares a detailed report of findings. If the allegations are proved, it recommends disciplinary action against the respondent in accordance with the service rules of the organization. If not, the committee dismisses the complaint and records the reasons for doing so.

Report and Employer’s Duties

After completion of the inquiry, the Internal Committee submits its final report to the employer and the District Officer within ten days of completion. The employer is bound to act on the recommendations within sixty days from the date of receiving the report, as provided under Section 13(4).

If the allegations are found to be false or malicious, the committee can recommend action against the complainant under Section 14, though this provision must be used cautiously to prevent misuse and to avoid discouraging genuine victims from coming forward.

Employers are also required under Section 19 to organize awareness programs, display information about the constitution of the Internal Committee, and include details of the number of complaints received and resolved in the company’s annual report.

Appeal Mechanism

Under Section 18 of the POSH Act, any person aggrieved by the recommendations of the Internal or Local Committee can file an appeal within ninety days to the court or tribunal in accordance with the service rules of the organization. The appellate authority’s decision is final and binding.

The appeal mechanism ensures procedural fairness and allows a second layer of review, especially in cases where either party feels that the inquiry process was biased or irregular.

Judicial Interpretation and Case Laws

The judiciary has played an instrumental role in shaping the POSH framework in India. In Medha Kotwal Lele & Ors. v. Union of India (2013 1 SCC 297), the Supreme Court reiterated the need for strict implementation of the Vishaka Guidelines until the POSH Act came into effect. The Court emphasized that failure to constitute an Internal Committee amounts to a violation of a woman’s fundamental rights under Articles 14, 15, and 21 of the Constitution.

In Saurabh Kumar Mallick v. Comptroller and Auditor General of India (2008 LLR 839 Delhi HC), the Delhi High Court clarified that workplace sexual harassment is not limited to physical contact but extends to creating a hostile or intimidating work environment.

Further, in Dr. Punita K. Sodhi v. Union of India (W.P. (C) 367/2009), the Delhi High Court stressed that inquiry proceedings must adhere to the principles of natural justice and confidentiality to protect both the complainant and the respondent’s dignity.

Conclusion

The POSH Act, 2013, represents a progressive step toward ensuring gender equality and workplace dignity in India. The complaint and inquiry procedure under the Act is designed to be victim-centric, time-bound, and transparent while upholding fairness and due process.

For employers, compliance with the POSH Act is not only a statutory obligation but also a moral duty to create safe workspaces that respect the dignity of every individual. For employees, understanding the complaint and inquiry process empowers them to stand against harassment without fear or stigma.

By ensuring proper implementation and awareness, India can move closer to achieving workplaces that are truly inclusive, respectful, and safe for all.