When a complaint reaches the Internal Committee, the real compliance work begins. The POSH Act, 2013 doesn’t leave this to discretion — it sets out a specific, time-bound procedure every IC is legally required to follow.  This piece walks through what that process looks like, where organizations consistently get it wrong, and what a proper inquiry should actually involve.

The POSH complaint procedure India framework sets out what an Internal Committee should do once such a complaint is received.

And trust me, a complaint of such a nature is not any other complaint that can be solved in a crisp, clear, black-and-white manner. This is the true moment when an External Member with legal knowledge is required to step in.

But once a complaint falls under the labyrinth of the POSH Act — the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — the Internal Committee has a definite procedural checklist to follow.

But before I address the role of the Internal Committee, let me briefly explain to you what the Internal Committee (also known as IC) is all about:

A committee that every organisation with 10 or more employees is required to form, whose primary role is to receive and provide redressal for sexual harassment-related complaints. It comprises a Presiding Officer, 2 members from the internal employee community of the office, and 1 external member (who acts as a neutral third party) who is committed to the cause of women.

Understanding the POSH complaint procedure in India is therefore necessary not only for the person making such a complaint, but also for the employers and IC members responsible for handling it in a fair manner, in secrecy and within the prescribed time limit so that justice is served.

The POSH Act specifically provides a legal structure for complaint handling, conciliation proceedings, inquiry process, interim measures, reporting and thereby the final stage of appeal.

The Legal Reality: What Does the POSH Act Require?

The POSH Act requires an employer employing 10 or more workers to constitute an Internal Committee. The Committee is responsible for receiving and addressing complaints of sexual harassment at the workplace.

As per Section 9 of the POSH Act, a complaint should ordinarily be made in writing by the aggrieved woman within three months from the date of the incident or, where there are a series of incidents, within three months from the date of the last incident.

The Internal Committee has the power to extend the timeline of complaint filing by granting an additional three-month period where it is satisfied that circumstances prevented the woman from making the complaint within the prescribed time limit earlier.

Once the complaint has been received, the matter must proceed as per the POSH Act’s statutory framework. Importantly, the Act does provide for conciliation — the alternative dispute resolution mechanism under the ambit of Section 10.

But this is not something that an organisation should directly impose upon the complainant simply to avoid an inquiry process under Section 11. The conciliation proceedings can be undertaken only at the request of the aggrieved woman, and the Act specifically states that monetary settlement cannot be made the basis of such conciliation.

If the matter proceeds to inquiry, Section 11 governs the inquiry process. The statutory structure contemplates a time-bound process, with the inquiry to be completed within a period of 90 days.

POSH Complaint Procedure India: Key Statutory Timelines

Section 9 of the POSH Act, 2013

03 MONTHS — Complaint

A complaint should ordinarily be made within three months of the incident or the last incident in case of a series of incidents. The period may be extended by up to another three months in accordance with Section 9 of the POSH Act, 2013.

Rule 7(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013

07 DAYS — Notice to Respondent

The respondent is to be provided with a copy of the complaint within seven days, as reflected in the Government of India’s POSH guidelines.

To be noted: The seven-day timeline should not be described as a statutory “seven-day acknowledgement” requirement to the complainant. The official POSH guidance identifies the seven days in relation to notice/copy of the complaint being provided to the respondent.

Section 13 of the POSH Act, 2013

90 DAYS — Inquiry Process

The Internal Committee should complete the inquiry within 90 days.

10 DAYS — Inquiry Report

The IC should submit its final inquiry report to the employer or District Officer (if the complaint is being addressed to the Local Committee) within 10 days of completion of the inquiry.

60 DAYS — Implementation

The employer or District Officer is required to act on the recommendations within 60 days.

Section 18 of the POSH Act, 2013

90 DAYS — Appeal

An appeal may ordinarily be preferred within 90 days of the recommendations.

Where Organisations Get It Wrong

One of the biggest mistakes in POSH complaint handling compliance happens when the complaint is treated as no less than any other generic category HR dispute.

An organisation may be tempted to call both parties into a common meeting, ask them to “sort things out” or encourage the complainant to withdraw the complaint. However, the POSH legalities require the firms to understand whether such a matter falls within the framework of the Act and, if so, follow the statutory procedure accordingly.

One of the key points to note is the distinction between conciliation and formal inquiry. Section 10 of the POSH Act permits conciliation only at the request of the aggrieved party. It should therefore not be treated as a compulsory informal-resolution mechanism simply because a formal inquiry process appears to be inconvenient or simply to protect the image of the organisation.

Of course, confidentiality is of prime importance to maintain the bars of respect between the parties, but that in no way prevents POSH cases from making headlines in the newspaper.

Another problem that persists is losing sight of the 90-day inquiry timeline. A POSH inquiry should not be allowed to drift indefinitely because hearings are repeatedly postponed, documents are not organised, or witnesses are not called promptly. The Committee and employer need to maintain a clear procedural record and actively manage the process so that ends can be met just in time.

Confidentiality is of prime importance. Section 16 of the POSH Act, 2013 prohibits publication or making known the contents of the complaint, the identities and addresses of the aggrieved woman, respondent and witnesses, information relating to conciliation and inquiry proceedings, recommendations of the Committee and the action taken by the employer or District Officer.

A POSH complaint, therefore, should never become workplace gossip or be circulated internally beyond those who have a legitimate role to play in the process.

What Should Actually Happen?

A proper Internal Committee inquiry process should begin with the careful receipt and documentation of the complaint. The IC should establish when the complaint was received, identify the parties involved, preserve relevant records and determine the applicable statutory timelines.

If the aggrieved woman requests conciliation, the IC may consider conciliation in accordance with Section 10. If conciliation is not requested or does not result in a settlement, the matter should proceed to inquiry.

As per Section 12 of the POSH Act, 2013, when the POSH inquiry stands pending and the procedure is taking longer than expected, the aggrieved woman has the right to make a written request for interim relief.

Upon such a request, the IC carries power to provide the requested relief in the form of measures such as transfer of the aggrieved woman or respondent, leave to the aggrieved woman for up to three months, etc. The leave provided under this provision is in addition to the leave otherwise available to her.

The IC should then conduct the inquiry fairly and complete it within the prescribed 90-day period. Following completion, the Committee must prepare its findings and recommendations and submit its report within 10 days. The report is also to be made available to the concerned parties.

Where the allegations are proved, the Committee may recommend appropriate action as per POSH Act 2013 guidelines. The employer or District Officer must act on the recommendations within a period of 60 days. The Act also provides a right of appeal, ordinarily within 90 days of the recommendations.

The process does not simply come to an end with the report’s preparation. The firm involved must ensure that the recommendations are being appropriately implemented without compromising on the grounds of confidentiality.

Ultimately, handling a POSH complaint is not simply about completing a paperwork checklist. It requires a fair, confidential, documented and time-bound process that protects the rights of the parties while ensuring that the organisation meets its statutory responsibilities.

Whether or not a complaint is expected to be received or not, constitution of an IC or keeping connections with the Local Committee of that designated area or place of business is a must.

For queries on POSH complaint handling, Internal Committee inquiries or workplace sexual harassment compliance, write to legal@tharaniassociates.in.

Disclaimer: This article is for educational awareness only and does not constitute legal advice. Reading this article or contacting Tharani & Associates does not create an attorney-client relationship.

Simran Tharani, Advocate | State Bar Council of Madhya Pradesh, Jabalpur | Enrolment No. MP/2343/2024