THE POSH ACT EXPLAINED: A COMPLETE GUIDE TO COMPLAINT, INQUIRY AND APPEAL

ABSTRACT

Sexual harassment whether it is a physical or verbal or non-verbal in which demanding sexual favors or showing pornography, conduct of a sexual nature, for example leering, telling dirty jokes, making sexual remarks about a person’s body, etc, these comes under the scope of this law. This does not apply only to women working in offices, that is a mis conception. Every women working in its falls under its purview, it does not depend on the age of the woman or the state of employment. [1]To address this issue, the Indian parliament enacted the SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act. The POSH Act is not a gender-neutral law, it is not for men, it does not provide remedy for men. This Blog explains how POSH complaints are handled in India, the Complete inquiry and appeal process, and legal rights and remedies available to both complaints and respondents.    

 INTRODUCTION OF POSH

[2]The POSH ACT is enacted by the government of India in 2013. By addressing the issue of SEXUAL HARASSMENT faced by women in the workplace.

The main purpose of this Act is to provide every woman with a safe, secure, and dignified working environment free from harassment.

[3]The Supreme Court gave a landmark judgement in VISHAKA v. STATE OF RAJASTHAN (1992) laid down the framework of sexual harassment in the workplace. The Supreme Court gives Vishaka guidelines which forms the basis for the sexual Harassment of women at workplace (Prevention, Prohibition, & Redressal) Act, 2013. Supreme Court draws the strength provisions of the constitution including Article 15(against discrimination on grounds only of religion, race, caste, sex, and place of birth), also drawing from relevant International Conventions and norms such as the General Recommendations of the convention on the Elimination of All forms of Discrimination Against Women (CEDAW) which India ratified in 1993. 

The POSH Act places a legal obligation on employers to prevent and forbid sexual harassment in the workplace. This Act applies to all women in the workplace, whether employed formal or informal, regardless of age or status, and it covers various work environments including all offices, informal sector, households, and non-traditional workplaces such as sports institutes and educational institutions.  

THE PROCESS OF POSH LITIGATION

1.CONSTITUTION OF INTERNAL COMPLAINTS COMMITTEE (ICC): According to Section 4 of POSH Act, every organization with more than 10 employees must constitute an ICC. The ICC should have:

• • A Presiding Officer who is a woman employed at a senior level at the workplace.
  • At least two members from among the employees, committed to the cause of women or who have experience in social work or have legal knowledge.
  • One member from an NGO or association committed to the cause of women or a person familiar with issues relating to sexual harassment.

2.FILING A COMPLAINT: An aggrieved woman can file a complaint. In case of physical incapability, her legal heir, relative, friend, co-worker, or a member of the ICC can file on her behalf. There is a time-limit that the complaint should be filed within THREE MONTHS of the incident. This duration can be extended for another three months if there are any exceptional valid reasons. The complaint must be in writing and it contains specific details of the incident, along with the names of the assumed harasser.

3.INQUIRY PROCESS: The IC has determined its jurisdiction the next step is to have an introductory call with the COMPLAINANT. The objective of this call is to understand the allegations in a better way, to explain the procedure laid out under the law and the redressal options available. 

The next step is to have an introductory call with the RESPONDENT. The objective of this call is to describe the respondent of the complaint, inform them about the procedure and their rights. 

Initial Steps: Upon receiving the complaint, the ICC must:

• A copy of the complaint is to provide to the respondent within seven days.
• After receiving the complaint copy the respondent will have to submit their copy of reply along with supportive documents within ten days.

4.CONCILIATION: The initiating of inquiry process, the ICC will try to resolve the matter through process of conciliation on the request of the aggrieved woman.

Conciliation is a kind of settlement which is requested by the complainant in writing before the commencement of the process of inquiry. Once a complainant opts for conciliation, the respondent needs to be made aware and in such a case the respondent will have the following alternative decisions; either to agree, disagree or negotiate the terms and conditions.

Inquiry Proceedings: If conciliation is not possible or fails:

• The ICC conducts a detailed inquiry, following the principles of natural justice.
• Both parties have the right to be heard and can present evidence and witnesses.
• The inquiry should be completed within 90 days from the receipt of the complaint.

5.EXAMINATION AND CROSS EXAMINATION OF COMPLAINANT, RESPONDENT AND WITNESSES:  The complainant opts for inquiry, then the next step is to individually meet both the parties and the witnesses, if any, to have a detailed conversation regarding the complaint and ask questions which will help the IC ascertain if the allegations can be substantiated or not.

The party’s individual statement is recorded then let the parties CROSS-EXAMINATION each other.

The IC’s role is to supervise the discussion and prohibit any personal or derogatory questions. The parties can also cross-examine the witnesses of their choice. 

The IC can call any of the parties or witnesses if it is required any further explanation before concluding.

6.INQUIRY REPORT: The IC needs to prepare an inquiry report with a set of recommendations if the allegations are validated or if it’s a false or malicious complaint. If the allegation is proved, the ICC recommends action against the respondent. This can range from a written apology, warning, reprimand, demotion, or termination, depending on the severity of the misconduct.

Findings and Recommendations: Within ten days of the process of inquiry, the ICC may have to submit a report of its results and recommendations to the employer. The employer gets 60 days to execute the recommendations.  If the complaint is found to be false or malevolent, the ICC can recommend action against the complainant.  

7.CONFIDENTIALITY UNDER THE POSH ACT: As per the section 16 of the POSH Act, it mandates strict confidentiality regarding: (i) identity of the parties, (ii) contents of the complaint, and (iii) inquiry proceedings and recommendations. Breach of confidentiality may result in penalties.

APPEAL AGAINST THE REPORT OF IC

The appeal process in the POSH Act 2013, plays a key role to make sure cases of sexual harassment at work are handled fairly. It also gives a chance to take a close look at what the IC found and suggested, which protects the rights of both the person who complained and the person accused. Following this process is vital to keep people’s trust in how workplace complaints are dealt with and to maintain the system’s integrity.

Provision related to appeal against report of IC is mentioned under “CHAPTER V of POSH Avt,2013 u/s 18”

which says –

• Any person aggrieved from the recommendations made under sub-section (2) of section 13 or under clause (i) or clause (ii) of sub-section (3) of section 13 or sub-section (1) or subsection (2) of section 14 or section 17 or non-implementation of such recommendations may prefer an appeal to the court or tribunal in accordance with the provisions of the service rules applicable to the said person or where no such service rules exist then, without prejudice to provisions contained in any other law for the time being in force, the person aggrieved may prefer an appeal in such manner as may be prescribed.
• The appeal under sub-section (1) shall be preferred within a period of ninety days of the recommendations.

Under the POSH Act, 2013, both the complainant and the respondent have the right to appeal against the findings and recommendations of the Internal Committee (IC).

Grounds for Appeal

1. bias,
2. procedural lapses,
3. lack of sufficient evidence, or
4. dissatisfaction with the IC’s recommendations.

Time-limit for Filing an Appeal

The appeal must be filed in the court of law within 90 days from the date of receiving the IC’s report and recommendations. This time-limit is strict, but delays can be permitted in exceptional circumstances.

Basic process for filing the Appeal –

• The appeal must be in writing, clearly stating the grounds for challenging the IC’s findings and recommendations. Copies of the original complaint, IC’s report, recommendations, and any other relevant documents must be attached with the appeal.
• The appellate authority will review the entire case, including the IC’s proceedings, evidence, and conclusions. Both the parties may be given an opportunity to present their case before the appellate authority. This might involve submitting additional evidence, if necessary.
• The appellate authority may find the IC’s findings and recommendations to be fair and just, thereby upholding them. And the appellate authority may modify the IC’s recommendations if it finds them to be inappropriate or inadequate based on the evidence and circumstances.
• Then comes the compliance part, so the employer must comply with the appellate authority’s directives within a specified period to ensure proper resolution of the matter.
• If either party is dissatisfied with the decision of the appellate authority, they may further approach the higher judiciary, such as the High Court or the Supreme Court, depending on the jurisdiction and nature of the case.

Case Law

Mukesh Khampariya v. The State Of Madhya Pradesh Thr. Its Secretary Department of Home Ministry & Ors.

Summary Judgement – The High Court observed that Section 18 of POSH expressly provides that appeals would only lie to a court or a tribunal and there is no provision of appeal to Departmental Authority[4].

PROCESS OF FILING APPEAL IN STATE JURISDICTION (DELHI NCR)

For the state of Delhi, process of appeal aligns with the guidelines of central government, as the National Capital Territory (NCT) of Delhi follows the central POSH Act without additional state-specific modifications. 

STAGE FOR APPEAL IN DELHI NCR 

CLASSIFY THE APPELLATE AUTHORITY:

• In Delhi, the selected appellate authority can be the District Officer, who is typically the District Magistrate or the Additional District Magistrate.

FILING PROCESS OF THE APPEAL:

• The first appeal should always be submitted in the office of District Officer in writing form.
• It should clearly mention the grounds on which the findings or the recommendations of ICC are being challenges by the aggrieved party.

PROCESSING OF THE APPEAL:

• Prima facie the review of the appeal shall be conducted by the district officer and he may search for further information or clarification from the ICC or the parties involved.
• If required district officer may arrange a hearing, for both parties where they can separately present their arguments before the court of law. 

DECISION OF THE APPEAL:

• After hearing the arguments by the parties, the District Officer will pass an order after critical examination of all the relevant facts and circumstances. This order can either support, amend, or overturn the recommendations by ICC.

LATEST NOTIFICATION RELATED TO APPEAL ON POSH ACT

1.Supreme Court Directions: In a landmark ruling, the Supreme Court issued extensive directions to ensure the effective implementation of the POSH Act. The court emphasized the importance of properly constituted Internal Complaints Committees (ICCs) and Local Committees (LCs), noting that many organizations had failed to comply with the requirements of the Act. The court directed the Union and State governments to verify the constitution of these committees and to ensure that all necessary information is readily available and regularly updated on official websites. Additionally, the court highlighted the need for orientation programs and workshops to upskill committee members on handling complaints of sexual harassment.

2.POSH Amendment Bills: The Amendment Bill 2022 proposed changes to the timeline for raising a complaint, allowing it to be filed “within a reasonable period of time” rather than the current three-month limit. This amendment gives discretion to the Employment Tribunal or Internal Committee to determine what constitutes a reasonable time. Furthermore, the Amendment Bill 2024 proposes to extend the timeline for filing a complaint from three months to one year and to remove the option for conciliation prior to an inquiry. These changes aim to provide more flexibility for complainants but also raise concerns about the practical difficulties in gathering evidence and witness testimony over extended periods.

CONCLUSION

The POSH Act is a powerful tool to ensure workplace safety and dignity for women. Effective implementation, awareness, and accountability are essential to building a respectful work environment. Employers and employees must work together to ensure compliance and foster a culture of zero tolerance towards sexual harassment.

REFERENCES

[1] Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 https://www.indiacode.nic.in/handle/123456789/17057 accessed 8 January 2026.

[2] Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 https://www.indiacode.nic.in/handle/123456789/17057 accessed 8 January 2026.

[3] Vishaka v State of Rajasthan (1997) 6 SCC 241 https://indiankanoon.org/doc/1031794/ accessed 8 January 2026.

[4] POSH Equili, ‘There Exists No Provision of Preferring Appeal under the Act to a Departmental Authority: Madhya Pradesh High Court’ https://poshequili.com/there-exists-no-provision-of-preferring-appeal-under-the-act-to-a-departmental-authority-madhya-pradesh-high-court/ accessed 8 January 2026.