Introduction

Background of the POSH Act, 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 – popularly known as the POSH Act – was enacted as a landmark legislation to ensure a safe working environment for women in India. It draws its foundation from the Vishaka Guidelines (1997) laid down by the Supreme Court, which first recognized workplace sexual harassment as a violation of Article 14, 15, and 21 of the Constitution.

The Act mandates every employer to set up an Internal Committee (IC) at workplaces with 10 or more employees, and a Local Committee (LC) at the district level, to address complaints where no IC exists.

Importance of Clarity on Who Can File a Complaint

While the POSH Act provides a robust framework for protection, a recurring question arises:

Who exactly is eligible to file a complaint under the Act?

• Is it only a woman employee?
• Can a client or visitor also file a complaint?
• What happens if the woman herself is unable to file due to physical or mental incapacity?

Clarity on these questions is vital because awareness of eligibility directly impacts access to justice. Many complaints are lost because women or their representatives are not aware of their rights under Section 9 of the Act.

Who Can File a Complaint under the POSH Act?

The POSH Act adopts an inclusive approach to cover a wide range of situations. It ensures that not only regular employees but also women in non-traditional roles are protected.

1. Primary Complainant: The Aggrieved Woman

The law clearly states that only a woman can be the aggrieved party under the POSH Act. The definition of “aggrieved woman” (Section 2(a)) includes:

• A woman of any age, whether employed or not,
• Who alleges to have been subjected to sexual harassment,
• At a workplace.

This wide definition ensures protection even for women who are not formally employed but enter a workplace in any capacity.

1. Employee vs. Non-Employee Complainants

The POSH Act applies equally to:

• Employees: Permanent, temporary, ad-hoc, daily wage, interns, trainees, or even volunteers. For example, a female intern at a corporate office can file a complaint just like a regular employee.
• Non-employees: Women who are not on the payroll but are present in the workplace environment. For instance, a consultant or freelancer engaged in a project can also seek protection.

This ensures that employment status does not restrict access to justice under the Act.

1. Women Visiting the Workplace (Clients, Customers, Domestic Workers, etc.)

One of the most progressive aspects of the POSH Act is that it extends protection to any woman present at the workplace, not just employees. This includes:

• Clients and customers: A woman customer harassed at a bank or retail store can file a complaint.
• Domestic workers: Covered under the Act when working in a household (as “workplace” is broadly defined).
• Visitors and outsiders: For example, a female delivery executive harassed in an office building is also entitled to protection.

This expansive coverage ensures that workplaces are accountable not just to their employees but also to all women who may interact with them.

Third-Party Complaints: Who Can File on Behalf of the Aggrieved Woman?

The POSH Act recognizes that sometimes an aggrieved woman may not be in a position to file a complaint herself. To ensure access to justice in such cases, the law allows third-party representatives to file on her behalf.

1. a) Legal Heirs

If the aggrieved woman has passed away or is otherwise incapacitated, her legal heirs (such as husband, children, or parents) can lodge a complaint before the Internal Committee (IC) or the Local Committee (LC).

• Example: If a woman employee suffers sexual harassment but dies in an accident before filing a complaint, her daughter can legally continue the process by submitting the complaint to the IC.

1. b) Colleagues or Friends

Trusted colleagues or friends working in the same organization may also submit a complaint.

• This ensures that fear of stigma, workplace pressure, or mental trauma does not prevent the matter from being reported.
• Example: If a junior employee is harassed by her senior but feels too intimidated to complain, her close colleague may file the complaint on her behalf.

1. c) NGOs and Voluntary Organizations

The law gives space for NGOs, social workers, or voluntary organizations to step in and assist the complainant.

• This provision is particularly helpful in cases involving domestic workers, contractual staff, or women from marginalized backgrounds.
• NGOs not only help file the complaint but also provide emotional and legal support during the inquiry process.

1. d) Role of Family Members

If the woman cannot file the complaint due to physical or mental incapacity, immediate family members such as parents, siblings, or spouse may represent her.

• Example: If a woman employee becomes mentally unstable due to prolonged harassment, her parents can file the complaint in her place.

This recognition of representative filing highlights the POSH Act’s intent to prioritize justice over technicalities.

Special Circumstances under Section 9(2) of POSH Act

Section 9(2) of the POSH Act specifically provides for situations where the aggrieved woman cannot approach the IC or LC herself. In such circumstances, the law authorizes other persons to act on her behalf.

1. a) When the Aggrieved Woman is Unable to File

The inability may arise due to:

• Physical incapacity,
• Mental illness,
• Death, or
• Any other valid reason preventing her from making the complaint.

1. b) Death, Mental Incapacity, or Physical Inability

• Death: In the event of her death, legal heirs are empowered to file the complaint.
• Mental incapacity: Family members, NGOs, or friends can take responsibility.
• Physical inability: A temporary representative (colleague, relative, or friend) can act on her behalf until she recovers.

1. c) Complaint Through Representatives

The law ensures that justice is not denied due to technical or physical barriers. This provision is especially relevant in cases of extreme harassment, workplace intimidation, or when the woman is placed in a vulnerable position.

Practical Examples of Who Can File

To better understand the scope of complainants under the POSH Act, let’s look at real-life inspired scenarios:

Example 1: Female Employee in a Corporate Office

A female associate in an IT company faces repeated unwelcome advances from her manager. She directly files a written complaint before the Internal Committee (IC) within her company.

This is the most straightforward case where the aggrieved woman herself files the complaint.

Example 2: Domestic Worker in a Private Household

A domestic worker experiences harassment by her employer. Since there is no IC in private households, she approaches the Local Committee (LC) constituted under the POSH Act at the district level.

This shows that the law covers informal sector workers too.

Example 3: Female Client Harassed by a Service Provider

A woman visiting a private bank as a client faces sexually inappropriate behavior from a staff member. Even though she is not an employee, she can still file a complaint with the IC of that bank, as the Act extends protection to any woman present at the workplace.

Example 4: NGO Assisting a Mentally Incapacitated Survivor

A woman employee in a factory suffers mental trauma after prolonged harassment, making her incapable of filing a complaint herself. An NGO specializing in women’s rights steps in and files the complaint on her behalf.

This highlights the flexibility of third-party representation under the POSH Act.

Why Training of Internal Committee is Essential

While the Act provides wide access for complainants, the effectiveness of the law depends largely on how the Internal Committee (IC) handles complaints. Proper training is therefore crucial.

1. a) Sensitivity in Handling Diverse Complainants

• The IC must be sensitive when dealing with different categories of complainants – employees, clients, domestic workers, or family representatives.
• Mishandling or lack of empathy can discourage victims from seeking justice.

1. b) Avoiding Rejection of Valid Complaints

• Sometimes, ICs wrongly reject complaints by women who are not direct employees.
• With proper training, IC members learn that even clients, domestic workers, and third-party representatives are legally entitled to file under the Act.

1. c) Importance of Professional Training

The POSH Act itself mandates training and orientation for IC members. Specialized courses such as the Certificate Programme in Train the Trainer (TTT) – POSH

help equip IC members with:

• Legal knowledge of who can file complaints,
• Skills in sensitive inquiry handling, and
• Professional capacity to conduct fair proceedings.

Well-trained ICs not only comply with the law but also build trust among employees and external stakeholders that complaints will be heard fairly.

Judicial Interpretations and Case Laws

Judicial pronouncements have played a pivotal role in shaping the understanding and scope of complaints under the POSH framework.

1. a) Vishaka v. State of Rajasthan (1997)

• This landmark case laid the foundation for workplace sexual harassment law in India.
• The Supreme Court, relying on international conventions like CEDAW, recognized the right of women to a safe working environment as part of Article 21 – Right to Life and Dignity.
• Though decided before the enactment of the POSH Act, it clarified that any woman at a workplace has the right to complain against harassment, even if not a direct employee.

1. b) Medha Kotwal Lele v. Union of India (2013)

• The Supreme Court monitored the implementation of the Vishaka Guidelines and observed that many institutions failed to establish effective complaint mechanisms.
• The Court reinforced that redressal mechanisms must be accessible to all women connected with a workplace.
• This judgment pushed the Government to enact the POSH Act, 2013.

1. c) Other Relevant High Court Rulings

• Punjab & Haryana High Court: Held that women working in educational institutions, whether permanent or contractual, can approach the IC.
• Delhi High Court: Clarified that even women clients/customers facing harassment at workplaces can file complaints.
• Bombay High Court: Emphasized the duty of ICs to entertain complaints from third-party representatives where the victim is incapacitated.

These judicial observations collectively underline that the scope of "who can file a complaint" must be interpreted broadly, in line with the spirit of the Act.

Challenges in Filing Complaints under POSH Act

Despite clear legal provisions, several hurdles exist in the practical filing of complaints:

1. a) Lack of Awareness Among Women and Third Parties

• Many women, especially in the informal sector, are unaware of their rights under the POSH Act.
• Third-party representatives such as NGOs or family members often don’t know they are legally permitted to file complaints.

1. b) Fear of Retaliation at Workplace

• Victims often fear backlash in the form of termination, transfers, loss of promotions, or social stigma.
• This discourages direct filing and makes the role of representatives and IC sensitivity even more important.

1. c) Misinterpretation by IC Members

• Some ICs wrongly believe only employees can file complaints, leading to rejection of genuine grievances from clients, customers, or domestic workers.
• Lack of professional training further deepens this problem. This is why structured training programs like the Certificate Programme in Train the Trainer (TTT) – POSH are critical to prevent misinterpretation and ensure compliance.

Best Practices for Ensuring Access to Complaint Mechanisms

To make the POSH Act effective in reality, organizations and institutions must adopt proactive measures that encourage women to come forward without fear.

1. a) Awareness Programs for Employees and Workers

• Regular training sessions and workshops should be conducted to inform employees, domestic workers, and contractual staff about their rights under the POSH Act.
• Posters, newsletters, and digital campaigns in simple language can make complaint mechanisms more visible and approachable.

1. b) Building Confidence in IC and Local Committees

• Internal Committees (ICs) and Local Committees (LCs) must earn the trust of women by handling cases with confidentiality, sensitivity, and fairness.
• Representation of women members, external experts, and transparent inquiry processes help victims feel secure.

1. c) Role of Government and NGOs in Spreading Awareness

• Government schemes, helplines, and NGO initiatives play a crucial role in reaching vulnerable groups like domestic workers and unorganized sector employees.
• Collaborations with NGOs can also provide psychological counseling, legal aid, and handholding during complaint processes.

Training programs such as the Certificate Programme in Train the Trainer (TTT) – POSH equip organizations to run these awareness drives effectively and professionally.

Conclusion

The POSH Act, 2013, stands as a landmark legislation that recognizes the right of women to a safe and dignified workplace. Yet, its effectiveness depends not only on the legal text but also on the clarity, accessibility, and sensitivity with which complaint mechanisms are implemented. Understanding who can file a complaint is vital because harassment often affects women in diverse roles — employees, clients, domestic workers, or visitors. By allowing third parties such as legal heirs, colleagues, or NGOs to step in under special circumstances, the Act ensures that justice is not denied even when the survivor is unable to speak for herself.

At the same time, challenges remain — lack of awareness, fear of retaliation, and misinterpretation by Internal Committees can dilute the intent of the law. This highlights the need for training, professional handling, and constant awareness-building. Organizations must see POSH compliance not as a tick-box exercise but as a moral and social responsibility to create inclusive, respectful spaces for all.

Moving forward, stronger collaboration between the government, civil society, NGOs, and employers is essential. Awareness campaigns, confidence-building measures, and professional training programs (such as the Certificate Programme in Train the Trainer – POSH) can transform workplaces into truly safe environments.

Ultimately, the POSH Act is not just about addressing complaints but about empowering women to assert their dignity and equality at work. Its success lies in balancing statutory law with compassion, ensuring that every woman, regardless of her role, status, or capacity, has the right to be heard and protected.