PoSH

Can an Internal Committee reject a sexual harassment complaint filed by a man under the POSH Act, 2013?

3/14/2025

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was enacted specifically to address the issue of sexual harassment faced by women at workplaces. Its primary aim is to provide a structured mechanism for the prevention and redressal of such incidents, ensuring a safe working environment for women. Consequently, the Act defines clear boundaries regarding its applicability, which excludes complaints of sexual harassment filed by men or individuals who do not identify as women.

Legal Framework of the POSH Act:
1. Mandate of the IC:

As per Section 4(1), every employer is required to constitute an Internal Committee (IC) to handle complaints of sexual harassment.
The IC’s role is aligned with the purpose of the Act, which explicitly focuses on addressing and resolving complaints from women.

2. Definition of 'Aggrieved Woman':

Under Section 2(a), the Act defines an "aggrieved woman" as:

A woman of any age, employed or not, who alleges to have been subjected to sexual harassment in a workplace.
A woman employed in a dwelling house alleging harassment in that setting.

This definition excludes men and individuals of other genders, limiting the IC’s jurisdiction under the Act to complaints by women only.

3. IC's Scope and Authority:

The IC is bound to operate within the provisions of the POSH Act. Complaints from men or other genders do not fall under its purview as per the Act’s strict wording and purpose.
Any complaint filed by a man cannot be addressed or adjudicated by the IC if it functions exclusively under the Act.

Handling Complaints Beyond the POSH Act:
Although the POSH Act, 2013, does not cover complaints by men or other genders, employers have the liberty to formulate internal policies that address harassment for all employees, irrespective of gender. This allows organizations to create a safe and inclusive environment beyond the limitations of the Act. For instance:

1. Broader Workplace Harassment Policies:

Employers can draft gender-neutral policies for addressing workplace harassment.
Such policies may empower the IC or a separate committee to handle complaints from men or any other gender category.

2. Inclusivity in IC Operations:

While the IC under the POSH Act serves women, employers can extend its mandate through internal guidelines, ensuring that all employees feel protected and supported.
These policies can establish procedures for redressal that mirror the fairness and structure of the POSH Act but include provisions for complaints filed by men.

Why Is This Distinction Important?
1. Legal Compliance:

The IC must adhere to the POSH Act’s provisions to ensure legal compliance, which is limited to addressing complaints from women.
Expanding its scope without a distinct policy framework could lead to legal complications or overstepping its statutory authority.

2. Workplace Safety:

Addressing harassment complaints for all genders through internal policies demonstrates the organization’s commitment to a harassment-free workplace.

Conclusion:
An IC functioning under the POSH Act, 2013, must reject complaints from men, as the Act explicitly limits its focus to protecting women from sexual harassment. However, organizations are encouraged to implement broader harassment policies to ensure inclusivity and fairness for all employees. This dual approach, compliance with the POSH Act and adoption of inclusive policies, ensures a legally sound and equitable workplace environment.

Disclaimer: This document is for educational purposes only and does not constitute legal advice.