PoSH

Under the POSH Act, 2013, can an aggrieved woman make an oral complaint of sexual harassment to the Internal Committee?

3/14/2025

Under the POSH Act, 2013, the answer to whether an aggrieved woman can make an oral complaint to the Internal Committee is No.

As per Section 9 of the POSH Act, an aggrieved woman must provide a written complaint of sexual harassment to the Internal Committee (IC) or the Local Committee (LC) within three months of the incident, or in the case of a series of incidents, within three months of the last incident.

However, the Act also includes provisions to address situations where a woman is unable to submit a written complaint due to practical difficulties. In such cases, the Presiding Officer or any member of the IC/LC must assist the aggrieved woman in converting her oral account into a written format, ensuring that no woman is denied the opportunity to lodge a complaint.

The Idea Behind Requiring a Written Complaint:
1. Clarity and Specificity:
A written complaint helps provide a clear, detailed, and precise account of the incident(s), ensuring that all relevant facts are recorded for the purpose of investigation.

2. Accountability:
A written document serves as a formal record, reducing ambiguities and preventing misinterpretation of verbal accounts.

3. Legal and Procedural Consistency:
Written complaints form the basis for subsequent inquiries, ensuring adherence to legal and procedural norms during the investigation and decision-making processes.

4. Fairness to All Parties:
A documented complaint ensures fairness and transparency, safeguarding both the complainant’s rights and the rights of the accused.

Key Provisions of Section 9:
1. Written Complaint Requirement:

The complaint must be submitted in writing.

2. Assistance for Writing:

If the woman is unable to write, the Presiding Officer or any Committee member must provide reasonable assistance in preparing the written complaint.

3. Extension of Time:

The time limit for filing a complaint can be extended by up to three additional months for valid reasons, which must be documented.

4. Incapacitated or Deceased Aggrieved Woman:

If the woman cannot make a complaint due to physical/mental incapacity or death, her legal heir or a prescribed person can file the complaint on her behalf.

Conclusion:
While the Act mandates that complaints be submitted in writing, the provision to assist women who are unable to do so reflects the law's commitment to accessibility and inclusivity. This approach balances procedural requirements with sensitivity to the challenges that victims of sexual harassment may face.

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