What is the POSH Act, 2013?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is the Indian law that requires employers to prevent sexual harassment, set up a complaint mechanism and redress complaints in a fair and time-bound manner.

Is an Internal Committee mandatory?

Yes. Under Section 4 of the POSH Act, 2013, every employer with 10 or more employees must constitute an Internal Committee (IC) at each office or branch. Workplaces with fewer than 10 employees are covered by the Local Committee set up by the District Officer.

What is the time limit to file a complaint?

A complaint should be made in writing within 3 months of the incident (or of the last incident in a series). The committee can extend this by another 3 months if circumstances prevented the woman from filing earlier.

How long does a POSH inquiry take?

The Internal Committee must complete its inquiry within 90 days of receiving the complaint and share its report with the employer within 10 days of completing it. The employer must act on the recommendations within 60 days.

Can Poshaw help my organisation comply?

Yes. From policy drafting and IC formation to training and annual reports, we provide end-to-end POSH compliance support. Contact us for a free consultation.

Can a Woman File a POSH Complaint Against Another Woman?

Picture this scenario in a workplace:

An Internal Committee (IC) receives a sexual harassment complaint. The complainant is a female employee. However, when the IC opens the file, they find that the accused individual—the respondent—is also a woman.

Instantly, a debate erupts in the HR office: “Wait, can a woman even be charged under the POSH Act? Isn’t POSH strictly meant for complaints against men?”

This exact question went all the way up to the Calcutta High Court. The decision that followed remains a critical lesson for every HR leader, IC member, and workplace compliance manager in India.

Fact Check: Dr. Malabika Bhattacharjee v. Internal Complaints Committee

In Dr. Malabika Bhattacharjee v. Internal Complaints Committee, Vivekananda College & Ors. (WPA 9141 of 2020, decided on November 27, 2020), an academic associate filed a writ petition challenging the jurisdiction of an Internal Committee.

The petitioner argued that a sexual harassment complaint filed against her by another female colleague was non-maintainable simply because both parties were of the same gender.

What Did the Calcutta High Court Rule?

Justice Sabyasachi Bhattacharyya rejected the petition and upheld the maintainability of same-gender POSH complaints, clarifying three key points:

The Definition of "Respondent" Is Gender-Neutral: Under Section 2(a) of the POSH Act, 2013, the complainant must be an "aggrieved woman." However, under Section 2(m), the respondent is defined simply as "a person" against whom the complaint has been made—not "a man" or "a male employee."
Dignity Transcends the Gender of the Perpetrator: The Court observed that sexual harassment pertains to the violation of a woman's modesty and dignity at work. A person of any gender can commit acts that offend or threaten another woman’s dignity under Section 2(n) and Section 3(2) of the Act.
Societal Perspectives Evolve: The Court noted that while same-gender sexual harassment might seem counterintuitive to some at first glance, it is entirely possible in a modern, evolving society.

The Crucial Legal Distinction: Maintainability vs. Merits

There is an essential legal caveat that every IC member must understand from this case: The High Court was ruling purely on maintainability, not on whether the allegations were true.

The Court explicitly clarified that it was not deciding whether sexual harassment had actually occurred. It simply ruled that the Internal Committee had full legal jurisdiction to receive, investigate, and inquire into the complaint on its merits.

Key Takeaways for Internal Committees (ICs)

When a new complaint lands on your table, your inquiry framework should not start with prejudice regarding gender roles.

1. Focus on the Allegation, Not the Respondent’s Gender

Do not ask, "Who is the respondent?" or "What is their gender?"

Instead, ask: "What is the alleged conduct, and does it fall within the statutory scope of Section 2(n) or Section 3(2) of the POSH Act?"

2. POSH Protection Is Centered on the Victim

The POSH Act is woman-centric regarding who can seek protection (the complainant must be a woman), but it is gender-neutral regarding who can be held accountable (the respondent can be anyone).

3. Evaluate the Facts and Context

Check whether the alleged conduct involves unwelcome physical contact, demands for sexual favors, sexually colored remarks, or creating an intimidating/hostile work environment. If the allegations fit the definition of sexual harassment under the statute, the IC must proceed with the inquiry regardless of whether the respondent is male, female, or transgender.

Conclusion

The law is clear: POSH is not a "woman vs. man" framework—it is a "dignity vs. harassment" framework.

Understanding these legal nuances ensures that Internal Committees act with procedural fairness, avoid bias, and fulfill their duty to keep the workplace safe and respectful for everyone.

What Do You Think?

Has your organization ever navigated a complex or non-traditional POSH complaint? How does your Internal Committee approach jurisdictional questions?