🌐 Introduction

The POSH Act, 2013 (Prevention of Sexual Harassment at Workplace) provides a clear framework to handle complaints of sexual harassment. It ensures that every aggrieved woman has access to a fair, confidential, and time-bound redressal mechanism through the Internal Complaints Committee (ICC) or Local Complaints Committee (LCC).

To understand how the process works, let’s walk through the key stages: receiving the complaint, planning the inquiry, interviewing parties, reasoning, findings, and final reporting. We’ll also look at the complaint filing process, inquiry conclusion, and landmark case laws.

Complaint Mechanism:

📨 Step 1: Receiving the Complaint

The process begins when the ICC or LCC receives a complaint. The committee must:

• Acknowledge the complaint formally and assure the aggrieved woman of fair redressal.
• Meet with the complainant to understand her grievance in detail.
• Discuss whether she prefers an informal resolution (conciliation, apology, counselling) or a formal inquiry.

💡 This first step sets the tone — sensitivity, respect, and confidentiality are essential.

📑 Step 2: Planning Carefully

Once the complaint is received, the committee must plan the inquiry. This involves:

• Preparing proper documentation, reviewing policies and the law.
• Listing relevant dates, events, and potential witnesses.
• Deciding on interim relief such as transfer of the complainant or respondent, or granting leave up to three months, as requested by the complainant.

🎙️ Step 3: Conducting Interviews

The ICC/LCC then proceeds to interviews. Key actions include:

• Identifying which issues need clarification through questioning.
• Interviewing the complainant, respondent, and witnesses fairly.
• Reviewing the evidence collected to make a reasoned finding.

🧾 Step 4: Reasoning and Analysis

The committee must evaluate all statements and evidence to decide if the alleged behavior qualifies as sexual harassment under the POSH Act. This involves:

• Creating a timeline of events for clarity.
• Comparing similarities and differences in witness accounts.
• Ensuring conclusions are based on facts, not assumptions.

📌 Step 5: Arriving at Findings

After thorough examination, the committee reaches its findings. It may conclude that:

1. The complaint is proved – leading to disciplinary action.
2. The allegations are not proved – case is closed.
3. The complaint is false or malicious – action may be taken against the complainant as per service rules.

Based on the findings, the committee makes its recommendations to the employer or District Officer.

📝 Step 6: Report Writing

The ICC/LCC must prepare a detailed inquiry report within 10 days of concluding the inquiry. The report should include:

• Chronology of events and dates.
• Names of persons involved and witnesses.
• Minutes of meetings and proceedings.
• Evidence submitted and examined.
• Final findings and recommended actions.

📂 Complaint Filing Process

1. Statement of the Aggrieved Woman

Her written complaint becomes the basis of disciplinary action, treated as a statement of misconduct.

2. Articles of Charge sheet

The complaint itself may act as a charge sheet, informing the respondent of the allegations.

3. Written Statement of Respondent

The respondent must be given:

• A copy of the complaint
• The charge sheet
• List of witnesses and documents

He then files a written statement in defense.

4. Admission or Denial of Charges

• If the respondent admits, the ICC records findings and recommends action.
• If he denies, a formal inquiry begins.
• If no written defense is filed, ICC can proceed based on available evidence.

5. Non-Cooperation of Respondent

If the respondent fails to cooperate or appear, ICC may adjourn for up to 30 days, and later proceed ex parte on available records.

6. Examination of Witnesses and Evidence

Both oral and documentary evidence is examined. Importantly, the complainant’s character or personal life cannot be questioned.

📅 Inquiry Conclusion Process

• The inquiry must be completed within 90 days of receiving the complaint.
• ICC must submit its report to the employer within 10 days of conclusion.
• The report must detail dates, participants, proceedings, evidence, and findings.

Possible Findings:

1. Charges Proved – Action taken against respondent.
2. Allegations Not Proved – Case closed, but employer may take preventive measures.
3. False Complaint – Disciplinary action against complainant, if proved malicious.

⚖️ Landmark Case Laws

📌 Medha Kotwal Lele vs Union of India

• Petition highlighted poor implementation of Vishaka Guidelines.
• The Supreme Court held that ICC/LCC reports should be treated as inquiry reports of misconduct.
• Directed that all committees must be headed by women and include independent members.

📌 Seema Lepcha vs State of Sikkim

• A bank employee was harassed by her manager; no ICC existed at the workplace.
• The Sikkim High Court directed immediate constitution of complaint committees, awareness drives, and strict compliance with Vishaka Guidelines.

🌟 Conclusion

The POSH Act complaint and inquiry mechanism ensures that sexual harassment complaints are handled fairly, promptly, and with dignity. From receiving complaints to delivering inquiry reports, the process is designed to protect women’s rights while ensuring fairness to all parties.

For organizations, strict compliance is not only a legal duty but also a moral responsibility to create safe, respectful, and gender-sensitive workplaces.