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The short answer
A POSH complaint of sexual harassment at work is made in writing to your employer's Internal Committee, or, if the workplace has fewer than 10 workers or the complaint is against the employer, to the district Local Committee set up by the Collector. File within three months of the incident (extendable by three more). The inquiry must finish in 90 days, and you can also go to the police.
POSH complaint in Odisha: who hears it
A POSH complaint is a complaint of sexual harassment at the workplace under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, called the POSH Act, and the POSH Rules, 2013. It is a civil, workplace remedy that runs alongside, and separately from, a criminal complaint to the police. The Act protects women, of any age and in any kind of work: regular, contract, temporary, trainee, intern, volunteer or domestic worker.
| Situation | Where the complaint goes |
|---|---|
| The workplace has 10 or more workers | Internal Committee (IC) of the employer (Section 4) |
| Fewer than 10 workers, or the complaint is against the employer himself | Local Committee (LC) of the district (Section 6) |
| Domestic worker, or work in the unorganised sector | Local Committee |
In Odisha, the Women and Child Development Department has notified the District Collectors as District Officers under the Act. The District Officer constitutes the Local Committee for the district and designates nodal officers at block and urban-ward level, who must forward any complaint they receive to the LC within seven days. Ask at the Collectorate or the District Social Welfare Office for the LC's address.
What counts as sexual harassment at the workplace
Section 2(n) covers unwelcome physical contact and advances, a demand or request for sexual favours, sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal or non-verbal conduct of a sexual nature. Section 3 adds conduct that implies a promise of preferential treatment, a threat to your job, interference with work, or a hostile or intimidating work environment.
The "workplace" is wide: government offices, private companies, hospitals, shops, educational institutions, sports venues, a dwelling house where a domestic worker works, and any place visited during employment, including transport provided by the employer. Messages and calls through work channels are commonly treated as part of it.
POSH Act time limit for complaining
The complaint must be made in writing within three months of the incident, or of the last incident in a series (Section 9). The Committee can extend this by up to another three months if satisfied that circumstances prevented an earlier complaint, so write down the reason for any delay. If the woman cannot write, a Committee member must help her put it in writing. If she is physically or mentally unable to complain, or has died, a relative, friend, co-worker or other person allowed by the Rules may complain for her.
How to file an Internal Committee complaint
- Find the IC. Every employer with 10 or more workers must constitute one and display its composition. It has a Presiding Officer who is a senior woman employee, at least two employees, and one external member from an NGO or with relevant knowledge; at least half the members must be women. In Odisha the State has asked offices and institutions to register their ICs on the central SHe-Box portal.
- Write the complaint. Give six copies with supporting documents and names and addresses of witnesses (Rule 7). Describe each incident: date, place, what was said or done, and who saw it.
- Online option. The Ministry of Women and Child Development's SHe-Box portal lets a woman register a complaint, which is sent to the IC or LC concerned, and track it.
- Keep evidence. Screenshots with dates, emails, call logs, and the names of anyone you told at the time. Do not delete chats.
The inquiry, step by step
- Conciliation (optional). Before the inquiry, at the woman's request only, the Committee may try to settle the matter. Money cannot be the basis of a settlement (Section 10).
- Notice to the respondent. A copy of the complaint goes to the respondent within seven working days; the respondent replies within ten working days.
- Interim relief. On a written request, the Committee can recommend transfer of either person, leave of up to three months, or restraining the respondent from assessing the complainant's work (Section 12).
- Inquiry. Conducted on principles of natural justice, with both sides heard and witnesses examined. It must be completed within 90 days (Section 11). Lawyers cannot represent parties at the hearing.
- Report. Within 10 days of completing the inquiry, the Committee gives its findings and recommendations to the employer or District Officer, who must act on them within 60 days (Section 13). Action can include penalties under service rules, deduction from the respondent's wages to pay compensation, and other measures.
- Confidentiality. Identities, the complaint and the proceedings may not be published or disclosed (Section 16).
A complaint found to be false or malicious, as distinct from one that could not be proved, can lead to action against the complainant (Section 14). Lack of proof alone is not a reason for such action.
Appeal against the Committee's findings
Either side may appeal within 90 days of the recommendations (Section 18), to the appellate authority under the applicable service rules or, where there are none, the authority notified under the Rules. Government employees in Odisha follow their service rules. Where the inquiry itself was unfair, a writ petition in the Orissa High Court may also be considered in appropriate cases.
Police complaint as well
The POSH process does not bar a criminal complaint. Sexual harassment is an offence under Section 75 of the Bharatiya Nyaya Sanhita, 2023 (old Section 354A IPC), and words or gestures meant to insult a woman's modesty under Section 79 BNS (old Section 509 IPC); more serious acts carry other offences. See how to file an FIR in Odisha. For a domestic worker, the Local Committee forwards the complaint to the police if a prima facie case exists. Online harassment can also be reported as described in cyber crime complaints in Odisha.
Employers' duties
An employer must constitute the IC, display the penal consequences and the IC's details, hold awareness programmes, help the Committee, and file an annual report. Failure is punishable with a fine of up to ₹50,000, with higher penalties and possible cancellation of licence or registration on repetition (Section 26). Retaliation, such as termination after a complaint, can be raised before the IC or LC and in employment proceedings; see wrongful termination in Odisha.
If you cannot afford representation for a related court case, see free legal aid in Odisha. The Odisha State Commission for Women also receives complaints from women.
Odia terms used in this guide
| Odia | Transliteration | Meaning |
|---|---|---|
| ଯୌନ ଉତ୍ପୀଡ଼ନ | jauna utpidana | sexual harassment |
Frequently asked questions
What is the time limit for a POSH complaint?
Three months from the incident, or from the last incident in a series. The Internal or Local Committee can extend it by up to three more months if it records that circumstances prevented an earlier complaint.
Where is the Local Committee in my district in Odisha?
The District Collector, notified as District Officer, constitutes it. Ask at the Collectorate or the District Social Welfare Office, or give the complaint to the block or ward nodal officer, who must forward it within seven days.
Can I file a sexual harassment at workplace complaint online?
Yes. The SHe-Box portal (shebox.wcd.gov.in) of the Ministry of Women and Child Development forwards complaints to the Internal or Local Committee concerned and lets you track them.
What if my company has no Internal Committee?
If it has 10 or more workers, that is a breach punishable with a fine of up to ₹50,000. You can complain to the district Local Committee and report the failure to the District Officer.
Can a POSH complaint and a police case go on together?
Yes. The POSH inquiry is a workplace process; sexual harassment is also an offence under Section 75 BNS (old Section 354A IPC). Both can proceed.
Can a man file a POSH complaint?
The POSH Act protects women only. A man facing harassment at work can use the employer's general grievance or conduct rules, and the criminal law where an offence is made out.
Official sources
- POSH Act, 2013 (India Code)
- Odisha Women and Child Development Department: POSH Act page
- SHe-Box portal (Ministry of Women and Child Development)
- Odisha government directions on POSH compliance (Sambad English, July 2025)
General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.