Can you file an anonymous complaint under Prevention of Sexual Harassment Act?

--By Advocate Ankita Sarangi--

Due consideration needs to be given to the fact that the POSH legislation is still at a nascent stage and still evolving. Although at present you can only file a written complaint thus, oral and anonymous complaints may not be entertained by the Internal Complaints Committee (IC). A written complaint also covers E-mails sent to the official mail of your IC.

Can the victim send someone on her behalf?

Yes, she can send someone on her behalf in cases where she is suffering from a mental or physical disability. However the IC has to check whether she had approved and whether it was sent with her consent.

Can it be filed against an unknown person?

You can file a complaint against an unknown person in case of an online stalking incident, when you are aware that the person belongs to your office however the exact person behind it is unknown.

Role of the committee (IC)-

It is the responsibility of the Internal complaints committee to assist the victim/complainant in filing a written complaint in case she is unsure of how to go about it or the legal ramifications. The POSH law is an enabling legislation to create a safe work environment for women and to encourage them to come forward and not continue as silent sufferers.

<Need more information on POSH law and how to draft your complaint? Talk to the client support at the bottom right corner or mail us>