How to File a Sexual Harassment Complaint in Kerala

Who Can File a Complaint?

The POSH Act defines an "aggrieved woman" broadly — any woman who has experienced sexual harassment at a workplace, regardless of her employment status. This includes:

• Regular employees (permanent or temporary)
• Contract workers, apprentices, trainees, and interns
• Visitors, clients, and customers who were harassed on the employer's premises
• Women who are not employed by the organisation but visited as part of their own work

The complainant must be a woman. The POSH Act as currently enacted protects women from sexual harassment. Men and LGBTQ+ persons may have recourse under other provisions of law — the IC or the police can provide guidance.

What Counts as Sexual Harassment Under the Act?

Section 2(n) of the POSH Act defines sexual harassment to include any one or more of the following unwelcome acts or behaviour:

1. Physical contact and advances
2. A demand or request for sexual favours
3. Making sexually coloured remarks
4. Showing pornography
5. Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature

This includes quid pro quo harassment (where sexual favours are tied to employment benefits or threats) and hostile environment harassment (where conduct creates an intimidating, humiliating, or offensive work environment).

It also includes implied or explicit promises of preferential treatment or threats of detrimental treatment, and conduct that interferes with the woman's work or creates a hostile, humiliating, or offensive work environment.

Where to File — IC or Local Committee?

If your organisation has 10 or more employees: File your complaint with the Internal Committee (IC) of your organisation.

If your organisation has fewer than 10 employees, or if your complaint is against the employer themselves: File your complaint with the Local Committee (LC) of the District, constituted by the District Officer for your district.

Via SHe-Box: The Ministry of Women and Child Development operates the SHe-Box portal (shebox.wcd.gov.in) — a government platform where you can file a complaint online. The complaint is routed to the appropriate IC or LC.

What Is the Deadline for Filing?

Under Section 9 of the POSH Act, a complaint must be filed within 3 months of the last incident of sexual harassment. If the harassment occurred over a period of time, the 3-month period runs from the last incident.

The IC has the power to extend this deadline by a further 3 months if it is satisfied that circumstances prevented timely filing.

The Complaint Process — Step by Step

1. File a written complaint to the IC Presiding Officer or a member, within the 3-month period
2. The IC acknowledges your complaint and may offer you the option of conciliation (settling through mediation — no monetary settlement is allowed as the basis of conciliation)
3. If no conciliation or if you decline: The IC begins a formal inquiry — you and the respondent will each be heard separately
4. Inquiry timeline: The IC must complete its inquiry within 90 days (Section 11(4))
5. Inquiry report: The IC provides its findings report to the employer within 10 days of completing the inquiry. You are entitled to receive a copy of this report (Section 13(1), upheld by Supreme Court in 2024)
6. Employer action: The employer must implement IC recommendations within 60 days
7. Appeal: If dissatisfied with the recommendations, you may appeal to the appropriate court or tribunal within 90 days

Your Rights During the Process

• The right to confidentiality — your identity and the complaint details must not be disclosed (Section 16)
• The right to interim relief — you may request a transfer, leave of up to 3 months in addition to regular leave, or protection from retaliation while the inquiry is ongoing
• The right to be heard — the IC must give you a full opportunity to present your case and evidence
• The right to receive the inquiry report — Section 13(1) makes this mandatory
• Protection from false charges — you are protected from being penalised for filing a genuine complaint even if it is not substantiated

What FIO Foundation Can Help With

If you are an HR manager, IC member, or employer dealing with an active complaint, FIO Foundation's helpline provides guidance on procedure, documentation, and process at every stage.

We do not represent parties in proceedings and do not adjudicate. Our role is to ensure the IC has the procedural knowledge to handle the case fairly, lawfully, and with sensitivity.

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