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How to report sexual harassment to a Local Committee under the POSH Act

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If your workplace has fewer than 10 employees or no Internal Committee, you can still seek justice. Here is how to use the Local Committee (LC) for POSH complaints.

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12 min read
#POSH Act 2013#Local Committee sexual harassment#District Officer POSH#SHe-Box India#workplace harassment laws India#Internal Committee vs Local Committee#women's safety at work#unorganised sector POSH

The situation: When there is no HR to call

Imagine you are interning at a boutique marketing agency, a small law chamber, or a local NGO with only seven or eight employees. A senior colleague or the founder starts making comments about your clothes, sends inappropriate late-night texts, or touches you in a way that makes you feel unsafe. You have heard of "POSH committees," but when you look around, there is no HR department and no Internal Committee (IC). You feel trapped because the person making you uncomfortable is the one who signs your stipend check.

You might think the law only applies to big corporate offices in Gurgaon or Bengaluru, but that is a myth. Whether you are a domestic worker, a freelancer in a tiny co-working space, or an intern in a small shop, the law has a specific mechanism for you: the Local Committee (LC). This is your state-mandated backup for when the traditional office structure fails or does not exist.

What the law actually says

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (often just called the POSH Act) is designed to be universal.

Under Section 4 of the Act, every workplace with 10 or more employees is legally required to set up an Internal Committee (IC). However, the law-makers knew that millions of Indians work in the "unorganised sector" or in small businesses. To cover this gap, Section 6 of the Act mandates that the State Government must notify a District Officer (usually the District Magistrate, Deputy Commissioner, or Collector) for every district.

This District Officer is responsible for constituting a Local Committee (LC). You should approach the LC in two specific scenarios:

  1. Your workplace has fewer than 10 employees (and therefore no IC).
  2. The complaint is against the employer (the owner/boss) themselves.

Under Section 7, the LC must have a Chairperson who is an eminent woman in the field of social work, one member from among women working in the block/taluka/tehsil, and two members from NGOs or associations committed to the cause of women (one of whom must have a legal background). At least one member must belong to the SC, ST, or OBC category as notified by the government.

According to Section 9, you have a window of 3 months from the date of the incident (or the last incident in a series) to file a written complaint. The LC has the same powers as a Civil Court under the Code of Civil Procedure when summoning people or requiring evidence.

If you are also looking to file a criminal case for physical assault or stalking, you can simultaneously How to file an FIR (and what to do if police refuse) under Section 74 (Assault or use of criminal force to woman with intent to outrage her modesty) or Section 78 (Stalking) of the Bharatiya Nyaya Sanhita (BNS), 2023.

Step-by-step playbook: Filing with the Local Committee

If you find yourself in a workplace without an IC, follow these steps to trigger the LC mechanism.

  1. Verify the need for an LC

    Before jumping to the district level, confirm two things:

    • Employee Count: Does the entire organisation (including all branches in India) have fewer than 10 employees? If it has 10 or more, they are breaking the law by not having an IC. You can read more about POSH at workplace and college to see how to force an organisation to form an IC.
    • The Target: Is your complaint against the "Employer" (the person who controls the management, like the CEO or Owner)? If yes, even if the company has 500 people, the IC cannot hear the case; it must go to the LC to ensure an unbiased inquiry.

  2. Locate your District Officer (DO)

    Every district in India has a designated District Officer for POSH. This is usually the District Magistrate (DM) or the Additional District Magistrate (ADM).

    • Visit the official website of your district (e.g., https://southdelhi.nic.in or https://mumbai.gov.in).
    • Search for "Local Committee" or "Women and Child Development Department" contacts.
    • If you cannot find it online, visit the District Collectorate or the office of the Social Welfare Officer. Ask specifically for the "Local Committee constituted under the POSH Act 2013."
    • Alternatively, use the SHe-Box (Sexual Harassment electronic Box) portal hosted by the Ministry of Women and Child Development (wcd.nic.in). When you submit a complaint there, it is digitally routed to the concerned LC or IC.

  3. Draft your complaint

    The law requires a written complaint. It does not have to be in complex legal English; Hindi or your local regional language is perfectly fine.

    • The Details: Include the date, time, and exact location of the incident(s). Be as specific as possible about what was said or done.
    • Evidence: Mention any witnesses (colleagues, clients) or digital evidence (WhatsApp screenshots, emails, CCTV footage).
    • The Ask: Clearly state that you want the LC to initiate an inquiry under the POSH Act.
    • Copies: You must prepare 6 copies of the complaint along with supporting documents. The law requires this so copies can be sent to the respondent and the committee members.

  4. Submission and Acknowledgement

    Submit the complaint to the LC office or the District Officer's secretariat.

    • Timeline: You must do this within 3 months of the incident. If you are late, you must explain in writing why you couldn't file earlier (e.g., mental health trauma or fear of retaliation). The LC can extend the limit by another 3 months if they find your reasons convincing.
    • The Receipt: This is the most critical part. Ensure you get a "Received" stamp with a date and signature on a photocopy of your complaint. This is your proof of filing.

  5. Request Interim Relief

    Under Section 12 of the Act, while the inquiry is pending, you can ask the LC in writing to recommend certain actions to your employer to protect you, such as:

    • Transferring you or the respondent to another workplace.
    • Granting you leave for up to 3 months (this is in addition to your regular leave).
    • Restraining the respondent from reporting on your work performance or writing your confidential report.

  6. Conciliation or Inquiry

    When the LC receives your complaint, they might ask if you want to settle the matter through conciliation (Section 10).

    • Important: Conciliation cannot involve a monetary settlement. It is usually for an apology or a change in behavior.
    • You have the right to say NO and demand a full inquiry.
    • If you choose an inquiry, the LC will send a copy of the complaint to the respondent within 7 working days. The respondent then has 10 working days to file a reply.

  7. The Inquiry Process

    The LC must complete the inquiry within 90 days.

    • They will call both parties for hearings. You are allowed to bring witnesses.
    • Note: You are NOT allowed to bring a lawyer to represent you during the LC proceedings, though you can consult one privately for drafting.
    • Once the inquiry is finished, the LC has 10 days to provide the report to the District Officer and the parties involved.

    If you are facing online harassment as part of this experience, you should also use the Cyber Crime reporting portal to flag digital evidence.

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Where it usually breaks

The POSH Act looks great on paper, but the "Local Committee" (LC) is often the weakest link in the chain. Here is where you will likely hit a wall and how to climb over it:

  1. The "Ghost" Committee: You go to the District Magistrate’s office, and the staff looks at you like you’re speaking Klingon. Many districts have not actually notified an LC, or the old committee’s term expired and no one bothered to renew it.

    • The Workaround: Don’t just ask "Where is the POSH committee?" Ask for the District Officer (DO) notified under Section 6 of the POSH Act. If they still stall, file a quick RTI (template below) asking for the names and contact details of the LC members. The threat of a paper trail usually wakes them up.

  2. The "Not My Problem" Shunt: The clerk might try to tell you to "just go to the police" or "sort it out with your boss."

    • The Workaround: Remind them (politely but firmly) that under Section 6(1) of the POSH Act, the LC has a statutory duty to receive complaints. They cannot legally refuse. Carry a printout of the Act or a screenshot of the Ministry of Women and Child Development (WCD) handbook.

  3. Retaliation (The "You’re Fired" Move): Since you are likely in a small office, the moment you file a complaint, the employer might fire you or stop your stipend.

    • The Workaround: Under Section 12, you can request "interim relief." The LC can recommend that you be transferred to another branch (if available) or, more importantly, grant you paid leave for up to three months. This leave is in addition to your regular leave. If they fire you because of the complaint, that is a separate legal violation you can take to a labour court.

  4. Privacy Leaks: In small districts, the LC members might know your employer. There’s a risk they might "informally" chat about your case.

    • The Workaround: Section 16 of the Act strictly prohibits publishing or making known the contents of the complaint or the identity of the parties. If an LC member leaks info, they can be fined ₹5,000 as per the Rules. Point this out at the very first meeting.

Templates & scripts

Copy, fill in the [highlighted] bits, and send.

1. The Complaint Letter to the Local Committee

Keep it factual. Avoid flowery language. Use the "Who, What, When, Where" rule.

To, The Chairperson, Local Committee, [Name of your District, e.g., Lucknow District], [State].

Subject: Complaint of sexual harassment at workplace under Section 9 of the POSH Act, 2013.

Respected Ma’am/Sir,

I am writing to file a formal complaint against [Name of Accused], who is [Designation, e.g., the Founder/Senior Associate] at [Name of Organisation].

I am an [Intern/Employee/Freelancer] at this organisation. I am filing this with the Local Committee because: (Choose one):

  • The organisation has fewer than 10 employees.
  • The complaint is against the employer themselves.

Details of the incident(s):

  • Date & Time: [e.g., 10th August 2026, approx 6:00 PM]
  • Location: [e.g., The office pantry / Over WhatsApp]
  • Description: [Describe what happened clearly. Use exact words if they said something inappropriate. Mention any witnesses or evidence like screenshots.]

Requested Action: I request the Committee to initiate an inquiry as per the procedure laid down in the POSH Act. I also request interim relief under Section 12 to ensure I do not have to interact with the accused during the inquiry.

Name: [Your Name] Phone: [Your Number] Date: [Today's Date]

2. RTI Script (If the LC info is missing)

If you can’t find the LC details on the district website, file this on rtionline.gov.in (select the State's WCD department or District Collectorate).

Information sought:

  1. Provide the names and designations of the current members of the Local Committee (LC) constituted under Section 6 and 7 of the POSH Act, 2013 for [Your District].
  2. Provide the official address and email ID where a woman can submit a complaint to the said Local Committee.
  3. Provide the date on which the current Local Committee was notified and the date its term expires.

3. Script for talking to the District Officer's Clerk

You: "Namaste, I need to submit a sexual harassment complaint to the Local Committee under the POSH Act." Clerk: "Go to the police station, this is a DM office." You: "I am filing this under the POSH Act, not just the BNS. Section 6 says the District Officer must have a Local Committee for small offices. If the committee isn't sitting today, please give me a 'Received' stamp on my copy of the complaint so I have proof of submission."

Frequently Asked Questions

1. Can I file a complaint if I am a male intern?

No. The POSH Act, 2013 is currently gender-specific and only protects women. However, check your internship contract or company policy; many modern startups have "Gender Neutral" harassment policies. If you are a man facing harassment, you may need to file a criminal complaint under the **Bharatiya Nyaya Sanhita (BNS)** for criminal intimidation or outraging modesty (if applicable).

2. What if the incident happened 4 months ago?

The legal limit is **3 months**. However, the LC has the power to extend this by another 3 months if you can show "sufficient cause" (e.g., you were unwell, or you were scared of losing your job). You must explain this delay in a separate letter attached to your complaint.

3. Do I need to pay a fee to the LC?

No. Filing a complaint with the LC is absolutely free. If anyone asks for a "processing fee," they are lying or asking for a bribe. You can report this to the Vigilance department or on the [PGPortal](https://pgportal.gov.in).

4. Can I bring my lawyer to the LC hearings?

Under **Rule 15** of the POSH Rules, neither you nor the accused can bring a legal practitioner (lawyer) to represent you during the inquiry. You can consult a lawyer outside to draft your papers, but inside the room, it's just you and the committee. This is to keep the process less intimidating.

5. How long will the whole thing take?

The law sets a strict clock: - The inquiry must be completed within **90 days**. - The LC must send the report to the District Officer within **10 days** of finishing. - The employer/District Officer must act on the recommendations within **60 days**.

6. What if the LC dismisses my case or I’m unhappy with the result?

You have the right to appeal. Under **Section 18**, you can file an appeal in a court or tribunal within **90 days** of the recommendation. Usually, this would be the industrial tribunal or labour court.

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How to file a POSH complaint with the Local Committee · HowToHelp