Summary: Under the PoSH (Prevention of Sexual Harassment) Act, an “aggrieved woman” is defined as any woman who believes she has experienced sexual harassment in the workplace. This definition is broad and includes not just permanent employees but also contractual workers, interns, consultants, daily wage laborers, and even visitors. The law prioritizes the woman’s personal experience and dignity over her professional designation or employment status. For a complaint to be filed, the aggrieved woman must submit a written report to the company’s Internal Committee (IC) within three months of the incident, with the option for assistance in drafting the complaint. The IC is then responsible for conducting a confidential investigation within 90 days. The law strictly prohibits any form of retaliation against the complainant and also provides an option to approach a Local Committee if the workplace lacks an IC.
A Conversation on Rights and Redressal under POSH Act, 2013
An aggrieved woman is any woman who believes she has faced sexual harassment at the workplace, including:
- Permanent employees
- Contractual workers
- Interns and trainees
- Consultants and part-time staff
- Daily wagers
- Visitors or external partners
The PoSH Act focuses on the woman’s experience and dignity, irrespective of her designation, position, or employment type.
It was a breezy afternoon when Nidhi, a young professional who had recently joined her first corporate job, sat with her senior colleague, Rita, over coffee in the office pantry.
Nidhi looked a little troubled. “Rita, can I ask you something? I overheard someone talking about being an ‘aggrieved woman’ under the PoSH Act. I don’t quite understand what that means or what someone in that position should do.”
Rita smiled gently, sensing the curiosity behind Nidhi’s question. “I’m glad you asked. It’s important for every woman to know this, whether or not she ever faces such a situation.”
“Think of an ‘aggrieved woman’ as any woman who believes she has been subjected to sexual harassment at the workplace,” Rita began, stirring her tea thoughtfully.
“This includes full-time employees, interns, consultants, and even visitors — whether permanent, temporary, ad hoc, or working on a daily wage basis. What matters is that she feels harassed or unsafe in a work-related environment.”
Nidhi nodded, “So, it’s about her experience, not just her designation?”
“Exactly,” Rita replied. “The law recognizes the woman’s perspective — if her dignity is affected, she is considered an aggrieved woman.”
Nidhi leaned in, “And what should she do next? Is it a complicated process?”
Rita shook her head. “Not really. Here’s how it goes:”
1.Write a Complaint
“The aggrieved woman needs to write down her complaint, describing what happened, when, and where. Specific details help — dates, locations, names if possible.”
2. Submit to the Internal Committee (IC)
“Every organization with ten or more employees should have an Internal Committee. She needs to submit her written complaint to them within 3 months of the incident— though this can be extended if there were special circumstances preventing her earlier.”
3. Include Supporting Evidence or Witnesses
“If she has any — emails, chats, or witnesses — she can include them, but lack of evidence doesn’t mean her voice won’t be heard.”
4. Assistance in Writing
Nidhi interrupted, “What if she’s too shaken to write it herself?”
“Good question,” Rita said. “She can ask the IC members for help. They’re bound to assist her.”
5. Investigation and Resolution
“Once the complaint is received, the IC conducts an inquiry. Both the complainant and the respondent get a fair chance to present their side. The committee must finish the investigation within 90 days.”
6. Confidentiality
“And remember, Nidhi,” Rita added seriously, “the law ensures strict confidentiality. No gossip, no disclosure.”
Nidhi sipped her coffee slowly. “That’s reassuring. But what if she’s afraid of retaliation?”
Rita placed a comforting hand on her shoulder. “That’s why we have this law — to protect her. Retaliation, victimization, or termination for filing a complaint is strictly prohibited. She has the right to work in a safe and dignified environment.”
“And if she doesn’t feel safe going to the IC?”
“She can approach the Local Committee set up by the district officer,” Rita explained. “That’s the external body for places where no IC exists.”
As their break ended, Nidhi felt lighter and more informed. “Thank you, Rita. I hope I never have to face this, but at least now I know I — or anyone — won’t be powerless if something goes wrong.”
*****
Rita smiled, “That’s the spirit. Awareness is the first step to empowerment.”
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