Complaint to Internal Committee under POSH Act, 2013

Introduction

Vishaka guidelines (1997) became statute in 2013 with the POSH Act. Every employer with ten or more employees must constitute an Internal Committee. The complaint is the foundation of the inquiry — once filed, the IC's investigation is constrained by what the complaint pleads. Drafting must therefore exhaust every incident, map it to the statutory definition, and front-load the interim reliefs the complainant needs to continue working safely.

When to Use This Prompt

• Incidents fall within Section 2(n) — physical contact, demand for sexual favours, sexually coloured remarks, pornography, or other unwelcome conduct.
• Complainant is an 'aggrieved woman' at the workplace as defined in Section 2(a) and (o).
• Complaint is within 3 months of the last incident, extendable by 3 months for sufficient cause (Section 9(1) proviso).
• Internal Committee is properly constituted under Section 4.

Statutory & Case-Law Backdrop

Section 2(n) — definition of sexual harassment. Section 2(o) — workplace definition includes extended workplaces. Section 4 — constitution of IC. Section 9 — complaint. Section 10 — conciliation. Section 11 — inquiry. Section 12 — interim reliefs. Section 13 — inquiry report and recommendations. Section 16 — confidentiality. Vishaka v. State of Rajasthan (1997) 6 SCC 241 — foundational.

The Prompt

Paste into ChatGPT, Claude or Gemini. Replace every bracketed placeholder with your specific facts before generating.

Draft a written complaint under Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 before the Internal Committee of [EMPLOYER] by [COMPLAINANT] against [RESPONDENT] in respect of acts of sexual harassment that took place between [START DATE] and [END DATE].

Inputs:
- Working relationship between complainant and respondent: [REPORTING / PEER / OTHER]
- Specific incidents with date, time, place and witnesses (if any): [DETAILS]
- Documentary evidence: [MESSAGES, EMAILS, CCTV REQUESTS]
- Impact on complainant: [HEALTH, WORK]
- Interim reliefs sought under Section 12: [TRANSFER, LEAVE, NO-CONTACT ORDER]

Structure: heading, complainant and respondent details, working context, chronology of incidents in numbered paragraphs, definition mapping (Section 2(n) and 3(2)), interim reliefs (Section 12), final reliefs (Section 13), list of documents, declaration of confidentiality and that complaint is true to knowledge.

Anatomy of the Draft

Why the prompt is built the way it is — section by section.

Common Mistakes to Avoid

• ×Filing beyond 3 months without seeking extension with reasons.
• ×Bundling incidents into a single paragraph without dates.
• ×Failing to seek interim reliefs at the time of filing.
• ×Not preserving original electronic evidence — screenshots without metadata are weak.

Frequently Asked Questions

Final Thoughts

A POSH complaint sets the boundaries of the inquiry. Plead every incident, map every limb of Section 2(n), and claim every interim relief — silence on any of these is later read against the complainant.