POSH Act in Odisha: Filing a Workplace Sexual Harassment Complaint
The Prevention of Sexual Harassment (POSH) Act requires every workplace with 10+ employees to have an Internal Complaints Committee, and gives victims a structured legal process to seek justice. Here is how to file a complaint in Odisha and what protections you have.
By Advocate Debarchana Samal · 22 July 2026 · 8 min read
What Is the POSH Act and Who Does It Protect?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — commonly called the POSH Act — was enacted to give women a safe, structured, and confidential process to report and seek justice for sexual harassment at work. It applies to every workplace in India, including private companies, government offices, hospitals, educational institutions, and even informal work settings. "Workplace" is interpreted broadly: it includes not just your office premises but also client sites, business travel, work-related social events, and virtual communication connected to your job. If you have experienced unwelcome sexual conduct at work in Odisha — from a colleague, senior, client, or vendor — the POSH Act gives you a clear legal pathway.
What Constitutes Sexual Harassment Under the Act
The Internal Complaints Committee (ICC) — Mandatory Requirement
Any organisation, office, or establishment in Odisha with 10 or more employees must constitute an Internal Complaints Committee. The ICC must be headed by a senior woman employee, include at least two employee members committed to the cause of women, and — critically — include one external member from an NGO or association familiar with sexual harassment issues, to prevent internal bias. If your employer has not formed an ICC despite having 10 or more employees, this itself is a violation of the law and can attract a monetary penalty, and repeated failure can lead to cancellation of business licences.
When You Need a Lawyer
You should speak to a lawyer promptly if:
Step-by-Step: Filing Your Complaint
Document the incident in detail
Note dates, times, locations, exactly what was said or done, and any witnesses, as soon as possible after each incident. Save messages, emails, or call logs that support your complaint.
Identify your workplace's ICC
Ask HR for the ICC's composition and contact point. Every workplace with 10+ employees is legally required to display this information.
Submit a written complaint within 3 months
File your complaint in writing to the ICC (or Local Complaints Committee if there is no ICC) within 3 months of the incident, or the last incident in a series. This can be extended by 3 more months if the Committee is satisfied there was valid reason for delay.
Participate in the inquiry
Cooperate with the ICC's inquiry process, providing your account, evidence, and witnesses. The ICC must complete the inquiry within 90 days of receiving the complaint.
Seek interim relief if needed
During the pendency of the inquiry, you can request interim measures such as transfer of either party, granting you leave, or restraining the respondent from any contact with you.
Escalate if the employer has no ICC or ignores the complaint
If your employer has no ICC or is not cooperating, approach the Local Complaints Committee constituted by the District Officer, and consider a parallel criminal complaint with police if the conduct also amounts to a criminal offence.
The Inquiry Process and Timeline
Once a complaint is filed, the ICC first attempts conciliation only if the complainant requests it — note that monetary settlement cannot be the basis of such conciliation. If conciliation is not sought or fails, the ICC proceeds with a formal inquiry, giving both parties a fair opportunity to present their case and evidence. The inquiry must be completed within 90 days. After the inquiry, the ICC submits its report to the employer within 10 days of completion, and the employer must act on the recommendations — which can include a written apology, warning, transfer, withholding of promotion or pay increase, termination, or a direction to pay compensation to the complainant — within 60 days.
Interim Relief Available During the Inquiry
Available to the Complainant
Includes: Transfer of complainant or respondent, grant of leave up to 3 months in addition to entitled leave, restraining respondent from contact
Granted at the ICC's discretion during the pendency of inquiry.
Protection Against Retaliation
Includes: Complaint cannot be grounds for adverse employment action against the complainant or witnesses
Retaliation itself can be separately reported and challenged.
If Your Employer Has No ICC or Ignores Your Complaint
Not every workplace complies with the law. If your employer has fewer than 10 employees, or has simply failed to constitute an ICC despite the requirement, you are not left without recourse. Every district in Odisha, including Cuttack, is required to have a Local Complaints Committee (LCC) constituted by the District Officer, which receives complaints directly from women in such workplaces, as well as complaints against the employer himself. Separately, since sexual harassment can also amount to a criminal offence, you retain the parallel option of filing a police complaint under the relevant provisions of the Bharatiya Nyaya Sanhita dealing with sexual harassment, assault, and outraging modesty — the ICC/LCC process and criminal prosecution can proceed simultaneously.
You are protected from retaliation. If you are demoted, sidelined, or terminated after filing a POSH complaint, this itself is unlawful and can be separately challenged. Document everything and consult a lawyer immediately if you notice any retaliatory behaviour.
Facing Workplace Harassment in Cuttack or Odisha?
Advocate Debarchana Samal assists women in Cuttack and across Odisha with filing POSH complaints, representing them before Internal and Local Complaints Committees, and pursuing parallel criminal action where necessary. Contact us for a confidential, supportive consultation.
Frequently Asked Questions
What counts as workplace sexual harassment under the POSH Act?
The POSH Act covers unwelcome physical contact, demand for sexual favours, sexually coloured remarks, showing pornography, and other unwelcome sexual conduct — physical, verbal, or non-verbal. It applies at the office, during travel, at work events, and even in work-related digital communication.
What if my workplace in Odisha does not have an Internal Complaints Committee?
Workplaces with 10+ employees must have an ICC. If yours does not, you can file directly with the Local Complaints Committee constituted by the District Officer. Failure to constitute an ICC is itself a punishable offence for the employer.
What is the time limit to file a POSH complaint in Odisha?
You must file within 3 months of the incident or the last incident in a series, extendable by another 3 months if the Committee accepts valid reasons for the delay.
Can I be fired or retaliated against for filing a POSH complaint?
No. The Act protects complainants and witnesses from retaliation. Adverse action after filing a complaint can be separately reported and can also support a wrongful termination or damages claim.
Can I file a criminal complaint in addition to a POSH complaint?
Yes. The ICC inquiry does not replace your right to file a criminal complaint with police for offences like outraging modesty or sexual assault. Both remedies can be pursued simultaneously.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.
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