Quick answer: No, not under the POSH Act. The 2013 Act lets an “aggrieved woman” file a complaint about sexual harassment at work, so a man cannot use it for harassment against himself. A man can still be the person complained against, a witness, or the complainant under an employer’s own gender-neutral policy, and other laws stay open to him.
What does the POSH Act say about who can complain?
The full name of the law tells you a lot: the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. It is Act No. 14 of 2013, enacted on 22 April 2013 and in force from 9 December 2013.
Section 2(a) defines an “aggrieved woman”. In relation to a workplace, it means a woman of any age, whether employed or not, who alleges sexual harassment by the respondent. Section 9(1) then says that “any aggrieved woman” may make a written complaint to the Internal Committee, or to the Local Committee where no Internal Committee has been constituted.
Section 3(1) uses the same terms: no woman shall be subjected to sexual harassment at any workplace.
So can a man file a POSH complaint at all?
Not as the person harassed. If a male employee says a colleague harassed him, the Internal Committee has no power under the Act to run a statutory inquiry on that complaint, because he is not an “aggrieved woman”.
There is one narrow route where a man may sign the complaint. Under Section 9(2), if the aggrieved woman cannot complain because of physical or mental incapacity, death or otherwise, “her legal heir or such other person as may be prescribed” may complain. A son or husband who is her legal heir could do this. The complaint is still about harassment of a woman.
What roles can a man have in a POSH case?
| Role in the process | Woman | Man | Where in the Act |
|---|---|---|---|
| Complain about harassment of herself or himself | Yes | No | s.2(a), s.9(1) |
| Complain on her behalf if she cannot | Yes | Yes, as legal heir or prescribed person | s.9(2) |
| Be the respondent (person complained against) | Yes | Yes | s.2(m) |
| Be summoned and examined as a witness | Yes | Yes | s.11(3)(a) |
| Appeal a recommendation | Yes | Yes, as “any person aggrieved” | s.18(1) |
Section 2(m) defines the respondent as “a person” against whom the aggrieved woman has complained. It does not say “a man”. In WPA 9141 of 2020, decided on 27 November 2020, the Calcutta High Court held that a woman’s complaint against another woman was maintainable under the Act. The court said sexual harassment “can be perpetrated by the members of any gender, even inter se.”
What if a man is falsely accused?
Section 14 deals with false or malicious complaints and false evidence. If the Committee concludes that a complaint was malicious, or made knowing it to be false, or backed by a forged or misleading document, it may recommend action against the complainant under the service rules that apply to her or him, or, where there are none, in the manner prescribed.
Two safeguards limit this:
- A mere inability to substantiate a complaint or provide adequate proof need not attract action against the complainant.
- Malicious intent must be established after an inquiry, under the prescribed procedure, before any action is recommended.
Section 14(2) adds that a witness who gives false evidence or produces a forged or misleading document can also face a recommendation for action.
A respondent also has procedural rights. Where both parties are employees, Section 11(1) says both must get an opportunity of being heard and a copy of the findings, so they can make a representation before the Committee. Section 18 lets any person aggrieved by a recommendation appeal within 90 days.
What time limits apply once a complaint is filed?
| Step | Time limit | Section |
|---|---|---|
| Complaint by the aggrieved woman | Within 3 months of the incident, or of the last incident in a series; extendable by up to 3 months for reasons recorded in writing | s.9(1) |
| Inquiry completed | Within 90 days | s.11(4) |
| Inquiry report to the employer or District Officer | Within 10 days of completing the inquiry | s.13(1) |
| Employer or District Officer acts on the recommendation | Within 60 days of receiving it | s.13(4) |
| Appeal against the recommendation | Within 90 days of the recommendation | s.18(2) |
An employer that fails to constitute an Internal Committee, or to act under Sections 13, 14 and 22, can be fined up to ₹50,000 under Section 26(1).
Have courts been asked to make the law gender-neutral?
Yes, at least once in a related setting. On 7 November 2023, in Miscellaneous Application No. 2308 of 2023 in W.P.(C) No. 162 of 2013, the Supreme Court was asked to direct changes to its own 2013 Regulations on sexual harassment at the Supreme Court, including replacing “aggrieved woman” with “aggrieved persons”.
The Court said it would be inappropriate to direct those amendments, “as otherwise the whole purpose and object of the said Regulations would be diluted and denuded of its effect.” The application was dismissed as withdrawn. That order was about the Court’s own Regulations, not the Act, and the plea centred on LGBTQIA+ persons. The Court noted that a court will not direct a legislature or a rule-making body to make a law on a subject in a particular way, so a change of this kind rests with the law-makers.
What options does a man have if he is harassed at work?
The Act is not the only door. Section 28 says the Act is in addition to, and not in derogation of, any other law in force. Depending on the facts, a man can look at:
- The employer’s own policy, if it is written to cover people of every gender.
- The company’s code of conduct, disciplinary rules or grievance procedure.
- Remedies under other laws, with advice from a lawyer on which one fits.
A worked example (hypothetical). A male team lead tells HR a senior colleague keeps sending him sexual messages. The Internal Committee cannot treat this as a Section 9 complaint, but a policy covering every gender can let it inquire under that policy. The case is not counted as “filed under this Act” in the Section 22 annual report.
How should an employer write a policy that also covers men?
The Act does not require a gender-neutral policy, but many employers choose one. If you do, a few design points keep the statutory process clean:
- Say clearly which complaints are under the Act and which are under the company policy.
- Keep the Act’s time limits and steps for complaints by women; do not dilute them to fit a wider policy.
- Record policy-only cases separately, since Section 22 asks for the number of cases filed and disposed of under the Act.
- Apply the same confidentiality to every case; Section 16 already bars publishing details of complaints under the Act.
These are good-practice suggestions, not legal requirements.
Frequently asked questions
Not about harassment of himself. Section 9(1) lets “any aggrieved woman” complain, and Section 2(a) defines that term as a woman. A man can complain under an employer’s own gender-neutral policy, through the code of conduct, or under other laws that apply to his facts.
Yes. Section 2(m) defines the respondent as “a person” against whom the aggrieved woman complained. In WPA 9141 of 2020, the Calcutta High Court held a woman’s complaint against another woman maintainable, saying harassment can be perpetrated by members of any gender, even inter se.
Only in the situation in Section 9(2). If the aggrieved woman cannot complain because of physical or mental incapacity, death or otherwise, her legal heir or such other person as may be prescribed may complain. Otherwise the complaint must come from her.
Section 14 lets the Committee recommend action for a malicious or knowingly false complaint, or a forged or misleading document. Malicious intent must be established after an inquiry, and a mere inability to prove a complaint need not attract action. Any person aggrieved can appeal within 90 days.
No. The Act protects women and does not require a gender-neutral policy. An employer may choose to cover every gender in its own policy, but it should keep complaints under the Act on the statutory track, with its time limits and reporting.
Yes. Under Section 11(3)(a), the Committee has the powers of a civil court to summon any person and examine them on oath. A witness of any gender who gives false evidence or produces a forged or misleading document can face a recommendation for action under Section 14(2).
Set up a committee that handles every complaint properly
Whatever track a complaint takes, your Internal Committee needs a clear process. Start with the POSH compliance plan from Manas, take the free 2-minute Internal Committee check, or read the POSH FAQ for more answers. Manas can provide the External Member for your committee: Dr. Priya Dubey Sharma, Founder & Consulting Psychologist.
Sources
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (India Code)
- Supreme Court of India, order of 7 November 2023, MA 2308/2023 in W.P.(C) 162/2013
- SCC Online: Calcutta High Court, WPA 9141 of 2020, same-gender complaints
- LiveLaw: Same-gender sexual harassment complaints maintainable under POSH Act
Plain-language guides to POSH compliance for Indian employers, based on the Act, the Rules and court rulings. POSH compliance at Manas Center is led by Dr. Priya Dubey Sharma, Founder & Consulting Psychologist, as External Member.
