Ch. IV · Complaint
- Official source
- India Code, Ministry of Law and Justice, Government of India
- Source version
- India Code PDF — last updated 31 August 2021
- Source location
- India Code PDF, pp. 3–14
- Retrieved
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Chapter IV
Chapter IV
Complaint
Who can complain, the complaint window, and when conciliation can happen.
Sections in this chapter
Complaint of sexual harassment
The aggrieved woman must file a written complaint within three months of the incident, or within three months of the last incident if there is a series of incidents.
Conciliation
Before starting a formal inquiry, the committee may attempt conciliation — but only if the aggrieved woman requests it. The committee cannot initiate conciliation on its own.
Inquiry into complaint
If the respondent is an employee, the committee must conduct a formal inquiry. The inquiry follows applicable service rules first; if none exist, it follows the prescribed procedure.
About This Chapter
More About Chapter IV
Chapter IV sets out the complaint mechanism. The aggrieved woman may make a written complaint within three months from the incident, or from the last incident in a series.
The committee can extend the period by up to three more months for recorded reasons, and others may complain on her behalf in cases of incapacity or death. Before starting an inquiry, the committee may attempt conciliation only at the aggrieved woman's request.
Conciliation is optional, complainant-led, and tightly constrained. Monetary settlement cannot be the basis of conciliation, and any settlement must be recorded, shared with both parties, and followed by no further inquiry by the Committee.
Key Stakeholders
Themes