Ch. VIII · §28
Chapter VIII
Miscellaneous
Section
Chapter VIII · Miscellaneous
Section 28
Act not in derogation of any other law
Temporary structural and explanatory content only; it is not a verbatim reproduction. Complete statutory text and legal commentary will be integrated after separate legal verification.
Plain Language
The POSH Act adds remedies and duties on top of existing law — it does not cancel, replace, or diminish any other civil, criminal, service-rule, or labour-law options.
This is a savings clause. It ensures that the Act operates alongside other legal frameworks rather than conflicting with them.
An aggrieved woman can pursue remedies under the POSH Act and simultaneously invoke other legal remedies available to her.
Why It Matters
Without this savings clause, there could be arguments that the POSH Act displaces other remedies — this section closes that argument.
Employers must design compliance processes that account for multiple legal frameworks operating simultaneously: POSH, service rules, labour law, and criminal law.
For employees, this means a POSH complaint does not prevent pursuing criminal charges, civil claims, or labour-law remedies where applicable.
Practical Example
Scenario: An aggrieved woman files a complaint with the Internal Committee and also wants to file a criminal complaint under the Indian Penal Code for the same conduct.
Outcome: Section 28 preserves her right to do both. The POSH process and the criminal process operate independently.
Scenario: An employer's service rules contain a sexual-harassment misconduct provision that is more detailed than the POSH Act's requirements.
Outcome: Both frameworks apply. The employer must comply with the POSH Act and its own service rules — the more stringent standard prevails in practice.
Who Must Act
employer
- Map POSH processes with disciplinary rules, labour obligations, and criminal-law escalation paths.
- Ensure the POSH policy does not inadvertently limit employees' access to other legal remedies.
employee
- A POSH complaint does not prevent you from invoking other legal remedies where available.
ic member
- Understand that the committee's inquiry operates alongside, not in place of, other legal processes.
Common Mistakes
Assuming that filing a POSH complaint bars the aggrieved woman from pursuing criminal or civil remedies — it does not.
Designing POSH policies that require employees to choose between the POSH process and other legal remedies — this conflicts with Section 28.
Treating the POSH inquiry as a substitute for service-rule disciplinary proceedings — both may apply.
Source & Status
This page contains temporary structural and explanatory content, not a verbatim reproduction of the Act.
Source: Ministry of Law and Justice, Government of India
Publication status: Temporary content pending separate legal verification