Original statutory wording · G.S.R. 769(E)
Official Rule Text
For the purpose of sub-section (2) of Section 9,—
(i) where the aggrieved woman is unable to make a complaint on account of her physical incapacity, a complaint may be filed by—
(a) her relative or friend; or
(b) her co-worker; or
(c) an officer of the National Commission for Women or State Women’s Commission; or
(d) any person who has knowledge of the incident, with the written consent of the aggrieved woman;
(ii) where the aggrieved woman is unable to make a complaint on account of her mental incapacity, a complaint may be filed by—
(a) her relative of friend; or
(b) a special educator; or
(c) a qualified psychiatrist or psychologist; or
(d) the guardian or authority under whose care she is receiving treatment or care; or
(e) any person who has knowledge of the incident jointly with her relative or friend or a special educator or qualified psychiatrist or psychologist, or guardian or authority under whose care she is receiving treatment or care;
(iii) where the aggrieved woman for any other reason is unable to make a complaint, a complaint may be filed by any person who has knowledge of the incident, with her written consent;
(iv) where the aggrieved woman is dead, a complaint may be filed by any person who has knowledge of the incident, with the written consent of her legal heir.
Original Central Rules: G.S.R. 769(E), 9 December 2013. Ministry of Women and Child Development, Government of India. Source version: G.S.R. 769(E), dated 9 December 2013; Gazette of India, Part II, Section 3(i); English text, Gazette pages 4–6 (PDF pages 1–3 of the Ministry extract).
Ministry Gazette copy (PDF) · Government-hosted comparison copy (PDF)
Heading separators, line wrapping and indentation are adapted for screen reading. Source-printing anomalies are preserved and identified in separate PIH transcription notes; those notes are not part of the statutory text.
Official wording and PIH editorial explanation are separate layers. This reference provides general legal information; a particular employment relationship, complaint or inquiry may require qualified advice.
PIH transcription notes — separate from statutory text
Rule 6(ii)(a) is printed as ‘her relative of friend; or’ in the Ministry Gazette scan. The statutory text preserves ‘of’. Rule 6(i)(a) and Rule 6(ii)(e) use ‘relative or friend’; those neighbouring phrases are identified for comparison, not as an official correction or a resolution of the legal construction of clause (ii)(a).
PIH editorial guidance · separate from statutory text
Plain-English Explanation
Section 9(2) provides for specified persons to make a complaint where the aggrieved woman cannot do so herself. Rule 6 sets out four different circumstances; it is not a general permission for anyone to file on another person’s behalf.
Physical incapacity — Rule 6(i): the listed persons are her relative or friend, her co-worker, an officer of the National Commission for Women or State Women’s Commission, or a person who knows of the incident and has her written consent. The express written-consent wording appears in the last of those categories; the category being relied upon matters.
Mental incapacity — Rule 6(ii): clause (a) contains the printed wording ‘her relative of friend’, addressed in the transcription note. The other named categories are a special educator, a qualified psychiatrist or psychologist, and the guardian or authority under whose care she is receiving treatment or care. A person who knows of the incident may also act jointly with a relative or friend, special educator, qualified psychiatrist or psychologist, or the stated guardian or care authority under clause (e). The jointly acting arrangement is a distinct condition.
Other inability — Rule 6(iii): where another reason prevents her from making a complaint, a person who knows of the incident may file with her written consent.
Death — Rule 6(iv): a person who knows of the incident may file with the written consent of her legal heir. This is a different consent provision from the aggrieved woman’s own written consent under the other relevant limbs.
These provisions do not replace the ordinary Section 9 route for a woman making her own complaint. Section 9’s complaint framework, including its time-limit and extension provisions where applicable, must be read separately; Rule 6 does not itself create a new filing period.
Practical Significance
The reason she cannot complain, the proposed filer’s statutory category and any required consent or joint action must be considered together. Those conditions cannot be inferred from a visitor’s answers to an online questionnaire.
Scope, Conditions and Safeguards
- Physical incapacity, mental incapacity, other inability and death have separate filing arrangements and should not be merged.
- The jointly acting person in Rule 6(ii)(e) must have knowledge of the incident and act with one of the supporters identified in that clause.
- This Explorer does not assess incapacity, collect medical information or receive statutory complaints. Assistance pathways are separate from filing with the competent statutory body.
Related POSH Act Provisions
- Act Section 9 — Section 9(2): prescribed filing arrangements where the aggrieved woman cannot complain herself
Related Rules
Professional Guidance
For a particular matter, seek qualified professional or official guidance. Do not submit complaint details or medical information through this reference.
Explore assistance pathways. PIH is a separate assistance pathway, not a statutory complaint-filing forum.