In most situations of sexual harassment, a lack of information and support lead to complainants not wanting to come forward. This article will help you understand the first step in the PoSH process of any company – writing a formal complaint.
First, it’s important to understand that your written complaint will be used in its exact form, without modifications, for the PoSH committee to better understand what you have experienced. Keeping this in mind, it needs to be written clearly, precisely and in an organised way.
That being said, it’s important to remember that the PoSH Committee will take up your complaint regardless of how it has been written. The law understands that it can be hard to recall facts in detail. Especially if it has been a while since the harassment occurred.
So, is there a format for a written complaint?
The PoSH law has not provided any format, keeping in mind the varied nature of sexual harassment. But there are a few things you can keep in mind which will help you structure your complaint effectively.
Build a timeline
This is a critical aspect of the PoSH inquiry process. If you can build a timeline of the events in your complaint document itself, it can help to expedite the inquiry process. If you are reporting multiple incidents, jot down the date and location of each incident serially, to the best of your ability. If you are reporting a single instance, try to recall if there’s anything that happened which you may have dismissed as a minor issue. Once you have a timeline ready, use it to structure your description.
Build context
Were you close to the respondent personally? Were you on the same team, working on the same floor? Did you meet first at an office party at a colleague’s home? It’s important to record the facts of how you and the respondent know each other in your complaint. This includes being in a relationship, being friends. It helps the PoSH committee to understand the context in which you and the respondent were interacting at the workplace. When they have all the facts, they will be able to understand the nature of sexual harassment and its impact on you better.
It’s important to note, however, that regardless of your relationship with the respondent, your complaint must be taken seriously. This is because it is a complaint of sexual harassment at the workplace.
Record impact
The law requires the PoSH committee to consider impact on the complainant, and not the respondent’s intentions. Keeping this in mind, ensure that you record how the instance of sexual harassment impacted you. This could be personally or professionally. This information also helps the PoSH committee understand the specific nature of sexual harassment that happened to you, and the way it affected you.
You can take assistance from a friend or trusted colleague to write the complaint. However, neither you nor the respondent can take legal assistance. Once the complaint is ready, you can email it to all or one committee member. Sometimes, your company may have a group email address for the PoSH committee that you can write to. Once you’ve sent your complaint, the PoSH committee should respond to you promptly.
A clear, precise and structured complaint can help the PoSH committee to address your concerns in a fair and timely manner.