Find a Lawyer · Employment
How to Find a Lawyer for A POSH (Sexual Harassment) Appeal in India
An Internal Committee under the POSH law has given its decision in a workplace sexual harassment case, and you, whether the woman who complained or the person held responsible, believe it got the facts, the process, or the penalty wrong. The honest answer is that the law gives a clear right of appeal, but it runs on a tight deadline, so acting quickly matters more here than in most employment disputes. This guide explains the appeal, the deadline, the right forum, realistic costs, free options, how to verify an advocate, and finally how Claw can connect you with the right lawyer.
- Both sides can appeal: complainant or respondent, against the Internal Committee decision or the action on it.
- Tight deadline: the appeal must generally be filed within 90 days; do not wait.
- Forum: the appellate authority, court, or tribunal under Section 18 of the POSH Act, 2013.
- Strong ground: a flawed or unfair inquiry process is often the strongest basis for an appeal.
- Verify the lawyer: ask for the State Bar Council enrolment number (Advocates Act, 1961, Section 22) and POSH experience.
- Free legal aid: a woman complainant and others who qualify can get free DLSA or NALSA aid.
01Your situation and the short answer
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, usually called the POSH Act, requires an Internal Committee (IC) at most workplaces, or a Local Committee for small establishments, to inquire into a complaint and recommend action. Both sides, the complainant and the respondent, can be unhappy with the outcome, and the law gives either a right to appeal the IC decision or the action taken on it.
The key point is time: the appeal must generally be filed within 90 days of the recommendation or decision. Miss it and your appeal can be rejected on the deadline alone, so this is one employment matter where you should not wait. An appeal can challenge the findings, the fairness of the inquiry, or a penalty such as a termination, withheld salary, or transfer. If the IC process itself was flawed, that is often the strongest ground.
Appeals go both ways
A woman who feels the IC wrongly cleared the respondent or gave too soft an outcome can appeal, and a respondent who feels wrongly held liable or punished can also appeal. The forum and deadline are the same; the arguments differ.
02The right forum and the right kind of lawyer
You want an advocate who handles POSH and employment matters specifically, because the law and the inquiry process are specialised. The appeal goes to the forum the law and the service rules point to.
| Stage | Where it goes | What it addresses |
|---|---|---|
| Original inquiry | Internal Committee or Local Committee | The complaint and recommendation |
| Appeal (within 90 days) | Appellate authority / court or tribunal under Section 18 | Challenge to the findings or the action |
| Process was unfair | Same appeal, on procedural grounds | Breach of natural justice or POSH procedure |
The appeal under Section 18 of the POSH Act lies to the authority named in the service rules, or in their absence to the court or tribunal the law provides. Because the inquiry is quasi-judicial, a specialised advocate will look first at whether the IC followed fair procedure, gave both sides a hearing, and kept to the law, and then at the substance. A good advocate tells you honestly whether the appeal has real grounds or not.
03How to verify the advocate is genuine
Keep three ideas separate: being listed on a website, being verified by a platform, and being legally entitled to practise. A listing is only data. Verification is a platform check. Entitlement to practise is what counts before any appellate authority or court.
An advocate is entitled to practise only after enrolment with a State Bar Council under the Advocates Act, 1961 (Section 22 covers the certificate of enrolment). Ask for the enrolment number and State Bar Council and confirm it with that Bar Council or the Bar Council of India. For a sensitive POSH matter, also ask whether the advocate has handled such appeals before, since the procedure is specialised.
04What it costs and the free options first
There is no government-fixed fee for an employment or POSH advocate in India. An appeal against an IC decision involves drafting on a tight timeline and arguing before an appellate forum, so the fee is usually higher than a simple notice, and varies by city, seniority, and how contested the matter is. Always confirm the exact fee before you start. Any court or tribunal fees are charged separately.
Check free routes first. A woman complainant, and others who qualify by income or category, can get free legal aid from the District Legal Services Authority (DLSA), State authorities and NALSA under the Legal Services Authorities Act, 1987. Note that a POSH appeal is a contested adjudication, so a Lok Adalat, which only settles matters both sides agree to compromise, is not the right forum for the appeal itself.
05Documents and what to ask before you hire
Have these ready for the advocate, and move fast because of the 90-day deadline:
- The IC or Local Committee report and the recommendation or decision you are appealing.
- The complaint, your reply or statement, and the record of the inquiry hearings.
- Any order acting on the decision, such as a termination letter, salary deduction, or transfer.
- The date you received the decision, which starts the appeal clock.
Ask the advocate: is my appeal within the 90-day limit, are the grounds procedural or on the merits, which forum do we file in, what is your fee, and what is a realistic timeline. A lawyer improves your chances but cannot promise the appeal will succeed.
06How Claw helps you find the right lawyer
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Claw Find a Lawyer uses that verification strength to help a member of the public reach the right advocate. You describe your POSH appeal and employment problem in a short guided chat, and Claw connects you with a verified, independent advocate who handles POSH and labour matters, in your state or city where possible, for an online or in-person consultation. Claw does not employ or empanel lawyers and is not a law firm; the advocate is independent.
Two ways in: a free basic request, or a Rs 99 priority request for faster matching, which matters when a 90-day appeal clock is running. The advocate professional fee is paid directly to that advocate; under Bar Council of India rules (Rule 36), Claw does not share it. Claw is a technology platform that helps you find and reach a lawyer, it is not your advocate, and this page is general information, not legal advice. Start at Claw Find a Lawyer.
About this guide
Published by the Claw team and last reviewed in 2026. It is general information about the process, not legal advice on your specific case.
07Frequently asked questions
Can I appeal an Internal Committee decision under the POSH Act?
Yes. The POSH Act, 2013 gives both the complainant and the respondent a right to appeal the Internal Committee decision or the action taken on it, under Section 18. The appeal must generally be filed within 90 days of the recommendation or decision, so acting quickly is essential, or the appeal can be rejected on the deadline alone.
What can an appeal challenge?
It can challenge the findings, the fairness of the inquiry, or the action taken, such as a termination, a salary deduction, or a transfer. Where the IC did not follow fair procedure, did not give both sides a proper hearing, or departed from the law, that procedural ground is often the strongest basis for an appeal. A specialised advocate will assess both the process and the merits.
Where is the appeal filed?
The appeal lies to the authority named in the applicable service rules, or in their absence to the court or tribunal the POSH Act provides, under Section 18. Because the inquiry is quasi-judicial, the forum and the procedure are specialised, which is why a lawyer who has handled POSH appeals is valuable. Confirm the correct forum before filing.
Is there free legal help for this?
A woman complainant, and others who qualify by income or category, can get free legal aid from the District or State Legal Services Authority and NALSA under the Legal Services Authorities Act, 1987. A Lok Adalat is not suitable for the appeal itself, because it only settles matters both sides agree to compromise, not a contested adjudication.
How do I check the lawyer is genuine and right for this?
Being listed on a website is not the same as being verified, and neither is the same as being entitled to practise. Ask for the advocate enrolment number and State Bar Council and confirm it under the Advocates Act, 1961 (Section 22). For a POSH appeal, also ask whether they have handled such matters, since the procedure is specialised.
What will a POSH appeal cost?
There is no government-fixed fee. An appeal involves drafting on a tight timeline and arguing before an appellate forum, so it usually costs more than a simple notice, varying by city, seniority, and how contested it is. Always confirm the exact fee before starting. Court or tribunal fees are separate, and free DLSA aid may be available if you qualify.