One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: The POSH Act requires permanent confidentiality regarding the complaint, inquiry details, and identities of parties — no expiry date exists in the law itself. An NDA you signed may add restrictions, but it cannot stop you from reporting a crime or speaking to authorities. Discussing specifics online, including naming parties, likely breaches the Act and could invite legal action from your university or employer.
In late March 2024, a postgraduate student named Meera Kapoor approached the Chamber of Advocate Sudhir Rao after being sexually harassed by a senior faculty member at her university in Pune. The university's Internal Complaints Committee found the allegations substantiated and imposed a penalty. Yet Meera felt the punishment was too lenient.
She had also signed a confidentiality undertaking as part of the settlement. But the harasser, she discovered, had a history of similar conduct toward other students. The urge to warn others was strong. So she posted a comment on a social media thread — not naming anyone — and received a warning from the university's legal cell.
Confused and scared, Meera wanted clarity. Could she talk about her experience? Did the NDA have a time limit? The office of Advocate Sudhir Rao reviewed her case, and argued that while the POSH Act imposes permanent confidentiality, there are limited exceptions — like reporting to police or seeking mental health support. Advocate Sudhir Rao's domain knowledge in this niche area helped secure a clear legal opinion that prevented further risk while preserving her voice where legally permitted.
Key Facts of the Case
- Meera Kapoor, a student at a university in Pune, filed a sexual harassment complaint under the POSH Act, 2013.
- The Internal Committee found the allegations substantiated and imposed a penalty against the faculty member.
- Meera signed a confidentiality undertaking — essentially an NDA — as part of the resolution process.
- She posted a general comment online about the incident without naming anyone and received a warning from the university.
- The POSH Act mandates confidentiality regarding the complaint, inquiry, identities, and recommendations without any sunset period.
- The NDA she signed did not specify a definite duration, creating ambiguity.
- The Chamber of Advocate Sudhir Rao advised that while the Act imposes permanent confidentiality for inquiry details, Meera could speak to law enforcement, a counsellor, or her attorney without breaching it.
The Direct Legal Answer
How long does a POSH NDA last?
The POSH Act itself does not specify any expiry for confidentiality. Under Section 16 of the Act, the contents of the complaint, the identity of the parties, witnesses, and the recommendations of the IC must be kept confidential — permanently. There is no time limit written into the law. An NDA you signed may have its own terms, but unless it explicitly states a shorter duration, the obligation likely continues indefinitely.
Can I talk about POSH proceedings online?
Not freely. The Act prohibits disclosing the identity of the complainant, respondent, or witnesses, as well as any details of the inquiry or the IC's recommendations. Posting about the proceedings online — even without naming names — can be risky if the context identifies someone. The safer route: speak only about your own general experience, avoid any specifics of the inquiry, and never name the parties involved. And here's the thing — if you file an FIR with the police, that criminal proceeding is public, and you can discuss it. But the POSH process remains confidential separately.
What if the NDA doesn't mention a time limit?
If your NDA is silent on duration, courts in India generally interpret confidentiality obligations as continuing indefinitely unless terminated by mutual agreement or by operation of law. You cannot unilaterally decide the NDA has expired. The university's warning is legally plausible — they can enforce the NDA if they believe you've breached it.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Second, review the exact wording of your NDA and the IC's order with your lawyer. The restrictions may be narrower than you fear. Third, if you want to warn others, consider reporting to the police or the university's higher authorities — those channels are protected. Posting on social media is the least safe option. This type of matter requires advocates with specific experience in POSH law and confidentiality agreements; general practitioners often miss the subtle interplay between the Act, an NDA, and fundamental rights like free speech.
Applicable Sections of Law
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — Section 16 (confidentiality), Section 4 (constitution of Internal Committee).
- The Indian Contract Act, 1872 — Sections 10 and 23 (validity of NDA terms; an NDA cannot override statutory obligations or public policy).
- Article 19(1)(a) of the Constitution of India — freedom of speech and expression, which is subject to reasonable restrictions, including confidentiality imposed by statute.
- Section 509 of the Bharatiya Nyaya Sanhita, 2023 (replacing IPC Section 509) — word, gesture or act intended to insult the modesty of a woman, if applicable to the underlying harassment.
Jurisdiction — Where to File the Case
POSH complaints are filed with the Internal Committee (IC) of the organisation or university where the harassment occurred. If the IC is not constituted or is dysfunctional, you can approach the Local Committee (LC) under the District Officer. Criminal complaints (FIR) for sexual harassment are filed at the police station within whose territorial jurisdiction the incident took place. For civil remedies or to challenge an NDA, the jurisdictional civil court or High Court (under writ jurisdiction) may entertain the matter depending on the relief sought. Jurisdiction matters because filing in the wrong forum can delay or derail your case entirely.
If You Are the Victim
- Document everything — each incident, date, time, witnesses, and any communication (emails, messages, call logs).
- Do not post details online until you get a clear legal opinion — one post can trigger a breach proceeding against you.
- File a complaint with the Internal Committee without delay; the POSH Act requires it to be disposed of within 90 days.
- Separately, file an FIR with the police if the conduct amounts to a criminal offence like assault or criminal intimidation — that gives you a public record.
- Seek counselling or mental health support; the process is emotionally draining, and you are not required to suffer in silence alone.
Documents You Must Keep Ready
- Copy of the NDA or confidentiality undertaking you signed.
- The complaint you submitted to the Internal Committee.
- The IC's order or recommendation (if issued).
- Any correspondence (emails, WhatsApp messages, letters) with the university or employer regarding the matter.
- Identity proof: Aadhaar, PAN, or college ID.
- Medical reports (if any) from a counsellor or doctor.
- Evidence of the harassment — screenshots, photos, audio/video recordings if legally obtained.
What Evidence Is Required?
- Primary evidence: your own testimony, and if available, direct records like video footage or audio recordings of the harassment.
- Secondary evidence: emails, WhatsApp or text messages, call logs, social media posts, witness statements (even from those who only heard about the harassment).
- Documentary evidence: the NDA, the complaint form, the IC's order, any warning letters from the university.
- Circumstantial evidence: patterns of behaviour, prior complaints by others, testimony of other students who faced similar conduct.
- Expert evidence: in some cases, a counsellor or psychologist's report can help establish the impact of the harassment.
How Courts Typically Approach Such Cases
Courts treat POSH confidentiality seriously. They have held that the Act's confidentiality requirement is not merely procedural — it protects the dignity and privacy of both complainant and respondent. However, courts also recognise that an NDA cannot be used to prevent a victim from reporting a crime or seeking legal redress. In practice, judges scrutinise the NDA's terms carefully. If the NDA is ambiguous or appears to silence a victim beyond what the law requires, courts may lean against enforcing it fully. But do not assume a court will side with you — you must present a strong legal argument through a lawyer.
Timeline of Legal Process
- Stage 1 — Internal Complaint: File with IC. IC must complete inquiry within 90 days from receipt of complaint.
- Stage 2 — IC Order: IC issues recommendations within 10 days of completing inquiry. Appeal to the employer or university within 30 days.
- Stage 3 — Criminal FIR (if applicable): Police investigation can take 1 to 6 months depending on complexity.
- Stage 4 — Civil / Writ Challenge: If disputing the NDA or IC order, file a writ petition in High Court. This can take 6 to 18 months for a final hearing.
- Stage 5 — Appeal / Execution: If either party appeals, expect another 6 to 12 months in the appellate forum.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes. POSH matters are not criminal per se (unless a parallel FIR is filed), and the IC process itself is a quasi-judicial one that encourages resolution. The Internal Committee may facilitate a settlement where both parties agree — provided it does not involve an unfair compromise of the victim's rights. Outside the IC, parties can explore mediation, though the confidentiality of the POSH process must be maintained. If a criminal FIR is filed, the matter may be referred to mediation or Lok Adalat only if the offence is compoundable under the law. Settlement is often advisable when it brings closure without further trauma — but never settle without independent legal advice first.
Common Mistakes People Make
- Posting details online or speaking publicly about the complaint, inquiry, or identities — this is the fastest way to invite a breach of confidentiality claim.
- Engaging a lawyer without domain experience in POSH law and confidentiality agreements. This area has unique procedural and evidentiary nuances that a general practitioner may not fully grasp — which can weaken your position.
- Not reading the NDA or undertaking carefully before signing. Many victims sign under pressure and later discover broad restrictions.
- Ignoring the IC's order or the NDA and assuming the law will automatically protect you. Courts enforce confidentiality strictly unless you prove an exception.
- Failing to preserve evidence. If you delete messages or emails, you lose crucial proof of the harassment and the context of the NDA.
FAQs People Normally Have
Can I tell my family or therapist about the POSH complaint?
Generally, yes — disclosure to a lawyer, a counsellor, or immediate family for emotional support is not considered a breach of confidentiality, provided you do not share detailed inquiry documents or identify parties indiscriminately. However, the safest approach is to ask your lawyer what is permissible.
Does the NDA expire after I leave the university or job?
Not automatically. Most NDAs survive termination of employment or student status. Unless the NDA itself says it ends, the obligation continues. Courts will look at the language of the document.
Can the university force me to delete social media posts?
If the posts breach the NDA or the POSH Act's confidentiality provisions, and if the university has a legal basis (the NDA or a court order), yes. They can also approach a civil court for an injunction requiring you to remove the content. Do not ignore a formal takedown notice.
What if I named the harasser but not the university?
Under the POSH Act, disclosing the identity of the respondent (the harasser) is itself a breach, regardless of whether the institution is named. The prohibition covers the identity of all parties — complainant, respondent, and witnesses.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India