Sexual Harassment at the Workplace (POSH) in India
Reviewed by the Commoner Law Editorial Team. Sourced from Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions. State-level information reflects each state's own Acts and High Court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
The POSH Act, 2013 was passed only after the Supreme Court ran out of patience. In 1997, after a Rajasthan social worker named Bhanwari Devi was gang-raped for trying to stop a child marriage, the Court issued the Vishaka guidelines — a binding workplace harassment framework, on the theory that Parliament had failed to act. Those guidelines were the law for sixteen years until POSH finally codified them.
- What counts as sexual harassment: unwelcome physical contact, sexual advances, requests for sexual favours, sexually coloured remarks, showing pornography. The definition is broad on purpose.
- Internal Committee (IC): mandatory in every workplace with 10 or more employees. The IC must be majority-women and must include an external member from an NGO or legal background — that external member is the safeguard against in-house cover-up.
- Local Committee (LC): for workplaces with fewer than 10 employees, or where the complaint is against the employer themselves, a Local Committee constituted by the District Officer steps in.
- Time limit: file within three months of the incident, extendable by another three months for good reason.
- Penalties on the employer: up to ₹50,000 for the first non-compliance; repeated offences can cost the company its trade licence.
When does it apply?
- You are a woman — permanent, temporary, contract, domestic worker or daily wager — who has experienced sexual harassment at the workplace or in connection with work.
- The incident took place at the workplace, at a work-related event, or on a commute arranged by the employer. Coverage extends well past the office gate.
- You want to file against a colleague, a supervisor, or the employer.
What to Do If You Experience Sexual Harassment at Your Workplace in India
- File a written complaint with the IC (or LC) within three months. Once filed, the IC has 90 days to complete the inquiry — a tight statutory window.
- You can request interim relief while the inquiry runs: transfer, leave, suspension of the respondent, or restraining the respondent from reporting on your performance.
- If your workplace has no IC, or the IC refuses to act, take the complaint to the District Officer (usually the District Collector or Magistrate) who runs the Local Committee.
- The Act has a false-complaint provision, but the burden of proving malice is deliberately high. A complaint that fails on evidence is not the same as a false complaint.
- You can also file a parallel criminal complaint under the Bharatiya Nyaya Sanhita, 2023 (stalking, assault, outraging modesty) — the criminal track and the POSH inquiry can run independently.
What should you NOT do?
- Do not let three months slip without filing or recording why. Late complaints can be admitted, but only when the reason for delay is on record.
- Do not let the employer push you into a quiet private settlement. The IC inquiry is statutory — the employer cannot legally bypass it, and any "NDA-style" settlement that buries the complaint is unenforceable on that point.
- Do not stay silent out of fear of retaliation. Dismissal or discrimination against a complainant is itself a punishable offence under POSH.
Use the jurisdiction bar at the top of the page to pick your state — you'll see how state law differs from Indian central law.
8 states available
Common Questions
When does sexual harassment at the workplace (posh) apply?
You are a woman — permanent, temporary, contract, domestic worker or daily wager — who has experienced sexual harassment at the workplace or in connection with work.The incident took place at the workplace, at a work-related event, or on a commute arranged by the employer. Coverage extends well past the office gate.You want to file against a colleague, a supervisor, or the employer.
What should I do if I am being sexually harassed at my workplace in India?
File a written complaint with the IC (or LC) within three months. Once filed, the IC has 90 days to complete the inquiry — a tight statutory window.You can request interim relief while the inquiry runs: transfer, leave, suspension of the respondent, or restraining the respondent from reporting on your performance.If your workplace has no IC, or the IC refuses to act, take the complaint to the District Officer (usually the District Collector or Magistrate) who runs the Local Committee.The Act has a false-complaint provision, but the burden of proving malice is deliberately high. A complaint tha...
What mistakes should I avoid with sexual harassment at the workplace (posh)?
Do not let three months slip without filing or recording why. Late complaints can be admitted, but only when the reason for delay is on record.Do not let the employer push you into a quiet private settlement. The IC inquiry is statutory — the employer cannot legally bypass it, and any "NDA-style" settlement that buries the complaint is unenforceable on that point.Do not stay silent out of fear of retaliation. Dismissal or discrimination against a complainant is itself a punishable offence under POSH.
Sexual Harassment at the Workplace (POSH) in other states
Same topic, different jurisdiction. Pick the one that applies to you.
- MaharashtraSexual Harassment at the Workplace (POSH)
- Uttar PradeshSexual Harassment at the Workplace (POSH)
- Tamil NaduSexual Harassment at the Workplace (POSH)
- KarnatakaSexual Harassment at the Workplace (POSH)
- West BengalSexual Harassment at the Workplace (POSH)
- DelhiSexual Harassment at the Workplace (POSH)
- KeralaSexual Harassment at the Workplace (POSH)
- GujaratSexual Harassment at the Workplace (POSH)