Sexual Harassment at the Workplace (POSH)
Written in plain language to promote general understanding. This is educational information, not legal advice. Based on Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions.
Indian Central Law
What is this right?
The POSH Act, 2013 provides every woman employee the right to work in an environment free from sexual harassment.
- Definition of sexual harassment includes unwelcome physical contact, sexual advances, requests for sexual favours, sexually coloured remarks, and showing pornography.
- Internal Committee (IC): Every employer with 10 or more employees must constitute an Internal Committee to receive and redress complaints. The IC must have a majority of women members and an external member from an NGO or legal background.
- Local Committee (LC): For establishments with fewer than 10 employees, or complaints against the employer himself, a Local Committee constituted by the District Officer handles complaints.
- Complaint deadline: A complaint must be filed within three months of the incident (extendable by another three months if the IC is satisfied with the reasons for delay).
- Penalties on employer for non-compliance: fine up to ₹50,000 for first offence; repeated offences can result in cancellation of the employer's licence.
When does it apply?
- You are a woman (permanent, temporary, contract, domestic worker, daily wage worker) who has experienced sexual harassment at your workplace or in connection with work.
- The incident occurred at the place of work, during a work-related event, or on a commute arranged by the employer.
- You want to file a complaint against a colleague, supervisor, or employer.
What should you do?
- File a written complaint with the IC (or LC) within three months of the incident. The IC must complete the inquiry within 90 days.
- You may request interim relief pending inquiry — such as transfer, leave, or suspension of the respondent.
- If the IC does not exist or fails to act, file a complaint with the District Officer (typically the District Collector/Magistrate) who oversees the Local Committee.
- A false complaint can result in action against you — but burden of proof for false complaint is high and the mere failure of a complaint is not grounds for action.
- You may also file a criminal complaint under relevant sections of the Bharatiya Nyaya Sanhita, 2023 (stalking, assault, outraging modesty) alongside or independently.
What should you NOT do?
- Do not delay beyond three months without recording reasons — late complaints may be rejected.
- Do not allow an employer to pressure you into a private settlement — the IC process is mandated by law and cannot be bypassed by the employer.
- Do not fear retaliation: dismissal or discrimination for filing a POSH complaint is itself a punishable act under the statute.
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