Sexual Harassment at the Workplace (POSH) in Delhi
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 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 to Do If You Experience Sexual Harassment at Your Workplace in India
- 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.
How Delhi differs from central law
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) applies across Delhi, with the Delhi Government having constituted Local Complaints Committees (LCCs) at every district level.
- Every employer in Delhi with 10 or more employees must constitute an Internal Complaints Committee (ICC) under the POSH Act. Non-constitution of the ICC is itself a punishable offence.
- For workplaces with fewer than 10 employees, or for complaints against the employer, the District-level Local Complaints Committee (LCC) handles the matter. Delhi has LCCs in all 11 revenue districts.
- The Delhi Commission for Women (DCW) takes an active role in POSH enforcement — it conducts surprise inspections of workplaces, issues notices to non-compliant employers, and helps complainants file cases.
- The DCW also runs a 24-hour women's helpline (181) that assists with sexual harassment complaints, connects women with legal aid, and coordinates with police and the LCC.
- The Delhi High Court has issued several important orders directing the Delhi Government to ensure that LCCs are fully constituted, trained, and functional in every district.
Additional Steps in Delhi
File a written complaint with your employer's Internal Complaints Committee within three months of the incident (extendable by three months). If no ICC exists, file with the Local Complaints Committee at your District Magistrate's office. Contact the DCW helpline at 181 or visit the DCW office at Vikas Bhawan for assistance. You can also file a police complaint (FIR) at any Delhi police station if the conduct constitutes a criminal offence under the BNS.
Relevant Law: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013; Delhi Government LCC constitution orders; Delhi Commission for Women Act, 1994
Common Questions
When does sexual harassment at the workplace (posh) 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 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 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 complain...
What mistakes should I avoid with sexual harassment at the workplace (posh)?
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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