Sexual Harassment at the Workplace (POSH) in Gujarat

Source: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013; Supreme Court of India, Vishaka v. State of Rajasthan, (1997) 6 SCC 241

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

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 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.

Gujarat Law

How Gujarat differs from central law

Gujarat has constituted Local Complaints Committees (LCCs) in all districts under the District Collector to handle complaints under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). These LCCs handle complaints from women working in establishments with fewer than 10 employees or from domestic workers.

The Gujarat Shops and Establishments Act, 2019 separately mandates that every employer must take steps to prevent sexual harassment and constitute an Internal Complaints Committee (ICC) as required by the POSH Act. The Gujarat State Commission for Women assists in ensuring compliance and awareness.

The Gujarat High Court has issued important orders requiring employers to strictly comply with the POSH Act, including holding that failure to constitute an ICC can result in liability for the employer. The court has emphasized that complaints must be resolved within 90 days as mandated by the Act.

Additional Steps in Gujarat

If your employer has not formed an ICC, or if you work in a small establishment, file your complaint with the Local Complaints Committee through the District Collector's office. Contact the Gujarat State Commission for Women at gscw.gujarat.gov.in. Women Helpline: 181 (toll-free). National Commission for Women helpline: 7827-170-170.

Relevant Law: Sexual Harassment of Women at Workplace Act, 2013, Sections 4 and 6; Gujarat Shops and Establishments Act, 2019

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.

Sexual Harassment at the Workplace (POSH) in other states

Same topic, different jurisdiction. Pick the one that applies to you.