Sexual Harassment at the Workplace (POSH) in Karnataka
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 Karnataka differs from central law
The central POSH Act (Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013) applies across Karnataka. The Karnataka State Women's Commission and district-level Local Complaints Committees play an active role.
- Internal Complaints Committee (ICC): Every employer with 10 or more employees must constitute an ICC. In Bengaluru's IT sector, most companies have an ICC as part of their compliance framework.
- Local Complaints Committee (LCC): For women working in establishments with fewer than 10 employees or for complaints against the employer, the District Officer (typically the District Collector) constitutes the LCC. Karnataka has LCCs in all 31 districts.
- Karnataka State Women's Commission: The Karnataka State Commission for Women (kswc.karnataka.gov.in) receives complaints of workplace sexual harassment and can direct employers to comply with the POSH Act. It also conducts awareness programs.
- Non-compliance penalties: Failure to constitute an ICC is punishable with a fine of up to Rs 50,000. Repeated non-compliance can lead to cancellation of the establishment's registration or licence under the Karnataka Shops and Commercial Establishments Act.
- Bengaluru Police: The Bengaluru City Police has a dedicated Women's Help Desk (Vanitha Sahayavani) and can register FIRs for sexual harassment at the workplace under the Bharatiya Nyaya Sanhita (earlier IPC) in addition to POSH remedies.
Additional Steps in Karnataka
File a complaint with your employer's ICC within 3 months of the incident (extendable by 3 months for cause). If there is no ICC or for domestic workers, file with the Local Complaints Committee at the District Collector's office. You may also approach the Karnataka State Women's Commission or the local police.
Relevant Law: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act); Karnataka Shops and Commercial Establishments Act, 1961 (licence cancellation for non-compliance); Karnataka State Women's Commission Act, 1995
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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