Sexual Harassment at the Workplace (POSH) — Maharashtra
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?
India's workplace sexual harassment regime sits in one tightly drafted central statute — the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act, Act No. 14 of 2013) — together with the POSH Rules, 2013. The unusual fact, worth surfacing first, is that POSH is standalone. When the Centre brought the four labour codes into force on 21 November 2025, the codes subsumed 29 central labour laws — but the POSH Act is not one of them. The Code on Wages 2019, IR Code 2020, SS Code 2020 and OSH Code 2020 do not touch sexual-harassment redress. Employers in India therefore run two parallel compliance tracks: the labour codes for wages, hours, social security and dispute resolution, and the POSH Act for sexual-harassment prevention, inquiry and redress. The Supreme Court's Vishaka v. State of Rajasthan, (1997) 6 SCC 241 guidelines — issued sixteen years before Parliament got around to the statute — are still cited as the interpretive backbone.
- What counts as sexual harassment (s. 2(n), s. 3): unwelcome physical contact and advances; a demand or request for sexual favours; sexually coloured remarks; showing pornography; any other unwelcome physical, verbal or non-verbal conduct of a sexual nature. Section 3(2) also captures circumstances — implied or explicit promise of preferential treatment, threat of detrimental treatment, hostile work environment, humiliating treatment likely to affect health or safety, interference with work — that are independently actionable.
- Internal Committee — IC (s. 4): every employer with 10 or more employees must constitute an IC. The IC must have at least four members; the Presiding Officer must be a woman employed at a senior level; at least two further members must be employees committed to women's causes or with experience in social work or legal knowledge; and at least one external member must be drawn from an NGO or association committed to women's causes, or be a person familiar with issues relating to sexual harassment (s. 4(2)(c)). At least half the members must be women. The external-member requirement is the structural safeguard against in-house cover-up — and it is the requirement most frequently breached in practice. Term: three years (s. 4(3)).
- Local Committee — LC (ss. 5-7): for workplaces with fewer than 10 employees, for the unorganised sector, and where the complaint is against the employer themselves, a Local Committee constituted by the District Officer (s. 5 — usually the District Collector or District Magistrate) takes the file. The LC has a Chairperson who is an eminent woman, a member from the block / taluka / ward, two members from women-focused NGOs (at least one a woman), and an ex-officio member from the social welfare or women & child development department (s. 7).
- Time to complain — three months, extendable by three more (s. 9): a written complaint must ordinarily be filed within three months of the incident (or of the last in a series of incidents). The IC or LC may, for reasons recorded in writing, extend the limit by a further three months — a hard maximum of six months. Delhi HC and Bombay HC decisions have read the extension proviso liberally where the complainant pleads trauma, fear of retaliation or hierarchical pressure.
- Inquiry within 90 days (s. 11(4)): the IC or LC must complete the inquiry within 90 days of the complaint. Under s. 11(3) the Committee has the same powers as a civil court under the Code of Civil Procedure 1908 for the purposes of summoning witnesses, requiring document production and examining on oath. Both parties are entitled to representation. Under Rule 7(4) of the POSH Rules 2013 the inquiry must follow principles of natural justice — the Aureliano Fernandes Supreme Court decision (2023 INSC 527) quashed an IC inquiry conducted ex parte in undue haste for breach of this very rule.
- Interim relief (s. 12): on a written request from the aggrieved woman, the Committee may recommend that the employer (a) transfer the woman or the respondent to another workplace; (b) grant the woman leave of up to three months in addition to any statutory entitlement; or (c) grant any other relief prescribed. The employer must implement the recommendation and report back. The Kerala HC has confirmed that the IC's interim-transfer recommendation is binding on the employer.
- Recommendations on completion (s. 13): the IC or LC files an inquiry report with the employer or District Officer within ten days of completing the inquiry. If the allegation is proved, the Committee recommends action under the applicable service rules and may direct deduction from the respondent's salary as compensation. The employer must act on the recommendation within sixty days.
- Confidentiality (ss. 16-17): the identities of the complainant, the respondent, the witnesses, the contents of the complaint, the inquiry proceedings and the recommendations cannot be published, communicated or made known. Breach by an IC member, HR, management or any person handling the file attracts penalty under service rules (and, where no service rules apply, a monetary penalty under Rule 12 of the POSH Rules — ₹5,000). Confidentiality is not, however, absolute against the inquiry parties themselves: the respondent is entitled to the substance of the allegation in order to defend.
- False or malicious complaints (s. 14): only complaints made with proven malice attract punishment, and the burden of proving malice rests squarely on the employer or the respondent. The statute expressly says that the mere inability to substantiate a complaint or to provide adequate proof shall not attract action against the complainant under this section. This is the single most important misunderstanding of the Act in popular HR practice — a complaint that fails on evidence is not a false complaint, and treating it as such is itself an act of victimisation that the courts have set aside.
- Appeal (s. 18): any person aggrieved by the recommendations or the non-implementation of recommendations may appeal to the court or tribunal in accordance with the applicable service rules, or where no such rules exist, in the manner prescribed, within 90 days of the recommendations.
- Employer penalty (s. 26): failure to constitute the IC, failure to act on recommendations, or contravention of any other obligation of the Act exposes the employer to a fine of up to ₹50,000 for the first offence. On a second conviction, the fine doubles, and the employer's licence or registration may be cancelled, not renewed or withdrawn by the competent authority. Non-constitution of the IC is itself a punishable offence — held repeatedly by the Allahabad, Bombay and Calcutta High Courts.
- SHe-Box portal — relaunched 29 August 2024: the Ministry of Women & Child Development relaunched SHe-Box (Sexual Harassment electronic-Box) at shebox.wcd.gov.in on 29 August 2024 as a centralised online complaint mechanism. Complaint registration went live on 19 October 2024. The portal now serves as a central repository for IC and LC data across Central Ministries, State governments and (in roll-out) the private sector. A complaint filed on SHe-Box is forwarded to the IC or LC selected by the complainant — it does not replace the statutory inquiry; it routes the complaint to the body that must conduct the inquiry within 90 days.
- Parallel criminal route — BNS s. 75: the same conduct can be prosecuted criminally under Section 75 of the Bharatiya Nyaya Sanhita, 2023, which replaced IPC s. 354A on 1 July 2024. BNS s. 75 punishes (a) physical contact and advances involving unwelcome and explicit sexual overtures, (b) a demand or request for sexual favours, and (c) showing pornography against the will of a woman with rigorous imprisonment up to three years, or fine, or both. Sexually coloured remarks (BNS s. 75(2)) attract imprisonment of up to one year, fine, or both. The criminal track under BNS and the POSH inquiry under the 2013 Act are independent — filing one does not foreclose the other, and the Supreme Court has consistently held that an IC inquiry is not a substitute for the criminal process where the conduct also constitutes a cognisable offence.
- Supreme Court enforcement push — Aureliano Fernandes and Initiatives for Inclusion Foundation: in Aureliano Fernandes v. State of Goa, 2023 INSC 527, (2024) 1 SCC 632 (12 May 2023), a two-judge Bench of Bopanna and Hima Kohli JJ. catalogued widespread non-implementation of the Act across India and issued nationwide directions — Union, States, Union Territories and all public-sector authorities must constitute IC/LCs, publish their constitution and procedure on official websites, regularly orient members, and run awareness programmes. In Initiatives for Inclusion Foundation v. Union of India, 2023 INSC 927, (2024) 1 SCC 779 (October 2023), the Court ordered District Officers to appoint Nodal Officers in every ward or municipality under s. 6, publish their contact details on district websites, and submit district-wise compliance data on the SHe-Box platform. The 2025 follow-up orders in the same matter directed district-wise surveys with six-week deadlines and continuing reporting to the Court. The cumulative effect: employer non-compliance is now actively monitored, and a complainant whose IC does not exist or refuses to function has a Supreme-Court-backed direct route to the District Officer.
When does it apply?
POSH cover is gender-asymmetric by statutory design. The Act protects women — a deliberate choice traceable to Article 15(3) of the Constitution, which permits the State to make special provisions for women and children. You are protected if:
- You are a woman, of any age, in any work relationship — regular, temporary, ad hoc, daily wage, probationer, trainee, apprentice, contract worker, consultant, intern (paid or unpaid), or a worker engaged through a third party (s. 2(f) — the definition of "aggrieved woman" is broad on purpose).
- You are a domestic worker in a private household — even though the household has fewer than 10 employees, s. 2(e)(vi) brings dwelling-place work within the definition of "workplace" and the Local Committee picks up the complaint.
- The incident took place at the workplace, at a work-related off-site event, training, conference, or sports meet arranged or sponsored by the employer, or during commute in employer-provided transport (s. 2(o)). Workplace reach extends well past the four walls of the office.
- The respondent is a colleague, a supervisor, a senior, the employer themselves, a client or visitor (the IC can recommend that the employer raise the matter with the client's organisation), or any person you encounter in connection with the work.
Men and non-binary persons are not statutorily covered by the POSH Act. Their statutory criminal recourse runs through BNS Chapters relating to assault, criminal force, criminal intimidation and stalking — not POSH. A constitutional challenge to the gender-asymmetry on Article 14 and Article 15 grounds remains pending; the Supreme Court has so far declined to extend the Act judicially, reasoning that POSH is itself a special provision for women under Article 15(3). Several private employers and some State public-sector entities have voluntarily notified gender-neutral internal policies that run alongside the statutory POSH framework — those internal policies are enforceable as a matter of contract and HR policy, but they are not POSH proceedings and do not trigger the s. 26 employer penalty regime.
What to Do If You Experience Sexual Harassment at Your Workplace in India
POSH disputes are document-and-deadline disputes. The worker who walks in with the complaint dated, the IC's constitution checked against s. 4, and a calendar that tracks the 90-day clock wins more often than the worker who walks in with feelings alone. Build the file before you file the complaint.
- Find the IC first. Under Aureliano Fernandes directions, the IC's constitution, contact details, and complaint procedure must be on the employer's intranet or official notice board. If they are not, that is itself a s. 26 violation — document the absence (screenshot the intranet, note the date and time, take photos of notice boards) and use it later.
- Check whether your IC meets the s. 4 composition floor. Four members? Woman Presiding Officer at senior level? At least half women? External member from an NGO or with women's-issue expertise? The external-member requirement is the most frequently breached. An IC that lacks the external member is not lawfully constituted — the Bombay HC and the Karnataka HC have set aside inquiries on this ground alone.
- File a written complaint within three months of the incident (or the last in a series) with the IC under s. 9. If the workplace has fewer than 10 employees, or the complaint is against the employer, file with the Local Committee at the District Officer (usually the District Collector / Magistrate). The complaint should set out the dates, the conduct, the witnesses (if any), and the relief sought.
- Use the 3-month extension if you need it. If trauma, fear of retaliation, hierarchical pressure or hospitalisation kept you from filing, plead it on the face of the complaint and ask the Committee to extend under the s. 9 proviso. Record the reason; the extension is not automatic but it is freely granted on a properly pleaded record.
- Ask for interim relief under s. 12 in the same letter — written request for transfer of the respondent (or yourself, at your election), up to three months of additional leave on top of your statutory entitlement, and a direction that the respondent not write your performance review or sit in your reporting chain while the inquiry runs.
- File a parallel SHe-Box complaint at shebox.wcd.gov.in. Live for complaint registration since 19 October 2024, the portal routes your complaint to the IC or LC you select. It does not replace the statutory inquiry — but it timestamps your filing on a government server, gives the Ministry of WCD a record, and lets you track inaction.
- Watch the 90-day clock under s. 11(4). From the date of complaint, the IC has 90 days to complete the inquiry. From day 91, the delay itself is a procedural irregularity you can plead in any appeal under s. 18 or in a High Court writ.
- The inquiry — civil-court powers under s. 11(3). The IC can summon witnesses, require document production and examine on oath, as a civil court under the Code of Civil Procedure 1908. Both you and the respondent are entitled to representation (a colleague, a relative, a friend, or in some cases a lawyer — the Committee has discretion). Insist on natural justice — the Aureliano Fernandes Supreme Court decision (2023 INSC 527) was triggered exactly by an IC inquiry held ex parte in haste.
- Report on completion — s. 13. The IC files its report with the employer within 10 days of completing the inquiry. If the allegation is proved, the Committee recommends action (under service rules, including dismissal, demotion, withholding of increment) plus compensation deducted from the respondent's salary. The employer must act on the recommendation within 60 days. Silence is non-compliance and a s. 26 violation.
- If the IC does not exist, refuses to act, or is unlawfully constituted, take the complaint to the District Officer / Local Committee directly. Under the Initiatives for Inclusion Foundation directions (2023 INSC 927), the District Officer must publish nodal-officer contact details on the district website. If those details are missing or stale, that is a Supreme Court compliance lapse — escalate to the State Women's Commission, the National Commission for Women (NCW), and via the SHe-Box portal in parallel.
- Run the criminal track in parallel if the conduct also constitutes BNS s. 75. File an FIR at the nearest police station. The POSH inquiry and the BNS prosecution can both proceed — the Supreme Court has repeatedly held that an internal inquiry is not a substitute for criminal prosecution where the conduct constitutes a cognisable offence under the BNS (formerly the IPC). BNS s. 75 punishes physical contact and advances, demand for sexual favours, or showing pornography against the will of a woman with rigorous imprisonment up to three years, or fine, or both; sexually coloured remarks under BNS s. 75(2) attract up to one year.
- Appeal within 90 days under s. 18. If the IC findings or recommendations go against you, or the employer refuses to implement them, appeal under s. 18 to the court or tribunal designated under the applicable service rules, or in the manner prescribed where no service rules apply, within 90 days. Do not let the clock run.
- Retaliation is independently actionable. Dismissal, demotion, transfer, denial of increment, hostile treatment or any other adverse action taken because you filed a POSH complaint is itself a violation of the Act and supports a fresh complaint, a writ petition, and (under Aureliano Fernandes directions) a direct route to the District Officer.
What should you NOT do?
- Do not sign a private settlement or NDA that buries the complaint. Section 10 permits conciliation before the IC at the woman's written request, but monetary settlement is expressly prohibited as the basis of conciliation. Any "waiver of POSH rights" clause in an employment contract, severance agreement or settlement letter is void as against statutory rights — the IC inquiry cannot be contracted away.
- Do not be scared off by s. 14 false-complaint warnings. The statute itself says, in terms, that mere inability to substantiate the complaint or to provide adequate proof shall not attract action. Punishment under s. 14 requires the employer to prove that the complaint was made with malice — a high threshold that the courts have applied narrowly. HR departments that send pre-emptive "false-complaint" letters to deter complainants are themselves acting unlawfully.
- Do not assume the POSH Act is "anti-male" or biased in design. It is gender-asymmetric — that is a constitutional choice under Article 15(3) — but the procedural protections (representation, natural justice, civil-court evidentiary standards under s. 11(3), the s. 18 appeal) apply equally to respondents. Aureliano Fernandes itself was a respondent's appeal that the Supreme Court allowed on natural-justice grounds. Procedural fairness runs both ways.
- Do not treat confidentiality as absolute against yourself. Section 16 confidentiality binds the IC, HR, management and witnesses — but it does not bar you from speaking to your own lawyer, your treating doctor, the State Women's Commission, the NCW or the SHe-Box portal in confidence. The Supreme Court has been clear that confidentiality is a shield for the complainant, not a gag on the complainant.
- Do not let the 90-day inquiry clock or the 90-day appeal clock run silently. Track both. The 90-day inquiry runs from the date of complaint (s. 11(4)); the 90-day appeal runs from the date of the recommendations (s. 18). Delay in either window weakens the case and gives the employer a procedural defence.
- Do not rely solely on the IC if the IC is unlawfully constituted. An IC without the external member, or without a senior woman Presiding Officer, is not a s. 4 committee. Inquiries by such bodies have been set aside. Document the defect, file a parallel complaint with the District Officer / LC, and use SHe-Box to escalate.
How Maharashtra differs from central law
Maharashtra has been proactive in implementing the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). The state has constituted Local Complaints Committees (LCCs) in all districts under the District Collector to handle complaints from women working in establishments with fewer than 10 employees or from domestic workers.
The Maharashtra Shops and Establishments Act, 2017 separately mandates that every employer must take steps to prevent sexual harassment and must constitute an Internal Complaints Committee (ICC) as required by the POSH Act. The Maharashtra government has also issued specific guidelines directing all state government offices and public sector undertakings to mandatorily constitute ICCs and conduct awareness training.
The Bombay High Court has delivered several notable judgments strengthening POSH protections, including holding that employers who fail to constitute an ICC can be held personally liable and that complaints should be resolved within 90 days as mandated by the Act.
Additional Steps in Maharashtra
If your employer has not formed an ICC, or you work in a small establishment, file your complaint with the Local Complaints Committee through the District Collector's office. Contact the Maharashtra State Women's Commission helpline at 7977-722-722 or the Women Helpline at 181. You can also email the Commission at mscw.maharashtra.gov.in.
Relevant Law: Sexual Harassment of Women at Workplace Act, 2013, Sections 4 and 6; Maharashtra Shops and Establishments Act, 2017, Section 28
Common Questions
Is the POSH Act covered by the new labour codes that came into force in November 2025?
No. The POSH Act, 2013 is a standalone statute. The four labour codes that became enforceable on 21 November 2025 — the Code on Wages 2019, the Industrial Relations Code 2020, the Social Security Code 2020 and the OSH Code 2020 — subsumed 29 central labour laws between them, but the POSH Act is not one of them. Indian employers therefore run two parallel compliance tracks: the labour codes for wages, hours, social security and dispute resolution, and the POSH Act for sexual-harassment prevention, inquiry and redress under the Internal Committee (s. 4), Local Committee (ss. 5-7), 3-month complaint window (s. 9), 90-day inquiry (s. 11(4)), interim relief (s. 12), and s. 26 employer penalty regime.
Within what time must I file a complaint, and can the deadline be extended?
Under s. 9 of the POSH Act, a written complaint must ordinarily be filed within three months of the incident, or within three months of the last incident in a series. The Internal Committee or Local Committee may extend the limit by a further three months — a hard cap of six months — for reasons recorded in writing. Delhi HC and Bombay HC decisions have applied the extension proviso liberally where the complainant pleads trauma, fear of retaliation, hierarchical pressure or hospitalisation. If you are filing late, plead the reason for delay on the face of the complaint. The IC must then complete its inquiry within 90 days under s. 11(4) — independent of when the complaint was filed.
Can I also file a criminal complaint, or is the POSH inquiry enough?
You can — and often should — run both tracks in parallel. The same conduct that constitutes sexual harassment under the POSH Act often also constitutes a cognisable offence under Section 75 of the Bharatiya Nyaya Sanhita, 2023, which replaced IPC s. 354A on 1 July 2024. BNS s. 75 punishes physical contact and advances, demand or request for sexual favours, and showing pornography against the will of a woman with rigorous imprisonment up to three years or fine or both; sexually coloured remarks under BNS s. 75(2) attract imprisonment up to one year or fine or both. Stalking is separately punishable under BNS s. 78. The Supreme Court has consistently held that an internal POSH inquiry is not a substitute for criminal prosecution where the conduct is also a cognisable offence — the criminal track runs independently and is not foreclosed by the POSH proceedings.
What if my workplace does not have an Internal Committee, or the IC is improperly constituted?
Failure to constitute an Internal Committee is itself a punishable offence under s. 26 of the POSH Act, with a fine of up to ₹50,000 for the first offence and double on subsequent convictions plus potential licence cancellation. Under the Supreme Court's directions in Aureliano Fernandes v. State of Goa (2023 INSC 527, 12 May 2023) and Initiatives for Inclusion Foundation v. Union of India (2023 INSC 927, October 2023), every employer must publish its IC constitution and complaint procedure, and every District Officer must publish a district-wise list of Nodal Officers and Local Committee contact details. If your IC does not exist, refuses to function, or fails the s. 4 composition test — four members minimum, woman Presiding Officer at senior level, at least half women, and an external member from an NGO or with women's-issue expertise — take the complaint directly to the Local Committee through the District Officer (usually the District Collector or District Magistrate). File in parallel on SHe-Box at shebox.wcd.gov.in.
Can I be punished for filing a complaint that turns out to be hard to prove?
No. Section 14 of the POSH Act expressly says that the mere inability to substantiate a complaint or to provide adequate proof shall not attract any action against the complainant. Punishment under s. 14 requires the employer or respondent to prove that the complaint was made with malice — a deliberately high threshold that the courts have applied narrowly. A complaint that fails on the evidence is not a false complaint. HR departments that pre-emptively threaten complainants with s. 14 consequences are themselves acting outside the statute, and such conduct can ground a separate retaliation claim and a Supreme-Court-backed escalation under the Aureliano Fernandes directions.
What is SHe-Box and how does it interact with the IC or LC?
SHe-Box (Sexual Harassment electronic-Box) is the Ministry of Women & Child Development's centralised online complaint portal at shebox.wcd.gov.in. It was relaunched on 29 August 2024 and complaint registration went live on 19 October 2024. SHe-Box does not replace the statutory IC or LC inquiry — a complaint filed on SHe-Box is forwarded to the IC or LC selected by the complainant, which must then conduct the inquiry within 90 days under s. 11(4). What SHe-Box adds is (a) a government-server timestamp on the complaint, (b) a Ministry-level record that the complaint exists, (c) a tracking mechanism if the IC or LC delays, and (d) a centralised repository that the Supreme Court is now using under the 2025 Initiatives for Inclusion Foundation follow-up orders to monitor compliance across India. File on SHe-Box in parallel with the written complaint to the IC — it costs nothing and it strengthens the file.
What is the sexual harassment at the workplace (posh) right in India?
India's workplace sexual harassment regime sits in one tightly drafted central statute — the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act, Act No. 14 of 2013) — together with the POSH Rules, 2013. The unusual fact, worth surfacing first, is that POSH is standalone. When the Centre brought the four labour codes into force on 21 November 2025, the codes subsumed 29 central labour laws — but the POSH Act is not one of them. The Code on Wages 2019, IR Code 2020, SS Code 2020 and OSH Code 2020 do not touch sexual-harassment redress. Employers i...
When does sexual harassment at the workplace (posh) apply?
POSH cover is gender-asymmetric by statutory design. The Act protects women — a deliberate choice traceable to Article 15(3) of the Constitution, which permits the State to make special provisions for women and children. You are protected if:You are a woman, of any age, in any work relationship — regular, temporary, ad hoc, daily wage, probationer, trainee, apprentice, contract worker, consultant, intern (paid or unpaid), or a worker engaged through a third party (s. 2(f) — the definition of "aggrieved woman" is broad on purpose).You are a domestic worker in a private household — even though t...
What should I do if I am being sexually harassed at my workplace in India?
POSH disputes are document-and-deadline disputes. The worker who walks in with the complaint dated, the IC's constitution checked against s. 4, and a calendar that tracks the 90-day clock wins more often than the worker who walks in with feelings alone. Build the file before you file the complaint.Find the IC first. Under Aureliano Fernandes directions, the IC's constitution, contact details, and complaint procedure must be on the employer's intranet or official notice board. If they are not, that is itself a s. 26 violation — document the absence (screenshot the intranet, note the date and ti...
What mistakes should I avoid with sexual harassment at the workplace (posh)?
Do not sign a private settlement or NDA that buries the complaint. Section 10 permits conciliation before the IC at the woman's written request, but monetary settlement is expressly prohibited as the basis of conciliation. Any "waiver of POSH rights" clause in an employment contract, severance agreement or settlement letter is void as against statutory rights — the IC inquiry cannot be contracted away.Do not be scared off by s. 14 false-complaint warnings. The statute itself says, in terms, that mere inability to substantiate the complaint or to provide adequate proof shall not attra...
Sexual Harassment at the Workplace (POSH) in other states
Same topic, different jurisdiction. Pick the one that applies to you.
- 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)