Sexual Harassment at the Workplace (POSH) in Maharashtra
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 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
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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