Sexual Harassment at the Workplace (POSH) in Tamil Nadu

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.

Tamil Nadu Law

How Tamil Nadu differs from central law

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) applies across Tamil Nadu. The state has taken additional steps to implement the Act effectively.

Every employer with 10 or more employees must constitute an Internal Complaints Committee (ICC). In Tamil Nadu, the Labour Department monitors ICC compliance during routine inspections.
For the unorganised sector and establishments with fewer than 10 employees, Local Complaints Committees (LCC) are constituted at the district level by the District Collector. Tamil Nadu has constituted LCCs in all its 38 districts.
The Tamil Nadu State Commission for Women (TNSCW) accepts complaints and can direct the concerned authority to take action. TNSCW also conducts awareness programmes across the state.
The Tamil Nadu Prohibition of Harassment of Woman Act, 1998 (a state-level law predating the POSH Act) creates an offence of harassment of women in public places, on streets, and in transport. It is punishable with imprisonment up to 3 years and a fine. This law addresses harassment outside the workplace, complementing the POSH Act.
Women can also file an FIR under Section 354A of the Indian Penal Code (now Section 75 of BNS) for criminal sexual harassment. Tamil Nadu has All Women Police Stations (AWPS) in every district for receiving such complaints.

Additional Steps in Tamil Nadu

File a written complaint with the ICC at your workplace within 3 months (extendable to 6 months) of the incident. If no ICC exists or you are in the unorganised sector, approach the Local Complaints Committee through the District Collector's office. You can also complain to the Tamil Nadu State Commission for Women (tnscw.tn.gov.in) or file an FIR at the nearest All Women Police Station.

Relevant Law: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013; Tamil Nadu Prohibition of Harassment of Woman Act, 1998; Tamil Nadu POSH Rules; Indian Penal Code s. 354A / Bharatiya Nyaya Sanhita s. 75

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.