Sexual Harassment at the Workplace (POSH) in Uttar Pradesh
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 Uttar Pradesh differs from central law
Uttar Pradesh implements the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). The state government has directed all districts to constitute Local Complaints Committees (LCCs) under the District Magistrate to handle complaints from women working in establishments with fewer than 10 employees or from domestic workers.
The UP State Women's Commission (UP Mahila Ayog) also receives and refers complaints of workplace sexual harassment. The Commission has the power to recommend action and monitor compliance with the POSH Act.
The Allahabad High Court has delivered several important judgments on workplace sexual harassment, including holding that the failure of an employer to constitute an Internal Complaints Committee (ICC) as mandated by the POSH Act is itself a punishable offence under Section 26 of the Act. The court has also upheld the rights of complainants to appeal ICC findings to the district court within 90 days.
Additional Steps in Uttar Pradesh
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 Magistrate's office. Contact the UP State Women's Commission at 0522-2306403 or the UP Women Helpline at 1090. You can also file a police complaint if the harassment amounts to a criminal offence under the Bharatiya Nyaya Sanhita, 2023.
Relevant Law: Sexual Harassment of Women at Workplace Act, 2013, Sections 4, 6, and 26; UP State Women's Commission Act
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.
Legal Resources
We may earn a commission if you use these services — at no extra cost to you. This supports our mission to make legal information free for everyone.