Sexual Harassment at the Workplace (POSH) in West Bengal

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.

West Bengal Law

How West Bengal differs from central law

West Bengal implements 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 Magistrate to handle complaints from women in establishments with fewer than 10 employees or from domestic workers.

The West Bengal Shops and Establishments Act, 1963 separately requires employers to maintain a safe working environment. The state government has issued directives to all state government offices, public sector undertakings, and municipal bodies to mandatorily constitute Internal Complaints Committees and conduct regular awareness training on sexual harassment prevention.

The West Bengal Commission for Women plays an active role in receiving and addressing sexual harassment complaints. The Calcutta High Court has delivered rulings strengthening POSH protections, including holding that failure to constitute an ICC is a punishable offence and that the 90-day timeline for inquiry completion must be adhered to.

Additional Steps in West Bengal

If your employer has not formed an ICC, or you work in a small establishment, file a complaint with the Local Complaints Committee through the District Magistrate's office. Contact the West Bengal Commission for Women at 033-23215985 or the Women Helpline at 181 (Swayam). You can also approach the local police under West Bengal Women's Grievance Cell for workplace harassment complaints.

Relevant Law: Sexual Harassment of Women at Workplace Act, 2013, Sections 4 and 6; West Bengal Shops and Establishments Act, 1963

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.