Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
कार्यस्थल पर महिलाओं का यौन उत्पीड़न अधिनियम, 2013
Mandates safe workplaces and an Internal Committee (ICC) at every organisation with 10+ employees
The Sexual Harassment of Women at Workplace Act, 2013 (POSH Act), based on the Vishaka Guidelines, obliges every employer to prevent, prohibit and redress sexual harassment. Every workplace with 10 or more employees must constitute an Internal Committee (IC).
Key provisions
Section 2(n) — Definition of sexual harassment
Unwelcome sexually determined behaviour — physical contact, demand for sexual favours, sexually coloured remarks, showing pornography, or any other unwelcome physical/verbal/non-verbal conduct.
Section 4 — Internal Committee (IC)
Presiding officer (senior woman employee), 2 employee members, 1 external member from an NGO/legal background. At least half must be women.
Section 9 — Filing a complaint
Written complaint within 3 months of the incident (extendable to 6 months). IC can assist illiterate complainants.
Section 11-13 — Inquiry and report
Inquiry completed within 90 days; report submitted within 10 days of completion; employer to act within 60 days of the report.
Section 6 — Local Committee (LC)
For workplaces with fewer than 10 employees, complaints go to the District Officer's Local Committee.
Section 14 — Malicious complaints
Punishment for false or malicious complaints made in bad faith — but ordinary complaints that cannot be substantiated do NOT attract this section.
How to file a POSH complaint
Submit a written complaint to the Internal Committee (or Local Committee) within 3 months of the incident. Include date, place, respondent, description, and any witnesses/documents. The IC must issue notice within 7 days, complete inquiry within 90 days, and recommend action. Interim reliefs (transfer, leave up to 3 months) can be granted under Section 12.
Employer duties
Every employer must constitute an IC, display penal consequences at the workplace, organise awareness workshops, and file an annual report to the District Officer. Non-compliance attracts a fine up to ₹50,000; repeat offences can lead to cancellation of licence/registration.
Who typically needs this
- Women employees, interns, trainees, contract workers and clients visiting workplaces
- HR teams and Internal Committee members
- Startups and SMEs setting up their POSH policy
- External members and advocates handling POSH inquiries
Frequently asked questions
Does POSH apply to men or LGBTQ+ employees?
The POSH Act, 2013 explicitly protects women employees. Men and LGBTQ+ persons can approach the employer under service rules or file a criminal complaint under BNS 2023, but the POSH statutory forum is limited to women complainants.
Can I file a POSH complaint if I've left the job?
The Act does not bar complaints from former employees, but timing is critical — the incident should generally be within the 3 (extendable to 6) month window. Some High Courts have taken a liberal view where the complainant left the job due to harassment.
Is the identity of the complainant kept confidential?
Yes. Section 16 prohibits disclosure of the complainant's identity, respondent, witnesses, and the inquiry proceedings. Violation is punishable with a fine of ₹5,000.
Related laws
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