The POSH Act — short for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — is the primary law that protects working women in India from sexual harassment at their place of work. Whether you work in a corporate office, a factory, a hospital, or run a small business with a handful of employees, understanding what the POSH Act requires can help you recognise your rights or your obligations as an employer. This guide explains what the POSH Act covers, who it applies to, how the complaint process works, and what penalties follow a violation.
What Is the POSH Act?
The POSH Act, 2013 was enacted by Parliament to give statutory force to the Vishaka Guidelines laid down by the Supreme Court in Vishaka v. State of Rajasthan (1997), which were the first judicial framework addressing workplace sexual harassment in the absence of dedicated legislation. The Act came into force in December 2013 and applies uniformly across India. You can read the legislative background of the law on PRS Legislative Research’s bill track page.
The law defines “sexual harassment” broadly to include unwelcome physical contact, a demand or request for sexual favours, sexually coloured remarks, showing pornography, or any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. It covers not just permanent employees but also contract workers, interns, trainees, and daily-wage workers.
Who Does the POSH Act Apply To?
POSH Act applicability extends well beyond large corporates:
- Every employer with 10 or more employees must constitute an Internal Complaints Committee (ICC).
- It applies to the organised and unorganised sectors alike — private companies, government offices, NGOs, hospitals, educational institutions, and even domestic households in a modified form.
- “Workplace” is defined expansively to include not just the office premises but also client sites, travel for work, and any place visited during the course of employment.
- The complainant must be a woman, but the person against whom the complaint is made (the respondent) can be a man or a woman.
Employers who fail to set up an ICC, or who do not comply with the Act’s obligations, can face a monetary penalty and, on repeat default, cancellation of their business licence or registration.
Internal Complaints Committee (ICC) and Local Complaints Committee (LCC)
The Act requires two parallel redressal mechanisms depending on the size and nature of the workplace:
Internal Complaints Committee
Any workplace with 10 or more employees must set up an ICC. It must be headed by a senior woman employee, include at least two other employee members committed to the cause of women, and — importantly — at least one external member from an NGO or association familiar with issues of sexual harassment. This external member requirement is meant to prevent internal bias in the inquiry.
Local Complaints Committee
For establishments with fewer than 10 employees, or where the complaint is against the employer itself, the complaint is filed with the Local Complaints Committee constituted by the District Officer at the district level. This ensures that employees of small businesses and those working in the unorganised sector are not left without recourse.
How to File a Complaint Under the POSH Act
The complaint process is designed to be accessible and confidential:
- A written complaint must generally be filed within 3 months of the incident, extendable by another 3 months if the Committee is satisfied that circumstances prevented timely filing.
- The complaint can be submitted to the ICC (or LCC, as applicable) in person or through the government’s SHe-Box online portal (shebox.wcd.gov.in), which routes complaints to the relevant committee.
- Before the inquiry, the Committee may attempt conciliation between the parties if the complainant requests it — though no monetary settlement can be made the basis for conciliation.
- If conciliation fails or isn’t sought, the Committee conducts an inquiry, giving both sides an opportunity to be heard, and must complete it within 90 days.
- During the inquiry, the complainant can request interim relief, such as transfer of either party or leave for the complainant.
- The identity of the complainant, respondent, and witnesses, along with the inquiry proceedings, must be kept confidential throughout the process.
Punishment and Penalties Under the POSH Act
If the ICC or LCC finds the complaint proven, it recommends action to the employer, which can include:
- Disciplinary action against the respondent as per the organisation’s service rules, which may range from a written warning to termination.
- Deduction of compensation from the respondent’s salary, payable to the complainant.
- Where the conduct also amounts to an offence under the Bharatiya Nyaya Sanhita, 2023 (BNS) — for example, outraging the modesty of a woman or criminal intimidation — the complainant may separately pursue criminal proceedings before the police, in addition to the POSH Act remedy.
The Act also penalises false or malicious complaints made with the intent to harm the respondent — though a complaint that simply fails for lack of evidence is not treated as false, to avoid discouraging genuine complainants from coming forward.
Employers who fail to constitute an ICC, fail to act on its recommendations, or contravene any provision of the Act can be fined up to ₹50,000, with repeat non-compliance risking higher penalties and cancellation of licences under the applicable law.
Employer Duties and Compliance
Beyond setting up a Committee, employers are required to:
- Display the penal consequences of sexual harassment and the composition of the ICC prominently at the workplace.
- Organise regular workshops and awareness programmes for employees.
- Provide the ICC with the resources needed to conduct a fair inquiry.
- File an annual report with the District Officer disclosing the number of complaints received and resolved.
These obligations sit alongside other workplace and personal-safety protections available to women, such as the maternity leave rules under the Maternity Benefit Act and the remedies available under the Domestic Violence Act, 2005.
Frequently Asked Questions
What is the full form of the POSH Act?
POSH stands for the “Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.”
Is the POSH Act applicable to small businesses?
Yes. Businesses with 10 or more employees must set up their own Internal Complaints Committee. Businesses with fewer than 10 employees are still covered — complaints in such cases go to the Local Complaints Committee at the district level.
Can a man file a complaint under the POSH Act?
No. The POSH Act, 2013 as currently drafted protects only women employees. A man who faces workplace harassment may need to rely on his organisation’s internal policy or general criminal law remedies, such as those under the Bharatiya Nyaya Sanhita, 2023.
What is the time limit to file a complaint under the POSH Act?
A complaint should ordinarily be filed within 3 months of the incident (or the last incident, in case of a series of incidents), though the Committee can extend this by up to 3 more months for sufficient reasons.
What happens if an employer does not set up an Internal Complaints Committee?
Non-compliance can attract a fine of up to ₹50,000. On a repeat offence, the employer may face a higher penalty and cancellation or non-renewal of the licence or registration required to carry on the business.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Laws and their interpretation can change, and individual circumstances vary. Please consult a qualified advocate for advice specific to your situation.
