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LEGAL GLOSSARY · LABOUR & EMPLOYMENTWhat Is the POSH Act?
The law against sexual harassment at Indian workplaces — what it prohibits, how complaints run, and every employer's non-negotiable duties.
Gyanendra Singh·Advocate·High Court of Madhya Pradesh, Jabalpur
What Does POSH Mean?
POSH refers to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — the statute that makes workplace sexual harassment expressly illegal and creates a mandatory internal redressal system. It protects women aggrieved at workplaces including offices, factories, hospitals, sports venues, and extends to visits arising out of employment, with a broad definition of workplace covering any place visited in the course of employment.
The Act grew from the Supreme Court's Vishaka guidelines, converting judicially crafted safeguards into binding legislation.
What Counts as Sexual Harassment
- Physical contact and advances.
- Demand or request for sexual favours.
- Sexually coloured remarks.
- Show of pornography.
- Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
The statutory test is that the conduct was unwelcome to the recipient — intent of the actor does not sanitise impact. The Act also recognises implied or explicit promises or threats connected to employment benefits as aggravating forms.
The Complaint Committees
- Internal Committee (IC) — compulsory for every workplace employing ten or more persons; chaired by a senior woman employee, includes two other employee members committed to the cause, and one external member from an NGO or person familiar with sexual harassment issues.
- Local Committee (LC) — constituted by the district officer for workplaces with fewer than ten workers, or where the complaint is against the employer itself.
- Powers of a civil court attach to these committees for summoning, evidence and affidavit-based inquiry.
From Complaint to Outcome
- Written complaint within three months of the incident, extendable by another three on showing circumstances causing delay.
- The committee may first attempt conciliation only at the complainant's request — never a money settlement as the price of dropping allegations.
- Inquiry completes within ninety days; both sides are heard; confidentiality binds everyone involved.
- Interim protection available during inquiry: transfer of either party, or up to three months' leave for the complainant.
- If harassment is proved: service-rule action against the respondent, plus possible salary-deduction compensation paid to the complainant.
- Malicious complaints carry consequences too — but mere inability to prove is not malice.
- Appeals lie to the court or tribunal specified in the service rules within ninety days of recommendations.
POSH: Common Questions
1. Does POSH protect only employees?
No. An aggrieved woman includes visitors, clients, interns, volunteers and domestic workers at the workplace — the definition reaches anyone present in connection with work, whether employed there or not.
2. Can a man be sexually harassed under this framework?
The POSH Act's complaint machinery addresses women aggrieved persons; harassment faced by men may invoke company policy, criminal provisions and constitutional remedies instead. Several employers extend internal policy protections beyond the statute — check your handbook.
3. What if my employer refuses to constitute an IC?
Non-constitution is a punishable offence with escalating fines, and complaints then route to the district Local Committee. Documenting the refusal strengthens both the immediate complaint and later enforcement against the employer.
4. Is the inquiry confidential?
Yes — the Act prohibits publication of identities and inquiry particulars, with penalties for breach. Confidentiality protects complainant and respondent alike until conclusions are lawfully communicated.
5. I complained and now face retaliation. Options?
Victimisation connected to a complaint compounds employer liability — report it to the IC immediately, since interim transfers and protections exist precisely for this. Retaliatory actions can be independently challenged before labour authorities.
6. Can the parties settle through the IC?
Conciliation before inquiry is possible only on the complainant's request and only toward resolution of conduct — monetary settlement as consideration for not proceeding is expressly barred. Outcomes after inquiry follow service rules, not negotiation leverage.
Source: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (indiacode.nic.in)
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Contact Gyanendra Singh →Disclaimer: This explanation covers the POSH Act in general terms and is not legal advice. Application depends on workplace facts and rules; consult a qualified advocate about your matter.