Every employee in India has the right to a safe workplace free from sexual harassment. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — commonly called the POSH Act — creates a legal framework to protect this right.
What Is Sexual Harassment Under POSH?
The Act defines sexual harassment broadly. It includes:
- Unwelcome physical contact or advances
- Sexually coloured remarks
- Showing pornography
- Demand or request for sexual favours
- Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature
Harassment can also include implied or explicit promise of preferential treatment in exchange for sexual favours, or threats for rejecting sexual advances.
Who Is Protected?
Any woman employed at a workplace — permanent, temporary, contractual, intern, daily wage worker, or domestic worker — is protected. The Act covers both formal and informal workplaces.
Internal Complaints Committee (ICC)
Every organisation with 10 or more employees must set up an Internal Complaints Committee (ICC). The ICC must have:
- A senior woman employee as Presiding Officer
- At least two other employees
- One external member from an NGO or legal background
If the employer does not have an ICC, or if the complaint is against the employer, you approach the Local Complaints Committee (LCC) set up by the District Officer.
How to File a Complaint
Submit a written complaint to the ICC within 3 months of the incident (extendable to 6 months for good reason). The ICC must complete its inquiry within 90 days and submit a report to the employer within 10 days after that.
What Relief Can You Get?
Based on the ICC’s findings, the employer can take action including:
- Warning, suspension, or termination of the accused
- Withholding promotion or pay increment
- Transferring the accused or the complainant (with her consent)
- Payment of compensation to the complainant
Confidentiality
The identity of the complainant, the accused, and witnesses must be kept confidential. Breaching confidentiality is itself an offence under the Act.
Criminal Complaint
Filing a POSH complaint does not bar you from also filing a criminal complaint under Section 354A IPC (now BNS) for sexual harassment. An advocate can help you pursue both simultaneously.