Legal Protection from Workplace Harassment in India: POSH Act Simplified

The POSH Act was made to protect women from sexual harassment at the workplace and ensure they feel safe and respected while working.

What the Act Does:

• Defines sexual harassment clearly – including unwanted touch, comments, jokes, staring, showing pornography, or making work conditions uncomfortable for a woman.
• Covers both public and private sectors, including schools, colleges, hospitals, NGOs, and even homes (for domestic workers).
• Applies to all women – whether regular, temporary, trainee, intern, or even visitors.
• Requires every company/institution with 10 or more employees to set up an Internal Committee (IC) to handle complaints.

Key Features:

• Time limit to file a complaint: within 3 months of the incident (can be extended in some cases).
• Confidentiality must be strictly maintained during investigation.
• Punishment can include a written apology, salary deduction, termination, or legal action.
• If false complaints are proven, action can also be taken – but only after fair inquiry.

Purpose:

To make sure women feel safe at work and sexual harassment is not ignored or hidden.

POSH Act, 2013 – Frequently Asked Questions

1. Q. What is the POSH Act?
   A. It's a law to prevent and deal with sexual harassment of women at workplaces.
2. Q. Who is protected under this law?
   A. All women working in any capacity — full-time, part-time, interns, daily-wage, contract workers, or even visitors.
3. Q. What counts as sexual harassment?
   A. Unwanted touch, lewd comments, staring, jokes, showing obscene content, demands for sexual favors, etc.
4. Q. Does it apply to men?
   A. No. This Act is specifically for women, though men can face action under other laws.
5. Q. Can it be applied to colleges or schools?
   A. Yes. It applies to educational institutions too.
6. Q. What is an Internal Committee (IC)?
   A. It’s a group in every office (with 10+ employees) to receive and investigate sexual harassment complaints.
7. Q. What if there are fewer than 10 employees?
   A. A complaint can be made to the Local Committee set up by the district authorities.
8. Q. How long does a woman have to file a complaint?
   A. Normally 3 months from the incident, but it can be extended in some cases.
9. Q. Does it apply to domestic workers?
   A. Yes, even housemaids and domestic workers are covered under the Act.
10. Q. Is verbal harassment also covered?
    A. Yes, comments, jokes, or sexual remarks are also harassment.
11. Q. Can action be taken against the boss/manager?
    A. Yes, the law applies to any person in the workplace, regardless of position.
12. Q. What punishment can the harasser get?
    A. It depends — from a warning to termination, and sometimes legal action.
13. Q. Is the complaint kept private?
    A. Yes, the name and details are confidential and can't be shared publicly.
14. Q. Can someone file on behalf of the victim?
    A. Yes, especially if the victim is unable to file herself.
15. Q. Can a false complaint be punished?
    A. Yes, but only if it's proven false after a full inquiry.
16. Q. What is the time limit for completing the inquiry?
    A. The Internal Committee should finish the process in 90 days.
17. Q. Can the victim take legal action separately?
    A. Yes, she can also file an FIR or case under IPC if needed.
18. Q. Is POSH training mandatory?
    A. Yes, companies must create awareness and conduct regular sessions.
19. Q. Is remote/online harassment covered?
    A. Yes, emails, messages, or video calls with harassment are also covered.
20. Q. Can men be on the Internal Committee?
    A. Yes, but the committee must be headed by a senior woman, and at least half the members must be women.
21. Q. Can a woman advocate file a sexual harassment complaint under the POSH Act?
    A. No. The Bombay High Court clarified that the POSH Act does not apply to practicing advocates, as they are not employees.