The Prevention of Sexual Harassment (POSH) Act, 2013, generally protects women from sexual harassment in workplaces. The Act applies to all workplaces — offices, schools, colleges, factories, shops, hospitals, government departments, and even travel for work.
Who Is Covered?
- Permanent or temporary employees
- Working on a contract or as a consultant
- Interns, trainees, or volunteers
- Visitors or clients present in a workplace
What Is Sexual Harassment?
- Physical contact or advances
- Requests or demands for sexual favours
- Sexually coloured remarks
- Showing sexual content
- Any action that makes the workplace intimidating or unsafe
Employer's Duty
- Setting up an Internal Complaints Committee (ICC) for every organisation with 10 or more employees
- Displaying particulars about the POSH Act and procedures for lodging complaints
- Organising awareness and training programmes
- Acting promptly on complaints
How to File a Complaint?
Written complaints should be submitted to the ICC within three months of the incident.
The ICC must conduct an inquiry and file an inquiry report within 90 days.
If the harassment is proven, the employer should take action regarding the perpetrator — warning, suspension, termination, or financial compensation.
Penalties for Non-Compliance
- Up to 50,000 Rupees
- A heavier fine in case of repeated acts
- Possible cancellation of the business licence
FAQs – POSH Act
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1. What is the POSH Act?
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The Prevention of Sexual Harassment at the Workplace Act, 2013, which is enacted to protect women from sexual harassment at work.
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2. Who can file a complaint under the POSH Act?
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Any woman who is an employee, intern, trainee, visitor, or client who faces sexual harassment at a workplace.
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3. Does the POSH Act apply to men?
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No. The Act provides protection solely to women. However, organisations may have their own policies for grievances filed by men.
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4. What is sexual harassment, according to this law?
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Unwanted physical contact, sexual remarks, requests for sexual favours, display of sexual materials, or an environment that feels unsafe or hostile.
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5. What is an Internal Complaints Committee (ICC)?
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A committee established in workplaces with 10 or more employees, in compliance with the law, for receiving and investigating complaints.
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6. Who are the members of the ICC?
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It must have a senior woman employee as presiding officer, at least two other employees, and one external member from the NGO or legal background.
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7. How much time do I have to file a complaint?
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It should be filed within 3 months of the occurrence, extendable to 6 months in case of valid reasons.
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8. Can I complain verbally?
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A complaint has to be in writing. If you cannot do so, then the ICC has to assist you in framing it.
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9. What happens after I initiate a complaint?
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The ICC conducts an inquiry, hears both sides, collects evidence, and presents the report within 90 days
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10. What happens if it is concluded that an act of harassment has occurred?
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Different actions ranging from warning, suspension or termination can take place, or the accused can be directed to pay compensation.
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11. Can I request a transfer or leave during the investigation?
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Yes. The ICC can recommend a transfer/change in duties or paid leave for the complainant for up to three months.
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12. And if the company has under ten employees?
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You can file your complaint with a Local Complaints Committee (LCC) set up by the district administration.
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13. Are companies required to conduct POSH training?
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Yes. The employer has to ensure the training of all employees on awareness and the training of ICC members.
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14. What happens if the employer decides to ignore the complaint?
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The employer can be fined up to ₹50,000 for violations, with incarceration for higher penalties on repeat violations.
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15. Does POSH apply for remote work or online jobs?
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Yes. Sexual harassment through video calls, emails or chats during the work period also falls under the Act.
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16. Am I allowed to file a criminal case?
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Yes. The POSH complaint process is independent of the criminal law. You may institute both if the act amounts to a criminal offence.
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17. False cases: what happens to the complainant?
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If it is found out to be knowingly false, the ICC may take action against the complainant; however, this ought to hold no bearing upon the real complaints.
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18. Will my identity be kept confidential?
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Yes. It is mandated under the law to keep the name and details of both parties confidential during and even after the inquiry.
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19. Does the Act apply to househelp?
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Yes. The house help has the right to file complaints at the Local Complaints Committee.
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20. No ICC exists in my organisation; what happens next?
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Such action would have the employer contravening the law; thus, the employer can be imposed with a fine or cancellation of a business licence for non-compliance.
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