The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — popularly the POSH Act — is the primary law on workplace harassment in India. It applies to every workplace, organised or unorganised, public or private, with women employees.

Important: A complaint must be made within 3 months of the incident, extendable by another 3 months for valid reason. Document each incident with date, time, place, and witnesses as soon as it happens — memory fades and the timeline is unforgiving.

What counts as sexual harassment?

Section 2(n) defines sexual harassment broadly: physical contact and advances, demand or request for sexual favours, sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. Crucially, the conduct does not have to be repeated — a single instance can amount to harassment.

Mandatory employer obligations

  • Constitute an Internal Committee (IC) at every workplace with 10+ employees.
  • Display the penal consequences and the IC composition prominently.
  • Conduct workshops and awareness programmes.
  • File annual returns to the District Officer.
  • Provide assistance to the complainant and ensure protection from retaliation.

How to file a complaint

  1. Submit a written complaint to the Internal Committee within 3 months of the incident (extendable for valid reasons).
  2. Six copies along with supporting documents and names of witnesses.
  3. For workplaces without an IC (less than 10 employees), file with the Local Committee at the District level.
  4. The IC may attempt conciliation if the woman requests, otherwise inquiry begins.

IC inquiry procedure and timeline

  1. Inquiry must be completed within 90 days.
  2. Both parties get a fair opportunity to be heard; cross-examination is via the IC, not directly.
  3. Identity of the parties and witnesses is kept strictly confidential.
  4. IC submits the inquiry report within 10 days; employer must act within 60 days.

Warning: Retaliation against the complainant — transfer, denial of promotion, hostile reviews — is itself an offence under POSH and can be punished separately. If retaliation begins, escalate immediately to the Local Committee or Labour Court.

Remedies the IC can recommend

  • Written apology.
  • Warning, reprimand, or censure.
  • Withholding of promotion, pay rise, or increments.
  • Termination of service.
  • Counselling or community service.
  • Compensation deducted from wages of the respondent.
  • Interim reliefs during inquiry: transfer of complainant or respondent, leave up to 3 months, restraining contact.

Harassment cases are won by documentation and timing — emails, chat screenshots, witnesses, and a complaint within 3 months. If the IC is not constituted or is biased, the complaint goes directly to the Local Committee or police; criminal action under the IPC is parallelly available in serious cases.