What Is the POSH Act and Who Does It Protect?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — commonly called the POSH Act — is the primary legislation governing workplace sexual harassment in India. It codifies the principles laid down by the Supreme Court in the landmark Vishaka v. State of Rajasthan (1997) judgment and provides a structured, time-bound mechanism for redressal.
The Act protects women employees — including regular, contractual, temporary, part-time, domestic, and apprentice workers — across all workplaces, whether private, public, organised, or unorganised. You can read the full text of the Sexual Harassment of Women at Workplace Act, 2013 to understand its scope.
What Counts as Sexual Harassment Under the Act?
Section 2(n) of the POSH Act defines sexual harassment broadly. It includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication):
- Physical contact or advances
- Demand or request for sexual favours
- Making sexually coloured remarks
- Showing pornography
- Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature
The Act also recognises circumstances such as implied or explicit promises of preferential treatment, threats of detrimental treatment, and conduct that creates a hostile work environment as constituting sexual harassment under Section 3.
The Two Committees: IC vs. LC
Before filing a POSH act complaint, you must identify the correct forum:
- Internal Committee (IC): Every employer with 10 or more employees must constitute an IC under Section 4 of the Act. The IC is the first point of contact for complaints at such organisations.
- Local Committee (LC): Where the workplace has fewer than 10 employees, or where the complaint is against the employer themselves, the complaint goes to the LC. The LC is constituted at the district level by the District Officer (usually the District Collector or District Magistrate) under Section 4 read with Section 6 of the Act.
Tip: Domestic workers who face harassment by an employer or a member of the employer's household must file their complaint with the Local Committee, not an IC.
Limitation Period: Do Not Wait Too Long
Under Section 9 of the POSH Act, a written complaint must be filed within three months of the date of the incident, or the last incident in a series of incidents. The IC or LC has discretion to extend this period by a further three months if it is satisfied that circumstances prevented the complainant from filing in time. Beyond six months in total, the complaint is ordinarily not maintainable. Act promptly to preserve your rights.
Step-by-Step: Filing a POSH Act Complaint with the Internal Committee
The following steps apply to workplaces that have constituted an IC:
- Document everything: Before filing, gather evidence — emails, messages, screenshots, dates, times, names of witnesses, and a chronological account of events. Contemporaneous notes are especially valuable.
- Write a written complaint: Address the complaint in writing to the Presiding Officer of the IC (usually a senior woman employee). State the facts clearly and specifically — what happened, when, where, and who was involved. Attach copies of documentary evidence.
- Submit six copies: Under Rule 6 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013, submit six copies of the complaint. The IC must provide one copy to the respondent within seven days of receiving it.
- Request interim relief if needed: Under Section 12, you may request interim measures such as a transfer, grant of leave up to three months, or restraining the respondent from reporting on your work performance while inquiry is pending.
- Participate in inquiry: The IC must complete the inquiry within 60 days of receiving the complaint. Both parties are given an opportunity to be heard. You may be accompanied by a colleague or union representative, but legal representation by a lawyer before the IC is generally not permitted unless both parties consent.
- Receive the IC report: The IC submits its findings to the employer within 10 days of completing the inquiry. The employer must act on the recommendations within 60 days.
Step-by-Step: Filing with the Local Committee
If the IC is absent, has fewer than 10 employees, or the complaint is against the employer, file with the LC:
- Approach the office of the District Collector or the designated District Officer in your district. Contact details are typically available on the official district administration website.
- Submit a written complaint in the same manner as described above — factual, specific, with copies of evidence — and provide six copies.
- The LC follows the same inquiry procedure and timelines as the IC under Chapter IV of the Act.
Conciliation: An Alternative Before Full Inquiry
Section 10 of the POSH Act permits the complainant — and only the complainant, not the respondent — to request conciliation before an inquiry begins. This is a voluntary settlement process. Importantly, monetary settlement cannot be the sole basis of conciliation. If conciliation succeeds, the IC or LC records the settlement and no further inquiry is conducted. If it fails, inquiry proceeds. Any settlement under Section 10 is final and binding, so seek informed guidance before agreeing to terms.
Possible Outcomes and Penalties
If the IC or LC finds the respondent guilty, it may recommend under Section 13:
- Action as per the service rules of the respondent (warning, suspension, termination)
- Deduction of compensation from the respondent's salary and payment to the aggrieved woman
- Where service rules are absent, the employer must take action consistent with the gravity of the misconduct
If the complaint is found to be malicious or false, the complainant may also face action under Section 14. However, mere inability to prove a complaint does not amount to a false complaint.
Tip: If dissatisfied with the IC or LC decision, Section 18 of the POSH Act allows both the complainant and the respondent to file an appeal before the appropriate appellate authority (usually a Court or Tribunal designated under the Act) within 90 days of the report being communicated.
Non-Compliance and Employer Obligations
Employers who fail to constitute an IC, fail to act on recommendations, or do not conduct mandatory annual awareness programmes can be penalised under Section 26 — a fine of up to Rs. 50,000 for a first offence, and cancellation or non-renewal of business licences for repeat offences. Employees who suspect employer non-compliance may also raise a grievance through the Centralised Public Grievance Redress portal.
Can a Criminal Complaint Run Simultaneously?
Yes. Filing a POSH act complaint with the IC or LC does not bar a parallel criminal complaint. Acts that amount to sexual harassment may also constitute offences under Sections 74, 75, 76, and 79 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the Indian Penal Code from 1 July 2024. The complainant may approach the police and file an FIR for criminal acts independently of the civil redressal process under POSH. For guidance on the difference between an FIR and a complaint, see this explainer on FIR vs Complaint.
Common Mistakes to Avoid
- Delaying the complaint: Waiting beyond three months risks the complaint being time-barred.
- Vague language: Describing incidents in general terms weakens the complaint. Be specific about dates, places, and conduct.
- Not retaining evidence: Delete nothing. Archive emails, chat logs, and call records before filing.
- Sharing details widely: Section 16 mandates strict confidentiality. Publicly disclosing complaint details can attract penalties and harm proceedings.
- Confusing the IC with HR: The IC is a distinct statutory body. A complaint to HR alone may not initiate the formal POSH process.
When Should You Consult an Advocate?
While legal representation is restricted before the IC during inquiry, an advocate can help you draft the initial complaint accurately, advise on evidence preservation, assess whether criminal remedies apply, and represent you in any appellate proceedings under Section 18. If you are looking for employment law specialists, you can browse advocates by practice area and city on LegalFirms.in. You can also browse answered questions on Labour and Employment law or ask a legal question to understand your options before proceeding.
This guide is general legal information, not legal advice. Laws and procedures may vary by state and change over time. Consult a qualified advocate for advice specific to your situation.
Step-by-Step Process
Identify the correct forum
Determine whether your employer has 10 or more employees. If yes, file with the Internal Committee (IC). If not, or if the complaint is against the employer, file with the Local Committee (LC) at your district level.
Document the incidents
Write a detailed chronological account of every incident — dates, times, locations, what was said or done, and any witnesses present. Preserve all digital evidence including emails, messages, and screenshots without deletion.
Draft a written complaint
Prepare a clear, specific written complaint addressed to the Presiding Officer of the IC or the designated District Officer for the LC. Describe each incident factually, identify the respondent, and attach copies of all supporting evidence.
Submit six copies within the limitation period
File six copies of the complaint with the IC or LC within three months of the incident (or last incident in a series). Retain an acknowledged copy for your records. Filing beyond three months risks your complaint being dismissed as time-barred.
Request interim relief if required
If you fear retaliation, a hostile environment, or further contact with the respondent while the inquiry is pending, apply to the IC or LC under Section 12 of the POSH Act for interim measures such as temporary transfer or special leave.
Participate in the inquiry
Cooperate fully with the IC or LC inquiry. Both parties are heard separately. You may bring a colleague or union representative for support. The inquiry must be completed within 60 days of receiving the complaint.
Receive and review the report
The IC or LC submits its findings to the employer or District Officer within 10 days of completing the inquiry. Review the report and recommendations carefully.
Follow up on employer action
The employer must act on IC recommendations within 60 days. If no action is taken, raise the matter with the appropriate authority or seek legal guidance.
File an appeal if dissatisfied
If either party is dissatisfied with the outcome, an appeal can be filed before the designated appellate authority under Section 18 of the POSH Act within 90 days of the recommendation being communicated.
Consider parallel criminal remedies
Assess whether the conduct also constitutes a criminal offence under the Bharatiya Nyaya Sanhita, 2023. If so, file an FIR at the nearest police station independently of the POSH complaint process.