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Sexual Harassment at Workplace — Your Rights under the POSH Act
Every workplace in India with 10 or more employees is legally required to have an Internal Complaints Committee. Here's what the POSH Act, 2013 protects you from and how to file a complaint.
Governing law: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
The POSH Act, 2013 protects women from sexual harassment at the workplace. It applies to every kind of workplace — offices, factories, schools, hospitals, shops, homes where domestic help is employed, and even sites visited during work — regardless of whether the employer is government, private, organised, or unorganised. The Act protects women whether they are permanent, temporary, contractual, trainee, intern, daily-wage, or unpaid, and whether they work directly for the employer or through an agency. Every employer with 10 or more employees must constitute an Internal Complaints Committee (ICC) to receive and investigate complaints; workplaces with fewer than 10 employees, or complaints against the employer themselves, are handled by the Local Complaints Committee (LCC) set up by the District Officer.
Frequently Asked Questions
What counts as sexual harassment under the POSH Act?
The Act defines it broadly: any unwelcome act or behaviour of a sexual nature, whether physical, verbal, or non-verbal. This includes unwelcome physical contact or advances, requests for sexual favours, sexually coloured remarks, showing pornography, or any other unwelcome conduct of a sexual nature. Circumstances that amount to harassment also include implied or explicit promises of preferential treatment, threats about employment status, interference with work, or creation of an intimidating, offensive, or hostile work environment.
Source: POSH Act 2013, Section 2(n) and Section 3
How long do I have to file a POSH complaint?
A written complaint must be filed with the ICC (or LCC) within 3 months of the incident. Where there is a series of incidents, the 3-month period runs from the date of the last incident. The ICC has the discretion to condone delay beyond this period if it is satisfied that the delay was for reasons that prevented the complainant from filing earlier — the reasons must be recorded in writing.
Source: POSH Act 2013, Section 9(1)
What if my workplace has fewer than 10 employees, or the accused is my employer?
In both cases you can approach the Local Complaints Committee (LCC), which is constituted by the District Officer of the district where you work. The LCC handles complaints from workplaces without an ICC, complaints against the employer themselves, and complaints from unorganised or informal workplaces (including domestic workers).
Source: POSH Act 2013, Section 6 and Section 9(1)
What can happen to the person I complain against?
If the ICC/LCC finds the allegation proved, it can recommend disciplinary action which may include written apology, warning, reprimand, withholding of promotion or increments, termination from service, deduction of compensation from the respondent's salary payable to the aggrieved woman, or referral for criminal prosecution. During the inquiry, the aggrieved woman can also request interim relief — transfer of herself or the respondent to a different workplace, or leave of up to 3 months, or restraining the respondent from supervising her.
Source: POSH Act 2013, Sections 12 and 13
What if the ICC finds the complaint was malicious?
The Act does allow the ICC to recommend action against a complainant if the complaint is found to be malicious or knowingly false — but the Supreme Court and multiple High Courts have clarified that inability to prove a complaint is NOT the same as it being malicious. Malicious intent must be specifically established with evidence; a good-faith complaint that fails to meet the evidentiary standard does not attract this provision.
Source: POSH Act 2013, Section 14
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