The POSH Act, 2013

What the POSH Act is, and who it protects

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is Act 14 of 2013, in force since 9 December 2013. "POSH" is shorthand for prevention of sexual harassment. It was not affected by the 2024 criminal law reforms; it is a workplace statute with its own complaint machinery, and it sits alongside the criminal law rather than replacing it (s. 28).

The person the Act protects is the "aggrieved woman", and the definition is wide on purpose. At a workplace she is "a woman, of any age whether employed or not" who alleges sexual harassment. That covers a visitor, a client, a job applicant or a contractor’s employee as much as a staff member. In a dwelling place or house, it covers a woman employed there — a domestic worker.

The Act protects women specifically. It does not create a complaint route for men or for others, and an employer’s own policy that does so is going beyond the statute rather than applying it.

What counts as sexual harassment under the Act

Section 2(n) defines sexual harassment as including any one or more unwelcome acts or behaviour, "whether directly or by implication". The test is that the conduct is unwelcome; there is no requirement that it be repeated, and no requirement that it be physical.

Section 3(2) adds circumstances that may amount to sexual harassment where they occur in connection with such behaviour: an implied or explicit promise of preferential treatment in employment, an implied or explicit threat of detrimental treatment, an implied or explicit threat about present or future employment status, interference with work or creating an intimidating, offensive or hostile work environment, and humiliating treatment likely to affect her health or safety.

What "workplace" and "employee" mean

Section 2(o) defines workplace broadly. It covers government bodies and bodies substantially funded by government, private-sector organisations, hospitals and nursing homes, sports institutes and venues, and — importantly — "any place visited by the employee arising out of or during the course of employment including transportation by the employer", and "a dwelling place or a house".

So harassment on a client visit, at an off-site event, or in a vehicle the employer arranged, can fall within the Act. The question is the connection to employment, not the address.

"Employee" in section 2(f) is equally wide. It includes regular, temporary, ad hoc and daily-wage workers, people engaged through an agent or contractor — "with or, without the knowledge of the principal employer" — and people working "whether for remuneration or not, or working on a voluntary basis or otherwise". It expressly includes a co-worker, a contract worker, a probationer, a trainee and an apprentice, "or called by any other such name" — so an intern is within it whatever the title.

The Internal Committee and the Local Committee

Every employer must constitute an Internal Committee by written order (s. 4(1)), and where offices are in different places, one at each administrative unit. It must be chaired by a Presiding Officer who is a woman employed at a senior level, with at least two employee members and one external member from a non-governmental organisation or someone familiar with sexual harassment issues. At least half the members must be women, and members hold office for up to three years (s. 4(2)–(3)).

The committee was originally called the "Internal Complaints Committee". The Repealing and Amending Act, 2016 renamed it the "Internal Committee" with effect from 6 May 2016, and renamed the "Local Complaints Committee" the "Local Committee" at the same time. Many policies and pages still use the old names.

The Local Committee is constituted by the District Officer for each district (s. 6). It hears complaints from workplaces that have not constituted an Internal Committee because they have fewer than ten workers, and complaints against the employer personally. A nodal officer in every block, taluka, tehsil, ward or municipality receives complaints and forwards them within seven days.

What the Act requires of an employer, and the penalty for ignoring it

Section 19 lists the employer’s duties. They include providing a safe working environment, displaying the penal consequences of sexual harassment and the order constituting the Internal Committee at a conspicuous place, running workshops and awareness programmes and orientation for committee members, giving the committee the facilities and information it needs, securing the attendance of the respondent and witnesses, and helping the woman if she chooses to file a criminal complaint.

The employer must also act on the committee’s recommendation within sixty days of receiving it (s. 13(4)), and include the number of cases filed and disposed of in its annual report (s. 22).

Under section 26, an employer who fails to constitute an Internal Committee, fails to act under sections 13, 14 and 22, or otherwise contravenes the Act or its rules is punishable with a fine of up to fifty thousand rupees. A second conviction for the same offence exposes the employer to twice the punishment and to cancellation or non-renewal of the licence or registration needed to carry on its business.