Sexual harassment at the workplace is not merely a personal wrong—it is a violation of dignity, equality, and the right to work with safety. For decades, such misconduct remained invisible, normalised, or silenced. The POSH law was enacted to correct that failure and impose legal accountability on workplaces, not just individuals.
The law is preventive, corrective, and protective. It is not optional. It is binding.
What Is the POSH Law
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, provides a legal framework to:
- Prevent sexual harassment at workplaces
- Prohibit such conduct
- Provide a mechanism for redressal of complaints
The law applies across public and private sectors, organised and unorganised workplaces alike.
Why the POSH Law Was Introduced
Sexual harassment creates:
- A hostile work environment
- Fear and insecurity
- Unequal participation of women in the workforce
Before this law, victims had no specialised, internal mechanism for redressal. POSH law fills that gap by shifting responsibility from the victim to the institution.
Workplaces are no longer neutral spaces. They are legally accountable spaces.
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What Constitutes Sexual Harassment
Sexual harassment includes any unwelcome act or behaviour of a sexual nature, whether direct or implied.
This includes:
- Physical contact or advances
- Demand or request for sexual favours
- Sexually coloured remarks
- Showing pornography
- Any unwelcome physical, verbal, or non-verbal conduct of sexual nature
Intent is irrelevant.
Impact on the victim is decisive.
What Is a “Workplace” Under POSH Law
The law adopts a broad and modern definition of workplace.
It includes:
- Offices, factories, institutions, hospitals
- Educational institutions
- Government and private establishments
- Any place visited by the employee during employment
- Work-from-home and virtual workplaces
If work happens there, POSH applies there.
Who Is Protected Under POSH Law
The POSH law protects:
- Women employees
- Interns and trainees
- Contractual and temporary workers
- Visitors and clients (in certain contexts)
Protection is not limited to salary-based employment.
Vulnerability, not designation, is the concern.
Employer’s Legal Obligations
Employers are the primary duty-holders under the POSH law.
They must:
- Provide a safe working environment
- Display POSH policy and awareness notices
- Organise regular sensitisation and training
- Assist the complainant during inquiry
- Ensure confidentiality
- Take action on committee recommendations
Failure to comply attracts statutory penalties.
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Internal Complaints Committee (ICC)
Every workplace with 10 or more employees must constitute an Internal Complaints Committee (ICC).
The ICC must include:
- A Presiding Officer (senior woman employee)
- At least two internal members
- One external member with experience in women’s rights or law
The presence of an external member ensures independence and fairness.
Without a valid ICC, the employer is already in violation of the law.
Filing a Complaint
A complaint must be filed:
- In writing
- Within three months of the incident
- Before the Internal Complaints Committee
The law allows extension of time if sufficient cause is shown. Procedural rigidity cannot defeat substantive justice.
Inquiry Process
The ICC conducts a time-bound inquiry following principles of natural justice.
Key features:
- Opportunity of hearing to both parties
- Confidential proceedings
- No victim-blaming
- Written findings
The inquiry is not a criminal trial. It is a disciplinary fact-finding process.
Reliefs Available to the Aggrieved Woman
During or after inquiry, the ICC may recommend:
- Written apology
- Warning or reprimand
- Suspension or termination
- Deduction from salary as compensation
- Transfer of respondent or complainant
- Counselling or corrective measures
The objective is accountability, not vengeance.
Confidentiality Requirement
The law strictly prohibits:
- Disclosure of complaint details
- Identity of parties
- Inquiry proceedings or outcome
Breach of confidentiality attracts penalties.
POSH law protects dignity through silence, not spectacle.
Penalties for Non-Compliance
Employers who fail to comply with POSH obligations may face:
- Monetary penalties
- Cancellation of business licenses
- Reputational damage
- Repeated violations leading to enhanced punishment
Ignoring POSH compliance is not ignorance—it is legal negligence.
POSH Law Is Preventive, Not Anti-Employer
Let’s be clear.
POSH law is not designed to:
- Encourage false complaints
- Target employers
- Criminalise workplaces
It is designed to:
- Set boundaries
- Create safe environments
- Resolve issues internally before escalation
A compliant workplace protects both employees and employers.
Common Misconceptions
- POSH applies only to women employees → Incorrect
- Only physical acts amount to harassment → Incorrect
- Employer can avoid responsibility by outsourcing → Incorrect
- Internal committee decisions are optional → Incorrect
POSH law is strict because silence was once normalised.
Importance of POSH Law
POSH law:
- Empowers women to speak without fear
- Forces organisations to act responsibly
- Improves workplace culture
- Strengthens constitutional values of equality and dignity
A workplace that ignores safety cannot claim professionalism.
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The POSH law is not just about handling complaints. It is about changing workplace culture.
It tells employers:
Safety is your duty.
Silence is not compliance.
It tells employees:
You have rights.
You will be heard.
A workplace that respects POSH is not just legally compliant—it is institutionally mature.
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