POSH – Prevention of Sexual Harassment at Workplace
Contents
Table of Contents
Evolution
The POSH Act has its roots in a tragic incident from 1992, when Bhanwari Devi, a grassroots worker in Rajasthan, was tasked with preventing child marriages in her community. While successfully stopping the marriage of a one-year-old girl, she faced severe backlash and harassment from local men. Despite reporting the harassment to the authorities, no action was taken. This negligence led to a horrific outcome—Bhanwari was gang-raped by those same men.
Her case highlighted the pervasive sexual violence faced by working women across India, regardless of their location. It also underscored the dangers of ignoring sexually offensive behavior in the workplace. In response to this, Vishaka and other women’s groups filed a Public Interest Litigation (PIL) against the State of Rajasthan and the Union of India in the Supreme Court. They argued that sexual harassment must be recognized as a violation of women’s fundamental right to equality and that all workplaces should be held accountable for protecting these rights.
Quote in the famous Vishaka case:
“The meaning and content of the fundamental rights guaranteed in the Constitution of India are of sufficient amplitudes to encompass all facets of gender equality...”
In response to this growing issue, the Indian government enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act. This legislation, introduced by the Ministry of Women and Child Development, specifically addresses workplace sexual harassment.
The key three pillars are:
Prevention -> Prohibition -> Redressal
Further, now with globalization, women’s roles in the workforce have dramatically expanded. However, as more women join the workforce, the issue of sexual harassment at work has become increasingly significant.
Sexual harassment in the workplace is not just a violation of basic rights; it is a form of gender discrimination that undermines a woman’s fundamental rights to equality and life, as guaranteed by Articles 14, 15, and 21 of the Indian Constitution.
The primary goal of the POSH Act is to prevent sexual harassment at the workplace, protect women from such abuse, and ensure that complaints are effectively addressed. The law is designed to provide every woman—regardless of her age or employment status—a safe and dignified work environment, free from all forms of harassment. However, despite the law being in place since 2013, its effective implementation remains a challenge.
Many people are still unclear about what constitutes sexual harassment, the responsibilities of employers, the remedies available to victims, and the proper procedures for investigation. There’s also a general lack of awareness about the criminal consequences of such behavior.
Often, inappropriate jokes or comments are brushed off as harmless, and many women hesitate to take action due to fear of disbelief or ridicule. This highlights the need for greater awareness and stricter enforcement of the law.
Key Provisions
As per the POSH Act, an ‘aggrieved woman’ in relation to a workplace, is a woman of any age, whether employed or not, who alleges to have been subjected to any act of sexual harassment. Given that the definition does not necessitate the woman to be an employee, even a customer, client, temporary worker, intern, vendor, visitor, who may be sexually harassed at a workplace can claim protection under the POSH Act. The POSH Act further stipulates that a woman shall not be subjected to sexual harassment at her workplace.
Accordingly, it may be noted that inorder for a woman to claim protection under the POSH Act, the incident of sexual harassment should have taken place at the ‘workplace’.
It is a formal legislation which has come into force on 9th December, 2013 and mandatorily applies to all organisations established in India, irrespective of the size of the organisation or whether it has a female employee or not.
A complainant can be an aggrieved woman herself or if she is physically incapable, the complaint can be filed by a relative, friend, co-worker or any one aware of the incident, with her written consent.
An important feature of the POSH Act is that it envisages the setting up of a grievance redressal forum.
A. Internal Committee
The POSH Act requires an employer to set up an ‘internal committee’ (“IC”) at each office or branch, of an organization employing 10 or more employees, to hear and redress grievances pertaining to sexual harassment. Failure to constitute the IC has led to imposition of a fine under the POSH Act.
B. Constitution of the IC
| Presiding Officer | Women employed at a senior level at the workplace from amongst the employees. | |
| Members | Not less than 2 members from amongst the employees. Preferably committed to the cause of women or who have had experience in social work or have legal knowledge. | |
| External Member | From an NGO or association committed to the cause of women or person familiar with issues relating to sexual harassment. | |
| Not less than half of the IC Members shall be women The term of the IC members shall not exceed 3 years A minimum of 3 Members of the IC including the Presiding Officer are to be present for conducting the inquiry. | ||
The definition of an ‘employee’ under the POSH Act is fairly wide to cover regular, temporary, ad hoc employees, individuals engaged on a daily wage basis, either directly or through an agent, contract labourers, co-workers, probationers, trainees, and apprentices, with or without the knowledge of the principal employer, whether for remuneration or not, working on a voluntary basis or otherwise, whether the terms of employment are express or implied.
The POSH Act is not a gender-neutral legislation and protects only women. Therefore, the safeguards under the POSH Act are not applicable to ‘men’ victims although employers may choose to extend the protection through their policy.
The POSH Act stipulates that the IC and LC shall, while inquiring into a complaint of workplace sexual harassment, have the same powers as vested in a civil court under the Code of Civil Procedure, 1908 when trying a suit in respect of:
i. summoning and enforcing the attendance of any person and examining him on oath;
ii. requiring the discovery and production of documents; and
iii. any other matter which may be prescribed.
The Department of Women and Child Development of Telangana and Maharashtra has issued a circular (on 01.07.2019 for Telangana) and an office order (on 23.03.2017 for Mumbai) mandating registration of the IC in Telangana & Mumbai.
The POSH Act extends to the ‘whole of India’.
As per the POSH Act, ‘sexual harassment’ includes unwelcome sexually tinted behaviour, whether directly or by implication, such as
(i) physical contact and advances,
(ii) demand or request for sexual favours,
(iii) making sexually coloured remarks,
(iv) showing pornography, or
(v) any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
The following circumstances, among other circumstances, if they occur or are present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment:
implied or explicit promise of preferential treatment in employment;
implied or explicit threat of detrimental treatment in employment;
implied or explicit threat about present or future employment status;
interference with work or creating an intimidating or offensive or hostile work environment; or humiliating treatment likely to affect the lady employee’s health or safety.
The POSH Act (Prevention of Sexual Harassment) of 2013 defines a workplace as any place visited by an employee during the course of their employment, including transportation provided by the employer.
This includes:
i. Premises owned and operated by the government or private parties
ii. Homes where domestic workers are employed
iii. The unorganized sector, which includes enterprises owned by individuals or self-employed workers
The POSH Act also considers an employee’s home to be part of an extended workplace because they may still interact with colleagues and work there. This means that an employee’s actions at home may fall under the purview of the POSH Act. According to POSH Act, this makes “home” also a workplace. because Physical contact is not necessary to be considered in sexual harassment. Any behaviour that makes the workplace hostile also comes under SH. The Sikkim High Court has also emphasized the inclusive nature of the POSH Act’s workplace definition, and has stated that the use of social media platforms is a big part of the workplace. When determining whether a coworker has been harassed, messages of any kind will be taken into account.
The POSH Act also requires most organizations in India to have an anti-sexual harassment policy that covers workplace conduct, social media usage, and reporting mechanism.
Complaint Mechanism
An aggrieved woman who experiences sexual harassment can file a written complaint with the Internal Complaints Committee (IC) within 3 months of the incident. If it involves a series of incidents, the complaint must be submitted within 3 months from the last occurrence. The complaint should include supporting documents and the names and addresses of any witnesses.
If the complainant is unable to file within the 3-month period for valid reasons, the IC may extend the deadline, provided the reasons are documented in writing.
In special cases, the law allows friends, relatives, co-workers, psychologists, or psychiatrists to file the complaint on behalf of the aggrieved woman in cases of physical or mental incapacity or in the event of her death.
The Internal Complaints Committee (IC) may initiate a conciliation process at the request of the aggrieved woman to facilitate an amicable settlement between the parties before proceeding with the complaint.
Once a sexual harassment complaint is filed, the aggrieved woman can request the IC to attempt conciliation between the parties prior to the start of the inquiry proceedings. However, it’s important to note that monetary compensation cannot be used as the basis for the settlement.
If a settlement is reached, the IC will document the terms of the agreement and provide copies to both the aggrieved woman and the respondent.
After a settlement has been made, the IC will no longer conduct an inquiry under the POSH Act.
At the request of the complainant, the IC may recommend to the employer to provide interim measures such as:
i. transfer of the aggrieved woman or the respondent to any other workplace;
ii. granting leave to the aggrieved woman up to a period of 3 months in addition to her regular statutory/ contractual leave entitlement;
iii. restrain the respondent from reporting on the work performance of the aggrieved woman or writing her confidential report, which duties may be transferred to other employees.
The POSH Act prescribes the following punishments that may be imposed by an employer on an employee for indulging in an act of sexual harassment:
i. punishment prescribed under the service rules of the organization;
ii. if the organization does not have service rules, disciplinary action including written apology, warning, reprimand, censure, withholding of promotion, withholding of pay rise or increments, terminating the respondent from service, undergoing a counselling session, or carrying out community service; and
iii. deduction of compensation payable to the aggrieved woman from the wages of the respondent.
The POSH Act also envisages payment of compensation to the aggrieved woman. The compensation payable shall be determined based on:
i. the mental trauma, pain, suffering and emotional distress caused to the aggrieved employee;
ii. the loss in career opportunity due to the incident of sexual harassment;
iii. medical expenses incurred by the victim for physical/ psychiatric treatment;
iv. the income and status of the alleged perpetrator; and
v. feasibility of such payment in lump sum or in installments.
In the event that the respondent fails to pay the aforesaid sum, IC may forward the order for recovery of the sum as an arrear of land revenue to the concerned District Officer.
Frivolous Complaints
To prevent misuse of the POSH Act, provisions have been included to address complaints that are deemed “false or malicious.”
Under the POSH Act, if the Internal Complaints Committee (IC) determines that a complaint is false, malicious, or intentionally misleading, the complainant may face disciplinary action as per the organization’s service rules.
In cases where an organization lacks specific service rules, the law allows for disciplinary measures such as a written apology, warning, reprimand, censure, withholding of promotion or pay increments, termination of employment, mandatory counseling sessions, or community service.
The POSH Act also clarifies that the inability to substantiate a complaint or lack of sufficient proof does not automatically imply that the complaint is false or malicious.
Confidentiality
Understanding the sensitivity surrounding sexual harassment cases, the POSH Act places a strong emphasis on maintaining confidentiality throughout the process. This is a key aspect of ensuring a fair and respectful resolution for all parties involved.
The POSH Act explicitly states that any information related to a sexual harassment complaint cannot be disclosed under the provisions of the Right to Information (RTI) Act, 2005. This protects the privacy of the individuals involved and ensures that sensitive details do not become publicly accessible.
Furthermore, the Act prohibits the release of any details regarding the complaint, including the identities and addresses of the complainant, respondent, and witnesses. Additionally, information related to conciliation or inquiry proceedings, recommendations made by the Internal Complaints Committee (IC) or Local Committee (LC), and actions taken as a result, must not be disclosed to the public, press, or media in any form.
However, the POSH Act does allow for the sharing of information regarding the justice secured in a sexual harassment case—without revealing names, addresses, or any other identifying details of the complainant or witnesses. By highlighting the outcome of such cases, organizations can send a powerful message about their commitment to workplace safety and their zero-tolerance policy towards sexual harassment.
Sharing these outcomes can serve as a deterrent to potential offenders and reinforce the idea that the company is serious about creating a safe, harassment-free work environment for all employees.
Breach of the obligation to maintain confidentiality by a person entrusted with the duty to handle or deal with the complaint or conduct the inquiry, or make recommendations or take actions under the statute, is punishable in accordance with the provisions of the service rules applicable to the said person or where no such service rules exist, a fine of INR 5,000.
Inquiry Reports
The IC is required to prepare a comprehensive report detailing the proceedings, which must be submitted to the organization’s management within 10 days of the inquiry’s conclusion. A copy should also be shared with both the complainant and the respondent. The following key elements should be included in the report:
- The report must be thorough, containing all pertinent information regarding the complaint, along with the IC’s conclusions and the recommended actions, supported by clear reasons.
2. Specific details to be incorporated in the Inquiry Report include:
- Date of the complaint: Confirmation that it was filed within the applicable time frame (3 or 6 months from the last incident of sexual harassment).
- Names of the parties involved.
- Allegations presented in the complaint.
- Details of the IC members involved in the inquiry.
- Interim relief granted by the IC, if any.
- Names of witnesses, if applicable.
- Documentary evidence considered by the IC.
- Findings and reasoning behind the IC’s conclusions.
- Written representation from any party, if submitted.
- IC’s reasoning for accepting or rejecting the representation(s).
- Recommendations for action to be taken by management, based on the inquiry’s outcome.
- Annexures, disclaimers, and other relevant documents that are essential to the case, depending on the facts and circumstances.
Policy Template
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Sample Policy: Here
Happier @ Workplace
The POSH Act is built on the pillars of prevention, prohibition, and redressal, with prevention being the first and most crucial step, followed by prohibition, and finally redressal. For any society or organization to thrive and grow, men and women must coexist harmoniously. Both genders are equally vital, and this balance can be achieved through genuine awareness and by fostering a culture of equality—not just in words, but in action.
In the fast-paced world of business, with evolving teams and new hires, it’s essential to continually nurture a workplace culture that discourages inappropriate behaviour. While we aim to prevent such incidents, we must also be prepared to prohibit unacceptable actions and address them effectively when necessary.
At RGA, we firmly believe that the cost of prevention is far more beneficial than the effort of correction. Let us collaborate with you to make your organization a more positive, inclusive, and happier place to work.
POSH compliance refers to the obligations outlined under the Prevention of Sexual Harassment Act, 2013, which requires each organization should provide a conducive workplace environment for employees by formulating the policies and ensure formation of an Internal Committee (IC) to address and resolve complaints of sexual harassment. It’s essential to protect your employees, promote a safe workplace, and avoid legal repercussions.
Yes, all organization has to follow the guidelines under POSH. Any organization with 10 or more employees is legally required to comply with additional POSH regulations by setting up an Internal Committee and following the prescribed processes for handling harassment complaints.
Organizations can prevent sexual harassment by implementing robust POSH policies, conducting regular awareness programs, displaying posters and providing multiple reporting channels, and fostering a zero-tolerance culture towards harassment.
POSH compliance not only ensures legal adherence but also promotes a safer, more inclusive workplace, reduces risks of litigation, and fosters trust among employees.
A POSH policy should outline what constitutes sexual harassment, provide a clear reporting mechanism, detail the formation and function of the IC, and include disciplinary actions for proven misconduct.
An Internal Committee (IC) under the POSH Act (Prevention of Sexual Harassment Act, 2013) is a legally mandated body established within organizations to address and resolve complaints of sexual harassment in the workplace. Organizations with 10 or more employees are required to form an IC to ensure compliance with the POSH Act and to foster a safe and respectful workplace.
The IC must include a Presiding Officer who is a senior female employee of the organization. Additionally, there should be at least two members from within the organization who are dedicated to women’s rights, social work, or possess legal expertise. An external member, such as an expert from an NGO or someone knowledgeable about workplace harassment, is also required. The IC must maintain gender balance, with at least 50% of its members being women.
The IC is responsible for receiving and investigating complaints of sexual harassment. It must consist of internal and external members, with at least half of the members being women, ensuring gender diversity and impartiality.
Failure to establish an IC where 10 or more employees are working, is a violation of the POSH Act, which can result in legal penalties, fines, and reputational damage.
External IC members ensure neutrality and professional guidance during the inquiry process. RGA’s experts bring in-depth legal knowledge, impartial judgment, and practical experience, helping maintain fairness and compliance throughout proceedings.
External IC members should have expertise in the field of law, social work, or possess relevant knowledge about workplace issues, particularly concerning women and gender equality.
POSH training is essential to raise awareness among employees about sexual harassment, their rights, responsibilities, and the correct procedures for reporting incidents. It promotes a safe and respectful workplace culture.
POSH training should be conducted at least once a year for all employees. Regular refresher sessions are recommended to ensure continuous awareness and compliance.
POSH training for IC members covers legal aspects of the POSH Act, the roles and responsibilities of the IC, how to conduct fair and unbiased inquiries, documentation, confidentiality, and handling sensitive cases.
All employees, including full-time, part-time, contractual, and temporary staff, should attend POSH training. IC members also require specialized training to fulfill their roles effectively.
Regular training is recommended, at least
. annually. This keeps employees aware of their rights and responsibilities and reinforces a culture of respect and awareness in the workplace.
Yes, many organizations offer POSH training in both physical and online formats, allowing employees in remote or multi-location offices to access the training easily.
Yes, RGA offers online training sessions and e-learning modules that can be accessed remotely, ensuring that employees across different locations can receive POSH training.
Yes, POSH training can be tailored to fit your organization’s specific needs, industry requirements, and workplace culture, ensuring relevance and maximum impact.
Employee POSH training typically covers what constitutes sexual harassment, legal rights, complaint mechanisms, the role of the IC, and how to maintain a harassment-free workplace.
Yes, organizations can assess training effectiveness through feedback forms, quizzes, and by monitoring employee behaviour and the number of complaints pre- and post-training.
Sexual harassment includes any unwelcome physical contact, sexual advances, requests for sexual favours, and any verbal or non-verbal conduct of a sexual nature that creates a hostile work environment.
Yes, employees can file complaints anonymously. However, the IC will still investigate thoroughly while maintaining confidentiality.
No, the POSH Act specifically addresses the protection of women in the workplace. However, male employees can seek recourse under other applicable workplace harassment laws.
Yes, the POSH Act applies to all employees, including full-time, part-time, temporary, or contractual workers, irrespective of their employment status.
Yes, the POSH Act also applies to harassment by third parties such as clients, vendors, or customers when the harassment occurs in connection with the workplace.
Employees should report the incident to the Internal Committee (IC) as soon as possible, either in writing or through the designated complaint channels outlined by their organization.
While the POSH Act does not prescribe a specific format, organizations are encouraged to provide a structured form to ensure all necessary details are captured, facilitating a smooth inquiry process.
A complaint must be filed within three months of the incident. In certain circumstances, this period can be extended by the Internal Committee (IC) for an additional three months if the complainant provides valid reasons for the delay.
Conciliation is an option where the IC facilitates an agreement between the complainant and respondent before the formal inquiry begins. If successful, no further action is needed. However, it cannot involve a monetary settlement and must be mutually agreed upon.
The IC is required to complete the inquiry process within 90 days from the date the complaint is received. This includes gathering evidence, interviewing witnesses, and conducting hearings.
No, the POSH Act mandates that the inquiry must be completed within 90 days. Extensions are not allowed unless extraordinary circumstances arise, but such cases would need to be justified.
After completing the inquiry, the IC must submit its report with findings and recommendations to the employer or appropriate authority within 10 days of concluding the inquiry.
The employer must act on the IC’s recommendations within 60 days of receiving the report. This could involve disciplinary action, compensation, or other measures depending on the findings.
Yes, if the incident has a connection to the workplace or affects the work environment, the IC can investigate complaints that occurred off-site or during work-related events.
According to the POSH Act, the IC should complete the inquiry process within 90 days of receiving the complaint and submit its findings within 10 days after concluding the inquiry.
The IC assesses all evidence, interviews witnesses, and considers other relevant factors before reaching a conclusion based on the preponderance of probability.
Yes, the IC can suggest interim relief, such as transferring the complainant or respondent, granting leave to the complainant, or restricting the respondent’s access to certain areas, to ensure a safe environment during the investigation.
The IC submits its report to the employer, who then takes action based on the committee’s recommendations, which could range from disciplinary actions to legal proceedings.
Yes, employees can file an appeal against the IC’s decision with the appropriate court or tribunal if they are dissatisfied with the outcome.
If the IC determines that a complaint is malicious or false, it can recommend action against the complainant as per the organization’s policy. However, mere inability to prove a complaint does not imply falsehood.
Non-compliance can lead to fines, legal action, reputational harm, and disruption in employee relations. In severe cases, the organization’s business license could be revoked.
RGA conducts workshops that go beyond compliance, fostering awareness about gender sensitivity, diversity, and the importance of creating an inclusive work environment where all employees feel respected and valued.
RGA provides comprehensive assistance, including expert external IC members, drafting customized POSH policies, conducting awareness workshops, and ensuring that your organization meets all legal requirements efficiently and effectively.
RGA offers continuous support through regular training, audits, IC reviews, and updates to policies and processes, ensuring sustained compliance and workplace safety.
Absolutely. RGA works with organizations of all sizes, including startups, to draft POSH policies that are compliant and effective in fostering a respectful workplace environment.
Yes, RGA offers tailor-made POSH solutions, from policy creation to setting up ICs and conducting training sessions. Our approach is designed to align with your organization’s culture and legal obligations.
RGA follows strict confidentiality protocols, ensuring that all inquiries, testimonies, and outcomes are kept private and handled with discretion to protect the privacy of all parties involved.
RGA conducts interactive, informative workshops designed to educate employees and management on their rights and responsibilities under the POSH Act, as well as how to prevent and respond to incidents of harassment.
RGA assists in setting up the IC by helping organizations identify suitable internal members, appointing an expert external member, and training the committee on their roles and responsibilities.