POSH Compliance

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, popularly known as the POSH Act, is India’s primary legislation aimed at ensuring safe, dignified, and harassment-free workplaces for women. It came into force on 9 December 2013, following years of advocacy, judicial intervention, and the need for a statutory framework beyond the Vishaka Guidelines issued by the Supreme Court. It applies to all workplaces across India, including the public and private sectors, organized and unorganized establishments, NGOs, hospitals, educational institutions, and even places visited by employees during the course of work. 【1-7e93e5】

What Constitutes Sexual Harassment?

Sexual harassment includes any one or more of the following unwelcome acts or behavior (whether directly or by implication):

Physical contact and advances
A demand or request for sexual favours
Making sexually coloured remarks
Showing pornography
Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

Implied circumstances include:

Promise of preferential treatment
Threat of detrimental treatment
Interference with work
Creating intimidating or hostile work environment
Humiliating treatment affecting health or safety 【1-7e93e5】

Internal Committee (IC) Composition

Every employer with 10+ employees must constitute an Internal Committee (IC) at each workplace.

Presiding Officer

Mandatory A woman employed at senior level (or if not available, from another establishment or as prescribed)

Internal Members

Mandatory Not less than 2 members from amongst employees preferably committed to the cause of women or having legal knowledge/experience in social work

External Member

Mandatory One member from an NGO or association committed to the cause of women or a person familiar with issues relating to sexual harassment

At least half of the IC members must be women. The Presiding Officer and every member hold office for a period not exceeding 3 years.

Redressal Process & Timeline

Complaint Filing

Written complaint to IC by aggrieved woman
Within 3 months of incident
Extendable by another 3 months

Conciliation (Optional)

IC may attempt settlement if requested by complainant

Inquiry Initiation

Within 7 days of complaint or failed conciliation
IC to commence inquiry proceedings

Inquiry Completion

Within 90 days of complaint
IC to complete inquiry and submit report

Employer Action

Within 60 days of IC report
Employer to act on IC recommendations 【1-7e93e5】

Penalties & Consequences

Non-Compliance Area	Consequence
Non-compliance with POSH Act provisions	Fine up to ₹50,000
Repeated non-compliance	Double punishment and/or cancellation of license or registration
Sexual Harassment (criminal)	Imprisonment up to 3 years and/or fine under IPC Section 354A
False/Malicious Complaint	Action as per service rules

Employer Duties & Obligations

* Constitute Internal Committee at all workplaces with 10+ employees * Display penal consequences of sexual harassment at conspicuous places * Organize workshops and awareness programs on POSH * Provide assistance to complainant if she chooses to file criminal complaint * Treat sexual harassment as misconduct under service rules and initiate action * Monitor timely submission of annual reports by IC * Provide safe working environment with support during inquiry * Ensure IC members are trained on conducting inquiries

【1-7e93e5】

POSH Complaint Timeline

Stage	Timeline
Complaint Filing	Within 3 Months
Conciliation Attempt	No Statutory Deadline
Inquiry Initiation	Within 7 Days
Inquiry Completion	Within 90 Days
IC Report to Parties	Within 10 Days
Employer Action	Within 60 Days
Appeal Window	Within 90 Days