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?
- 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
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
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
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 |