Sexual harassment at the workplace is not just a personal issue. It is a serious legal and organisational concern. If you are a student, working professional, HR executive, compliance officer, or employer, understanding the POSH Act, 2013 is no longer optional. It directly affects how workplaces are structured, how complaints are handled, and how legal responsibility is fixed.
This guide walks you through the POSH Act in a clear, practical, and mentor-like manner, helping you understand not only the law but also how it applies in real workplace situations.
What Is the POSH Act, 2013?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, is a central legislation enacted to protect women from sexual harassment at the workplace.
The law was introduced to ensure that every woman has the right to work with dignity, safety, and equality. It applies to both the organised and unorganised sectors and covers a wide range of workplaces across India.
The POSH Act was enacted following the Supreme Court’s Vishaka Guidelines, which recognised workplace sexual harassment as a violation of fundamental rights under Articles 14, 15, and 21 of the Constitution.
Why Was the POSH Act Introduced in India?
Before 2013, there was no specific statutory law dealing with workplace sexual harassment. Complaints were often handled informally or ignored entirely, leaving victims without an effective remedy.
The POSH Act was introduced to:
- Create a formal complaint and inquiry mechanism
- Fix clear responsibility on employers
- Provide a time-bound redressal process
- Ensure confidentiality and protection against victimisation
If you are working in or managing a workplace today, this law defines how complaints must be handled and what legal consequences follow non-compliance.
Who Does the POSH Act Apply To?
The POSH Act has a wide scope, and many people underestimate its applicability.
It applies to:
- Government and private organisations
- Companies, firms, factories, and offices
- Educational institutions
- Hospitals and nursing homes
- NGOs and trusts
- Domestic workers
- Freelancers, interns, trainees, and contract workers
It applies regardless of:
- Number of employees
- Nature of employment
- Whether the workplace is physical or virtual
If your organisation employs even one woman, the POSH Act becomes relevant.
What Is Considered Sexual Harassment Under the POSH Act?
Understanding what qualifies as sexual harassment is crucial because many incidents are wrongly dismissed as “harmless behaviour.”
The POSH Act defines sexual harassment to include:
- Physical contact and advances
- Demand or request for sexual favours
- Sexually coloured remarks
- Showing pornography
- Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature
Circumstances that strengthen the offence:
- Implied or explicit promise of preferential treatment
- Threat of adverse consequences
- Interference with work performance
- Creation of an intimidating or hostile work environment
If a behaviour makes you uncomfortable and has a sexual undertone, it can fall within the scope of the POSH Act.
What Is a Workplace Under the POSH Act?
The concept of a workplace under the POSH Act goes far beyond office premises.
A workplace includes:
- Office buildings and branches
- Client locations
- Work-related travel
- Conferences and training programmes
- Virtual workspaces and online meetings
- Any place visited in the course of employment
With remote work and digital communication becoming common, inappropriate behaviour over emails, messaging apps, or video calls can also trigger POSH liability.
What Is the Internal Complaints Committee (ICC)?
The Internal Complaints Committee (ICC) is the backbone of POSH compliance within an organisation.
Every organisation with 10 or more employees must constitute an ICC at each office or branch.
Mandatory composition of the ICC:
- Presiding Officer who must be a senior woman employee
- At least two internal members committed to women’s causes or legal knowledge
- One external member from an NGO or legal background
- Minimum 50 percent women members
An improperly constituted ICC can invalidate the entire inquiry process, which is why its structure is legally critical.
What If the Organisation Has Less Than 10 Employees?
If the organisation has fewer than 10 employees or if the complaint is against the employer, the matter is handled by the Local Complaints Committee (LCC) set up by the District Officer.
This ensures that women working in small establishments or unorganised sectors are not left without protection.
How Can a Complaint Be Filed Under the POSH Act?
The POSH Act lays down a clear and time-bound complaint mechanism.
Filing a complaint:
- The complaint must be in writing
- It should be filed within three months from the incident
- The ICC may extend this period if sufficient cause is shown
If the woman is unable to file the complaint due to physical or mental incapacity, legal heirs or representatives may do so on her behalf.
What Is the Inquiry Process Under the POSH Act?
Once a complaint is received, the ICC initiates a formal inquiry.
Key stages of inquiry:
- Notice to the respondent
- Opportunity to be heard for both parties
- Examination of evidence and witnesses
- Completion of inquiry within 90 days
- Submission of report to employer or District Officer
The process follows principles of natural justice while ensuring confidentiality at every stage.
Can the Matter Be Settled Through Conciliation?
Yes, but with strict limitations.
Conciliation is allowed only at the request of the aggrieved woman, and monetary settlement is not permitted as a basis of conciliation.
If conciliation fails, the inquiry must proceed.
What Are the Duties of Employers Under the POSH Act?
Employer responsibility under the POSH Act is proactive, not reactive.
Key duties include:
- Constituting the ICC correctly
- Conducting regular POSH awareness training
- Displaying POSH-related information at the workplace
- Assisting in the inquiry process
- Implementing ICC recommendations
- Filing annual compliance reports
Failure to perform these duties attracts serious legal and financial consequences.
What Are the Penalties for Non-Compliance?
Non-compliance with the POSH Act can result in:
- Fine up to ₹50,000
- Higher penalties for repeat offences
- Cancellation of business licenses or registrations
- Reputational damage and litigation exposure
For professionals and employers, ignorance of POSH law can be extremely costly.
What Protection Does the POSH Act Offer Against False Complaints?
The POSH Act recognises that misuse is possible but treats it cautiously.
Action can be taken against false or malicious complaints only if intent is proved after inquiry. Mere inability to prove allegations does not amount to a false complaint.
This balance ensures that genuine complaints are not discouraged.
Want to Master POSH Law Practically?
The POSH Act, 2013 is not just a legal obligation. It is a framework that defines workplace dignity, accountability, and safety. When you understand how the law works in practice, you are better equipped to protect rights, ensure compliance, and handle sensitive situations with confidence.
If you want practical, career-focused training on POSH law, compliance, drafting, and inquiry procedures:
Enroll in LawMento’s POSH Course. Learn from experienced professionals, understand real-life scenarios, and build expertise that employers and clients actually value.