POSH Act: Workplace Sexual Harassment — Rights & How to Complain

The Act defines sexual harassment broadly to include unwelcome acts or behaviour — whether direct or by implication — such as physical contact and advances, a demand or request for sexual favours, sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

It also covers implied or explicit promises or threats connected to the woman's employment, and conduct that creates a hostile or intimidating work environment or is humiliating and may affect her health or safety. 'Workplace' is read widely, extending beyond the office to places visited during employment and, increasingly, to remote and online work settings.

Every employer with ten or more employees must constitute an Internal Committee (IC) at each office or branch. The IC must be headed by a senior woman employee, include at least two members committed to the cause of women or with relevant experience, and crucially include one external member from an NGO or association familiar with sexual-harassment issues — to guard against internal bias.

Where an organisation has fewer than ten employees, or where the complaint is against the employer themselves, the complaint goes instead to the Local Committee (LC) constituted at the district level by the government.

• Mandatory for every workplace with 10+ employees.
• Chaired by a senior woman; includes an external (NGO) member.
• Fewer than 10 employees, or complaint against the employer → Local Committee (district level).

Any aggrieved woman — whether a regular employee, contractor, intern, or even a visitor to the workplace — can file a written complaint of sexual harassment to the IC (or LC). Where she is unable to do so herself (for example, due to physical or mental incapacity), the Act allows others to file on her behalf.

The complaint must ordinarily be filed within three months of the incident, extendable by a further three months if the IC is satisfied that circumstances prevented earlier filing. Filing promptly preserves evidence and strengthens the case.

On receiving a complaint, the IC may first attempt conciliation if the complainant requests it (but not a monetary settlement as the basis of conciliation). If conciliation is not opted for or fails, the IC conducts an inquiry following principles of natural justice — giving both sides a hearing — and is to complete the inquiry within ninety days.

During the pendency, the IC can recommend interim measures such as transferring the complainant or the respondent or granting leave. On completing the inquiry, the IC submits its report; if the allegation is proved, it recommends action against the respondent under the service rules and can recommend compensation to the complainant.

• Optional conciliation at the complainant's request (no monetary settlement as basis).
• Inquiry following natural justice, to be completed within 90 days.
• Interim relief (transfer/leave) available during the inquiry.
• If proved: action against the respondent + compensation to the complainant.

Employers must constitute the IC, display the penal consequences of harassment, organise awareness and orientation, assist the complainant if she chooses to file a criminal complaint, and file an annual report. Failure to comply attracts a penalty, and repeated non-compliance can lead to cancellation of licences or registration.

The Act protects confidentiality — the identity of the parties and the proceedings cannot be published — and prohibits retaliation against a complainant or witness. It also contains a provision against malicious or false complaints, but mere inability to prove a complaint does not amount to a false complaint.