Download Bare Act of The POSH Act, 2013 (PDF version)

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Introduction

The Sexual Harassment of Women at Workplace Act, 2013 – popularly called the POSH Act – came into force on 9 December 2013. It was created because of the famous Vishakha judgment of 1997 by the Supreme Court. This is India’s first law that makes sexual harassment at workplace illegal and gives women a clear way to complain and get justice.

Scope and Objective

Who is protected? Every woman (employee, visitor, intern, contract worker, customer) at any workplace. Main Objectives (in very simple words):

• Stop sexual harassment at work

• Make every workplace safe for women

• Give fast, fair and confidential justice through Internal Committees

• Change the mindset that “it’s just teasing”

Key Definitions Explained with Real-Life Examples

1. Workplace (Very wide meaning) Any place where a woman goes because of work – office, factory, college, hospital, hotel, transport provided by company, work-from-home, client site, even a training trip. Example: A saleswoman is harassed in the company cab → it is workplace. A teacher is harassed by principal during a school trip → covered.

2. Sexual Harassment (Section 2(n)) Any unwelcome act of sexual nature:

   • Physical touch or advances

   • Demand or request for sexual favours

   • Showing pornography

   • Sexually coloured remarks

   • Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

   • Example 1: Boss says “sleep with me for promotion” → clear harassment.

   • Example 2: Colleagues keep sending “good night kiss” WhatsApp forwards daily even after she says stop → harassment.

   • Example 3: Staring at a woman’s body every day in the lift → non-verbal harassment.

3. Aggrieved Woman Any woman (no age limit) who faces sexual harassment at workplace. Example: A 19-year-old intern, a 55-year-old cleaner, or a 30-year-old client visiting office – all are covered.

4. Employee Includes regular, temporary, ad-hoc, daily wage, intern, apprentice, contract worker.

Vishakha Guidelines (1997) – The Foundation

Before 2013, there was no law, only Supreme Court guidelines in the Vishakha vs State of Rajasthan case (Bhanwari Devi gang-rape case). Key points of Vishakha Guidelines (still important for exams):

• Employer must prevent and stop sexual harassment

• Form a complaint committee (mostly women members)

• Give annual report to government

• Treat sexual harassment as misconduct in service rules The 2013 POSH Act converted these guidelines into a full law.

Salient Features of the POSH Act (Easy to Remember)

• Mandatory Internal Committee (IC) in every unit with 10+ workers

• 50% women members in IC

• Complaint must be solved in maximum 90 days

• Confidential process – name of complainant is hidden

• Punishment can be from warning to dismissal

• False complaint also punishable

• Conciliation (friendly settlement) possible if woman wants

Important Provisions of the Act – Explained Step by Step with Real Examples

1. Internal Committee (IC) – Section 4 (Heart of the Act)

Every branch/office with 10 or more workers MUST form an IC. Composition:

• Presiding Officer → woman employed at senior level

• Minimum 2 members from employees (preferably women)

• One external member (NGO or lawyer experienced in women issues)

• Half the members must be women

Real Example: A Delhi IT company with 8 offices → must have 8 separate ICs (one per office with 10+ workers). A factory in Surat with 250 workers but only one campus → only one IC needed.

2. Who Can File Complaint? (Section 9)

• The woman herself OR

• Her friend/co-worker/guardian if she is mentally/physically unable to complain

• Written or email complaint within 3 months (can be extended to 6 months for genuine reason)

Real Example 2025: A junior accountant is scared. Her friend sends email to IC on her behalf → valid complaint.

3. Inquiry Process – Timeline (Section 11)

• IC must finish inquiry in maximum 90 days

• Final report to employer in 10 more days

• Action within 60 days of report

4. Conciliation (Friendly Settlement) – Section 10

• Only if the woman wants

• No money can be given as settlement for sexual favour cases

• Once settled, no inquiry

Real Example: Woman says “I just want a written apology and transfer of the man to another branch”. IC helps both agree → case closed peacefully.

5. Punishment (Section 19)

Employer can take same action as per service rules – warning, suspension, no increment, termination. Real Example 2024–25 cases:

• Wipro fired employee for repeated WhatsApp harassment

• A college in Kerala dismissed professor after IC found him guilty

6. Duties of Employer (Section 19) – Very Important

• Form IC and display its names everywhere

• Include sexual harassment in service rules

• Organise workshops and awareness programmes every year

• Help woman if she wants police complaint

• Submit annual report to District Officer

Real Example: A Mumbai startup with 15 employees never formed IC → fined ₹50,000 in 2025 by Labour Department.

7. Local Committee (LC) for Small Workplaces (Section 6)

Where no IC (less than 10 workers) OR complaint is against the boss himself → woman goes to Local Committee formed by District Officer.

8. Penalty for Non-Compliance (Section 26)

• First time → up to ₹50,000 fine

• Second time → double fine + cancellation of license

9. Protection Against Victimisation (Section 16 & 17)

• No transfer or bad appraisal because she complained

• Identity of woman, witnesses and inquiry details kept secret

• False complaint → same punishment as real harassment (but very rarely used)

Summary in One Line

The POSH Act 2013 makes every workplace responsible for women’s safety – form an Internal Committee, treat complaints seriously in 90 days, and create zero-tolerance for sexual harassment.

Every woman must know her rights. Every employer must follow the law. Safe workplace = happy and productive workplace!