Introduction
Sexual harassment in the workplace is a serious issue that affects many women across India. To protect female employees and create a safer work environment, the Indian government introduced the Prevention of Sexual Harassment (POSH) Act, 2013. This law ensures that women can work with dignity and provides a structured mechanism for handling sexual harassment complaints at the workplace.
In this article, we'll explore:
- ✅ What the POSH Act is.
- ✅ What qualifies as sexual harassment
- ✅ Who is protected under this law
- ✅ How to file a complaint
- ✅ What actions employers must take to comply with POSH
What is the POSH Act?
The POSH Act, 2013 (Prevention of Sexual Harassment at Workplace Act) is a legal framework designed to prevent, prohibit, and redress sexual harassment at workplaces in India.
Key Highlights of the POSH Act:
- ✔️ The Act applies to all workplaces, including offices, factories, schools, colleges, and hospitals.
- ✔️ Every company with 10 or more employees must set up an internal complaints committee (ICC).
- ✔️ The law defines sexual harassment and outlines how complaints should be handled.
- ✔️ Employers must conduct awareness programs and provide training for employees and managers.
What is Considered Sexual Harassment Under POSH?
The POSH Act defines sexual harassment as any unwelcome act, whether physical, verbal, or non-verbal, including
- ✅ Physical Harassment: Unwanted touching, patting, pinching, or assault
- ✅ Verbal Harassment: Sexual jokes, comments, or explicit discussions
- ✅ Non-Verbal Harassment: Staring, leering, sending obscene messages
- ✅ Quid Pro Quo Harassment: Asking for sexual Favours in exchange for promotions, salary hikes, or job benefits
- ✅ Hostile Work Environment: Creating an intimidating or offensive work atmosphere with repeated inappropriate behaviour.
Example scenarios:
- A female employee is being forced to go on dates with her boss to secure a promotion.
- A male colleague sending sexually explicit jokes or images over WhatsApp.
- A manager making sexist comments or questioning a woman's ability to handle a role due to her gender.
Who is Covered Under the POSH Act?
The POSH Act is designed specifically to protect women in workplaces. It applies to:
- ✔ Women employees (full-time, part-time, contract workers)
- ✔ Interns and trainees (paid or unpaid)
- ✔ Freelancers and consultants
- ✔ Volunteers and temporary staff
- ✔ Domestic workers (maids, cooks, house helpers)
- ✔ Women working in government offices
- ✔ Women working in unorganized sectors (factories, construction sites, etc.)
Even if a woman is not an official employee, she can still file a complaint under POSH if the harassment happens in a professional setting.
Who is NOT Covered Under the POSH Act?
The POSH Act specifically protects women and does not cover certain categories of people. Those not included under this law are:
Men and LGBTQ+ employees:
The POSH Act applies only to women.
If a man or a transgender person faces workplace sexual harassment, they cannot file a complaint under POSH.
However, they can file complaints under other workplace laws, such as the BNS/IPC, or seek justice under their company's internal grievance policies.
Male Domestic Workers:
Male domestic workers, such as male cooks, drivers, and house staff, are not covered under POSH.
They must seek legal help under different labour laws or the BNS/IPC.
Workplaces with Fewer than 10 Employees:
Organisations with less than 10 employees do not need to form an Internal Complaints Committee (ICC).
However, women from such workplaces can approach the Local Complaints Committee (LCC) formed by the district government.
Sexual Harassment Between Two Customers or Clients (Not Employer-Employee Relationship):
The POSH Act applies only in a professional setting where an employer-employee relationship exists.
Example: If a customer harasses another customer in a café, it does not fall under POSH. Instead, the victim must file a police complaint under BNS/IPC.
Educational Institutions (Students and Teachers Conflict):
If a student harasses a teacher (or vice versa), this is not covered under POSH.
Such cases must be reported under the University Grants Commission (UGC) regulations or BNS/IPC laws.
Harassment Outside the Workplace:
The POSH Act only covers workplace harassment.
If a woman is harassed outside her job (e.g., public transport, personal social media, parks, etc.), she must file a police complaint under BNS 73(outraging modesty of a woman).
How to File a Complaint Under POSH?
If a woman experiences sexual harassment at work, she can file a complaint through the Internal Complaints Committee (ICC) within the organisation.
Step-by-Step Complaint Process:
1. Report to the Internal Complaint Committee (ICC): The complaint must be submitted in writing within 3 months of the incident.
2. Investigation by ICC: The ICC will conduct an inquiry within 90 days by hearing both sides and examining evidence.
3. Decision and action: If harassment is proven, the employer can:
- Take disciplinary action against the accused (suspension, termination, fine, etc.)
- Provide compensation to the victim
4. Appeal Option: If the woman is unhappy with the ICC's decision, she can appeal to a court within 90 days.
What if the company does NOT have an ICC?
If a company doesn't have an ICC, the victim can file a complaint with the Local Complaints Committee (LCC) formed by the government.
Responsibilities of Employers Under POSH
All organisations with 10 or more employees MUST comply with POSH by:
✔Setting up an Internal Complaints Committee (ICC)
✔Displaying the POSH policy at workplace
✔Conducting regular awareness training for employees and managers
✔Maintaining confidentiality of complaint.
✔Taking action against offenders
Failure to comply with POSH can result in:
A fine of ₹50,000 for the company
License cancellation for repeated non-compliance
Rights of Women Under the POSH Act
Women have the right to:
✅ A safe and respectful workplace
✅ File complaints confidentially
✅ Get interim relief (transfer, leave, protection from retaliation)
✅ A fair inquiry process
✅ Compensation for damages
How to Stay Safe and Take Action?
If you experience sexual harassment at work:
✔Speak up and document everything: Keep screenshots, emails, or messages as evidence.
✔Report it to HR or ICC: If your company does not take action, approach the Local Complaints Committee (LCC).
✔Seek legal help: If needed, file a police complaint or approach a labour court.
Conclusion
The POSH Act, 2013 is a crucial law that protects women from sexual harassment at work. Knowing your rights and the complaint process is essential to ensuring workplace safety. Employers must also take strict action to create a harassment-free workplace.
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