POSH Consultation
POSH (Prevention of Sexual Harassment)
POSH stands for Prevention of Sexual Harassment. It refers to the actions and policies put in place to ensure a workplace is safe, respectful, and free from sexual harassment. The goal of POSH is to create an environment where all employees, especially women, feel secure and treated with dignity. This includes raising awareness, providing training, and establishing clear guidelines for reporting any incidents of harassment. POSH encourages a culture of respect, where harassment is not tolerated, and employees know how to address any issues that arise.
When Can You File a Sexual Harassment Complaint Under the POSH Act?
You can file a complaint under the POSH Act if you’ve experienced any unwelcome sexual behavior at work. This can include:
- Unwanted physical contact or advances (e.g., touching, brushing, or cornering)
- Sexual comments, jokes, or remarks that make you uncomfortable
- Requests for sexual favors (whether direct or indirect)
- Sharing of sexual content like pornographic images, videos, or messages
- Staring, gestures, or body language of a sexual nature
- Online harassment through emails, chats, or social media at work
The law also covers situations where:
- You are promised promotions, perks, or benefits in exchange for sexual favors
- You face threats or punishment for not complying with inappropriate demands
- Your work performance or mental health suffers because of a hostile or humiliating environment
Important: Even one incident can be enough to take action — you do not need to wait for things to get worse.
Important Terms
Sexual Harassment: It refers to any unwelcome behavior of a sexual nature, including physical advances, demands for sexual favors, making sexually inappropriate remarks, or showing pornography, either physically or verbally.
Internal Complaints Committee (ICC): The ICC is a body established by the employer in workplaces with more than 10 employees. The committee is responsible for receiving, investigating, and addressing complaints of sexual harassment. It ensures that the investigation is fair and unbiased, maintaining confidentiality throughout the process.
Aggrieved Women: An aggrieved woman is a woman who has experienced sexual harassment at the workplace, as defined under the POSH Act, 2013. She can file a complaint with the Internal Complaints Committee (ICC) for resolution.
Employer: The employer is any person, authority, or entity that hires employees, including government and private organizations. They are responsible for ensuring a safe, harassment-free work environment, setting up the Internal Complaints Committee.
The POSH Act mandates employers to ensure a safe working environment for women. Employers must:
1. Create a Safe Work Environment: Make sure the workplace (physical or virtual) is free from harassment, intimidation, or discomfort for any employee.
2. Draft and Share a POSH Policy: Clearly outline what counts as sexual harassment, how complaints can be filed, and the steps the company will take. This policy must be shared with all employees, ideally during onboarding.
3. Set Up an Internal Complaint Committee (ICC): If your company has 10 or more employees, you must form an Internal Committee to handle complaints. The ICC should include:
A senior woman employee as the Presiding Officer
- At least two employees with a strong sense of fairness
- One external member (like an NGO worker or legal expert)
4. Display POSH Policy & ICC Details Publicly: Place the POSH policy and ICC contact details on notice boards, common areas, or your company intranet anywhere it’s easy for employees to see.
5. Conduct Regular Awareness & Training Programs: Train your staff on what sexual harassment is and how to respond. Also, provide special training to ICC members to handle complaints fairly and sensitively.
6. Support the Internal Committee During Investigations: Provide access to documents, emails, CCTV footage, or anything the ICC needs to conduct a fair inquiry.
7. Ensure Fair Inquiry Process: Both the complainant and the accused (respondent) must be given a chance to present their side. The ICC must act without bias or delay.
8. Help the Complainant File a Police Report (if needed): If the incident involves a criminal offense, the employer must assist the woman in filing an FIR under the Indian Penal Code (IPC) but only if she wishes to.
9. Treat Harassment as Workplace Misconduct: Take strict disciplinary action against those found guilty such as warnings, suspensions, or even termination as per your company’s policies.
10. Submit Annual Reports: Ensure that the Internal Committee submits its annual compliance report to the District Officer, as required by law.
Workplace: Under the POSH Act, the term “workplace” refers to any location where employees engage in professional activities. This includes a wide range of environments, both public and private, where work is carried out.
- Government-Controlled or Funded Entities: Any department, organization, establishment, or enterprise established, owned, or funded either directly or indirectly by the government, local authorities, government companies, or cooperative societies.
- Private Sector Organizations: Any private sector company, non-governmental organization (NGO), trust, institution, or service provider involved in commercial, educational, professional, industrial, or health-related activities.
- Healthcare Institutions: Hospitals, nursing homes, and other healthcare providers.
- Sports Facilities: Sports institutes, stadiums, sports complexes, or training venues, whether residential or not used for sporting activities or events.
- Work-Related Travel: Any location visited during the course of employment, including transportation provided by the employer for business or work-related travel.
- Dwelling Places: In some cases, a dwelling or home used for work-related activities may also be considered a workplace, especially for remote work or work-from-home scenarios.
- Unorganized sector: It refers to businesses owned by individuals or self-employed workers, usually with less than 10 employees involved in production, selling, or offering services.
Parties Involved in POSH Process
1. Complainant (Aggrieved Party or Aggrieved Women)
The complainant is the individual who alleges to have experienced sexual harassment in the workplace. This can be any woman who feels her rights have been violated due to unwelcome behavior of a sexual nature. The complainant has the right to file a formal or informal complaint and receive protection against retaliation.
- Right to Report Harassment: Employees can file complaints with the ICC or Local Committee within 3 months of the incident.
- Right to Privacy: All details, including identities, are kept confidential to protect privacy.
- Right to Fair Investigation: Complaints must be investigated promptly and impartially by the ICC.
- Right to Protection from Retaliation: Complainants are protected from punishment, transfer, or harassment for filing a complaint.
- Right to Safe Environment: Employees are entitled to work in a harassment-free, respectful environment.
- Right to Seek Legal Action: If dissatisfied with the investigation outcome, employees can approach the Local Committee or court.
- Right to Seek Compensation: If harassment is proven, the complainant may receive compensation for harm or career loss.
2. Respondent (Accused Party)
The respondent is the individual accused of engaging in sexual harassment. This can be anyone in the workplace, including employees, managers, or even external parties like contractors or vendors. The respondent is entitled to a fair investigation and the opportunity to present their side of the story.
- Right to Fair Investigation: The respondent has the right to a prompt, impartial, and thorough investigation of the complaint.
- Right to Defend Themselves: The respondent can present their side of the story and provide evidence during the investigation.
- Right to Privacy: The respondent’s identity and the details of the investigation are kept confidential to protect their privacy.
- Right to Protection from Retaliation: The respondent is protected from any retaliation or unfair treatment due to the complaint being filed against them.
- Right to Appeal: If the respondent disagrees with the outcome of the investigation, they have the right to appeal the decision.
Key Details for Filing a Complaint Under POSH Law
The POSH Act aims to create a workplace free from sexual harassment, ensuring a safe and respectful environment for all employees, especially women. It is the company’s responsibility to uphold the dignity, safety, and well-being of its employees in all work-related spaces.
1. Creating Internal Complaints Committee (ICC)
The organization must establish an Internal Complaints Committee (ICC) to handle complaints related to sexual harassment. The ICC should:
- Be comprised of at least four members, including:
- A presiding officer (a senior woman employee),
- Two other employees,
- An external member with expertise in women's rights or gender issues.
2. Time Limit for Filing the Complaint:
A complaint must be made within 3 months of the date of the incident. If the harassment involves multiple incidents, the complaint must be made within 3 months from the date of the last incident.
3. Extension of Time Limit
The Internal Committee or Local Committee may extend the time limit for filing the complaint by up to 3 months if there are valid reasons (such as circumstances preventing the woman from filing the complaint on time). These reasons will be recorded in writing.
4. Confidentiality
Section 16 of the POSH Act ensures confidentiality, preventing the disclosure of complaint details, identities, and proceedings. Only information about the justice secured for the victim may be shared, without revealing any identifying details.
5. Assistance for Filing
If the woman cannot file the complaint in writing, the Presiding Officer or any Member of the Internal Committee (or Local Committee, if applicable) will provide assistance in drafting the complaint.
6. In Case of Inability to File
If the aggrieved woman is unable to file the complaint due to physical or mental incapacity, death, or any other reason, the complaint may be filed by her legal heir or a prescribed person on her behalf.
7. Timeframe for Completion
The inquiry must be completed within 90 days.
How to Draft an Effective POSH Policy ?
For employers, it’s necessary to have a clear and comprehensive POSH policy that strictly prevents any form of sexual harassment. Key elements to include are:
1. Objective and Purpose
Explain why this policy exists to prevent sexual harassment, protect employees, and promote a respectful workplace.
Example: “This policy aims to ensure a safe and harassment-free workplace for all employees, as per the POSH Act, 2013.”
2. Scope and Applicability
Clearly state who the policy covers and where it applies. This includes:
- Full-time and part-time employees
- Interns, freelancers, consultants, vendors
- Physical office, remote work, field visits, or company-provided transport
3. What Is Sexual Harassment?
Define sexual harassment in simple, non-legal language. Cover:
- Physical, verbal, or non-verbal conduct
- Online harassment (emails, messages, social media)
- Threats, bribery, or discomfort related to gender or sexuality
Include examples (like unwanted touching, repeated inappropriate jokes, or explicit messages).
4. Employee Responsibilities
Mention what’s expected from everyone:
- Aggrieved person: Report the issue in good faith
- Accused person: Cooperate with the inquiry
- Supervisors and HR: Support both parties, without bias
- Witnesses: Speak honestly and respectfully
5. Internal Committee (ICC) Details
List who is on the ICC, their roles, and how employees can contact them.
Example: “You can reach the ICC by emailing {provide email for the same}”
Internal Committee Structure
The Internal Complaints Committee (ICC) is responsible for addressing sexual harassment complaints in the workplace, with members selected based on specific criteria and serving fixed terms.
Member | Members | Criteria | Term |
Presiding Officer | 1 | Woman employed at a senior level in the workplace | Up to 3 years |
Internal Members | At least 2 | Preferably committed to women’s cause, with experience in social work or legal knowledge (Preferably women) | Up to 3 years |
External Member | 1 | From NGOs/associations focused on women’s rights or familiar with sexual harassment | Up to 3 years |
Note: At least half of the total committee must be women.
6. How to File a Complaint
Break down the process in simple steps:
- Where and how to file the complaint
- What to include (description, date, place, names)
- Deadline for filing (within 3 months of the incident)
7. How Complaints Are Handled
Explain how the Internal Committee will:
- Acknowledge the complaint
- Conduct the inquiry (with timelines)
- Maintain fairness and privacy throughout
Include a typical timeline (e.g., “Inquiry completed within 90 days from filing”).
8. Disciplinary Actions
Clarify the possible consequences if someone is found guilty — from warnings and demotions to termination, depending on the severity.
9. Appeal Process
Mention that both parties have the right to appeal the decision within a set time (usually 90 days) to the appropriate authority.
10. Compensation for the Complainant
If the harassment caused mental trauma, career loss, or health issues, the policy should include a way to calculate compensation, as guided by law.
11. Confidentiality and Privacy
Make it clear that all details of the complaint and investigation will be kept strictly confidential to protect both the complainant and the accused.
Redressal Process for Workplace Sexual Harassment
If you've faced sexual harassment at work, you have the right to be heard, protected, and supported. The POSH Act lays out a structured process to help you seek justice. Here’s how it works:
- Report the Incident : You can choose to report informally or formally:
- Informal Reporting: If you feel safe, speak directly to the person involved, your manager, or HR.
- Formal Complaint: Submit a written complaint to the Internal Complaints Committee (ICC). This is your legal right.
2. Draft & Submit the Complaint: Write a clear and detailed complaint, including the date, time, place, description of the incident, the accused’s name, and any supporting evidence such as emails or messages. The complaint can be submitted either online or in person to the ICC.
3. Initial Review by the Committee: The committee reviews the complaint to assess its validity and whether it falls under the scope of the POSH Act.
4. Inquiry Process: If the complaint is valid, an inquiry is conducted by the ICC or LC, following the prescribed procedure.
Both parties (complainant and respondent) are given a chance to present their sides.
- Immediate Action: If the harassment involves criminal activities (such as assault or threats), immediately report the incident to the police or dial the emergency number 112.
5. Conciliation (Optional): If you're open to it, you can request a conciliation which is a mutual settlement with the accused.
- No monetary settlement is allowed as part of this.
- The ICC oversees this process.
6. Final Report & Decision:
After the inquiry:
- The committee prepares a report within 10 days.
- Recommendations may include a written apology, suspension, termination, or legal action.
- The employer is responsible for implementing the decision.
7. Compensation & Legal Remedies: Compensation is provided for emotional distress, career loss, and medical costs.
- Legal Action: The POSH Act allows for compensation for losses due to harassment, and if unresolved, legal action can be taken against the harasser for a breach of the Act or other laws.
8. Emotional & Psychological Support: Seek professional counseling, join support groups, and rely on trusted family and friends for emotional support during the process.
9. Post-Resolution Considerations: Ensure workplace safety through training and policies to prevent future harassment and explore professional development or new job opportunities if your career was impacted.
10. Appeal Process: If either party disagrees with the findings, an appeal can be made to higher authorities.
11. Consult a POSH Law Expert: If you need further guidance or assistance, consult a lawyer or POSH consultant specializing in workplace harassment. Additionally, some experts offer workplace audits to help ensure compliance with POSH regulations and prevent future incidents.
What Happens After the Inquiry?
Inquiry Report: After an inquiry, the Internal or Local Committee must submit its findings to the employer (or District Officer) within 10 days. The report should also be shared with the relevant parties.
If the Allegation is Not Proved: If the committee finds the allegation against the respondent is not proven, they will recommend that no action be taken.
If the Allegation is Proved: If the allegation is proven, the committee will recommend:
- The employer or District Officer takes action according to the service rules, or as prescribed.
- They may recommend deducting money from the respondent’s salary to compensate the victim, unless the respondent is absent or no longer employed. If the salary can't be deducted, the respondent will be asked to pay the amount directly. If they don't pay, the committee can ask for the money to be recovered as a land revenue arrear.
Action by Employer or District Officer: The employer or District Officer must act on the recommendation within 60 days of receiving the report.
Factors That Affect Compensation for Victims
To decide the compensation for the aggrieved woman, the Internal or Local Committee will consider:
- The emotional pain, suffering, and distress caused to the woman.
- The impact on her career opportunities.
- Any medical expenses for physical or mental treatment.
- The financial status of the respondent.
- Whether the payment should be made as a lump sum or in instalments.
Do's and Don'ts for Employees and Employers
For Employers
Do's
Don'ts
- Implement a POSH policy: Create a clear, accessible POSH policy and ensure it is communicated effectively to all employees.
- Create a safe reporting system: Set up a robust and confidential system for employees to report harassment without fear of retaliation.
- Form an Internal Complaints Committee (ICC): Establish an ICC with trained members to handle complaints impartially and sensitively.
- Conduct training: Provide regular training and awareness sessions for all employees on sexual harassment laws and workplace behavior.
- Take prompt action: Investigate complaints promptly and take appropriate action to resolve them in accordance with the law.
- Ensure confidentiality: Maintain confidentiality throughout the investigation and resolution process to protect both the complainant and the accused.
- Support a respectful culture: Foster a workplace culture of respect, inclusion, and zero tolerance for harassment.
- Neglect complaints: Do not ignore or fail to act on complaints of harassment.
- Retaliate against complainants: Never take retaliatory actions against employees who report sexual harassment or participate in investigations.
- Allow a toxic environment: Do not ignore or tolerate an environment where harassment is allowed to persist.
- Dismiss or downplay the issue: Do not trivialize or belittle complaints, as this undermines the seriousness of the issue.
- Let employees face bias: Ensure that the investigation is fair and unbiased, avoiding any form of discrimination in dealing with complaints.
For Employees
Do's
Don'ts
- Report incidents: If you experience or witness sexual harassment, report it immediately to the designated Internal Complaints Committee (ICC) or appropriate authority.
- Maintain a record: Keep a record of incidents of harassment (dates, times, witnesses, etc.) for reference.
- Respect others' boundaries: Always respect personal boundaries and refrain from inappropriate behavior towards colleagues.
- Be aware of your actions: Ensure that your conduct is professional and does not violate the dignity or respect of others.
- Support colleagues: Encourage coworkers to report incidents and offer support to those who may feel uncomfortable.
- Be proactive in training: Participate in POSH training to understand the policy and promote a safe working environment.
- Engage in harassment: Do not engage in any form of sexual harassment, whether physical, verbal, or non-verbal.
- Ignore complaints: Do not ignore or dismiss reports of harassment from colleagues.
- Engage in retaliation: Do not retaliate or take adverse action against someone who reports harassment.
- Assume consent: Never assume that someone is comfortable with any behavior or interaction without clear, mutual consent.
- Participate in gossip: Avoid spreading rumors or gossip about incidents of harassment, as this can escalate the situation and harm others.
Know the Law
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is the primary law dealing with sexual harassment in the workplace. The major sections include Sections 2(n), 3, 11, 14, 19, and 26, which deal with the definitions, inquiry process, false complaints, duties of the employer, and penalties related to such complaints.
- Ministry of Women and Child Development (MWCD): Responsible for enforcing the POSH Act, providing guidelines, and ensuring nationwide implementation. (https://wcd.gov.in/)
- National Commission for Women (NCW): Works alongside MWCD to monitor and advocate for women’s rights under the Act. ((http://www.ncw.nic.in/)
- State Women’s Commissions: Handle cases at the state and district levels, ensuring regional enforcement of the law.
- SHe-Box: For organizations without an internal committee, the Ministry of Women & Child Development’s SHe-Box is an online platform where complaints can be filed and tracked. (https://shebox.wcd.gov.in/
- Internal Complaint Committee (ICC): As per Section 4, If the organization has more than 10 employees, file with the Internal Committee.
- Local Committee (LC):If the organization has fewer than 10 employees or the case is against the employer, file with the Local Committee in your district (Section 6).
Legal Action: For legal action, complaints can also be filed with the Police (under IPC Section 354A).
Consequences of Breach
Governing Laws
If an employer fails to comply with the POSH Act, 2013, action can be taken under Section 14 and 26 of the Act. Consequences may include:
- Monetary Penalty: Fine for not forming an Internal Complaints Committee, failing to act on complaints, or violating provisions of the Act.
- Malicious Complaints: Action may be taken if a complaint or evidence is found to be false, malicious, or forged. However, inability to prove a complaint is not punishable.
- Repeat Offenses: Penalty may be doubled, and the business license may be canceled or not renewed.
- Reputational Damage: Non-compliance or misuse can severely affect the organization’s credibility and employee trust.
Under the Arbitration and Conciliation Act, 1996, disputes can be resolved through arbitration, offering faster, confidential, and fair resolution. Section 7 mandates arbitration if included in the POSH, while Section 8 allows courts to refer disputes to arbitration
- Faster Resolutions: Avoids lengthy legal battles.
- Confidential Proceedings: Keeps sensitive business information private.
- Fair Dispute Resolution: A neutral arbitrator decides the case.
How DigiLawyer Can Help?
DigiLawyer provides end-to-end legal support to help businesses meet every legal requirement under the POSH Act, 2013. Whether you're setting up your Internal Complaints Committee or handling a sensitive case, our experts guide you with care, clarity, and compliance. Here’s how we help you:
Custom POSH Policy Drafting – We create personalized policies tailored to fit your company’s structure and culture.
ICC Setup Support – Get guidance on setting up your Internal Complaints Committee (ICC) with all the right procedures and documentation.
Legal AI Consultation – Get easy access to legal experts for specific advice and help with resolving cases.
Case Management & Follow-Ups – We take care of all paperwork, legal notices, and regular follow-ups to keep your case on track.
Low-Cost, High-Value – Expert legal consultation at a fraction of traditional fees, making it affordable for you.
Challenges and Opportunities for Victims of Workplace Harassment
Challenges
Opportunities
- Difficulty in gathering evidence - The complainant must provide emails, messages, CCTV footage, witness statements, or recordings to prove harassment, which is difficult to prove.
- Pressure to Withdraw the Complaint – Victims may face pressure from colleagues, HR, or family to drop the case.
- Lack of awareness of POSH rights - Many workplaces do not know the victim’s legal rights, leading to poorly handled complaints.
- Delays in legal resolutions - If the case escalates beyond ICC, it can take months or even years for a resolution.
- Risk of manipulation by senior employees - If the wrongdoer is a senior, or influential figure, they may manipulate ICC proceedings.
- Potential bias in ICC handling - Some companies have inactive or biased ICCs, favoring the wrongdoer.
- Emotional impact - Many complainants face mental trauma, anxiety, and workplace hostility.
- Risk of misunderstanding - A weak case may be dismissed as a misunderstanding rather than genuine harassment.
- Job Loss or Career Setback – Some employers may try to push out the complainant to avoid bad publicity
- Court Rulings Favoring Victims – Courts are becoming stricter on POSH violations, increasing the chances of a positive outcome.
- Support from Legal and Social Networks – Women's rights groups, NGOs, and POSH consultants offer free legal aid and support.
- Anonymous Complaint Filing – Some companies allow confidential reporting systems to protect the victim’s identity.
- Stronger Chances for Settlement – If the evidence is strong, the wrongdoer may prefer an out-of-court settlement, benefiting the victim.
- Public Awareness Helping the Case – Media coverage can put pressure on companies to resolve cases quickly to avoid bad PR.
- Compensation for Harassment – If proven, the victim can receive financial compensation from the harasser or employer.
FAQ's
The Internal Complaints Committee (ICC) is responsible for addressing complaints related to sexual harassment. They conduct an inquiry into the complaints, maintain confidentiality, and take necessary actions as per the law.
Under the POSH Act, complaints cannot be anonymous. While a written complaint can be filed without disclosing the complainant's identity, courts have ruled that the ICC cannot act on anonymous complaints. The complainant’s identity must be disclosed for the investigation to proceed, ensuring fairness to both parties.
The POSH Act specifically focuses on protecting women from sexual harassment at the workplace. However, organizations can adopt separate harassment policies to cover all genders. The ICC can investigate all cases, but actions are disciplinary, not part of the POSH Act. Training and awareness programs can be gender-neutral, ensuring inclusivity for all employees.
A POSH investigation is conducted by the Internal Complaints Committee (ICC) or Local Complaints Committee (LCC). The process involves:
- Filing a Complaint: The aggrieved person files a formal complaint.
- Inquiry: The committee conducts a fair investigation, interviewing the complainant, respondent, and witnesses.
- Confidentiality: All parties' identities and details are kept confidential.
- Findings & Action: The committee recommends disciplinary actions if harassment is confirmed. If not, the complaint may be dismissed.
- Final Report: The employer is informed of the findings, and the complainant is notified of the outcome.
False complaints of sexual harassment are taken seriously under the POSH Act. If a complaint is proven to be false, the complainant may face legal consequences, including:
- Up to two years in prison
- A fine of ₹1 lakh, or both
Additionally, the organization may take disciplinary action, which could include the termination of employment.
If you believe the ICC is unfair in handling your complaint, you have several other options to file your complaint:
- Local Complaints Committee (LCC) - You can approach the Local Complaints Committee for further assistance in resolving your complaint.
- District Officer - If the issue is not resolved at the LCC level, you can escalate the matter to the District Officer.
- High Court or Supreme Court - As a final option, you can approach the High Court or Supreme Court to seek justice.
A complaint can be filed based on the complainant’s statement alone. It is the ICC’s duty to investigate every complaint fairly and transparently. To proceed with the case, the ICC may consider evidence such as statements from both parties, CCTV footage, text messages, witness accounts, and other relevant material.
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