Prevention of Sexual Harassment of WOMEN ACT 2013

About CSIA Law Associates Legal Services

I. Introduction

Purpose of the Act: To prevent and redress sexual harassment of women at the workplace.
Enacted in compliance with the Vishaka Guidelines laid down by the Supreme Court in 1997.
Applies to all workplaces across India, in both public and private sectors.

II. Legal Framework

Name of the Act: The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Came into force: December 9, 2013.
Accompanied by the POSH Rules, 2013 for implementation.

III. Key Definitions

Sexual Harassment
Includes unwelcome acts or behavior (whether directly or by implication), such as:
- Physical contact and advances
- A demand or request for sexual favors
- Sexually colored remarks
- Showing pornography
- Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

Workplace
- Includes office premises, branch offices, factories, government bodies, NGOs, private organizations, etc.
- Also includes places visited during employment (off-site locations, transport, client sites).

Employee
- Any person employed at a workplace, including temporary, part-time, ad hoc, or daily wage workers.

IV. Scope and Applicability

Applies to every workplace with 10 or more employees (for ICC constitution).
Covers women employees, clients, interns, domestic workers, etc.
Gender-neutral in intent, but legally focused on protection of women.

V. Constitution of Committees

Internal Committee (IC) – For organizations with 10 or more employees
- Presiding Officer: Senior woman employee
- At least 2 members committed to women’s causes or legal knowledge
- One external member (NGO or legal background)
- Minimum 50% women representation

Local Committee (LC) – For workplaces with fewer than 10 employees or when the employer is the respondent
- Set up by District Officer

VI. Duties of Employers

Constitute an Internal Committee (IC)
Display POSH policy and penal consequences
Conduct awareness and training programs
Provide safe working environment
Assist IC or LC during inquiry
Submit annual reports to the District Officer

VII. Complaint Mechanism

Filing a Complaint
- To be made in writing within 3 months of the incident (extendable to 6 months in justified cases)

Conciliation Option
- If the complainant requests, the IC may facilitate conciliation (excluding monetary settlement)

Inquiry Procedure
- IC must complete the inquiry within 90 days
- Report to be submitted to employer within 10 days

Action on Inquiry Report
- Employer must act on findings within 60 days
- Penalties may include warning, transfer, suspension, or termination

False or Malicious Complaints
- Action may be taken against complainants for intentionally false accusations, but mere inability to substantiate is not punishable

VIII. Penalties and Non-Compliance

Fine up to ₹50,000 for non-compliance (e.g., failure to constitute IC)
Repeated violations can lead to:
- Higher penalties
- Cancellation of business license
- Government deregistration

IX. Rights of the Aggrieved Woman

Right to confidentiality
Right to fair inquiry and hearing
Right to protection from victimization or retaliation
Right to seek transfer or leave during inquiry

X. Confidentiality Obligations

Identity of the complainant, respondent, witnesses, or contents of the complaint and inquiry report must be kept confidential
Breach of confidentiality can lead to a penalty under the Act

XI. Role of Legal Practitioners

Drafting POSH policies and compliance frameworks
Advising ICs during inquiries
Conducting awareness and training programs
Representing clients in disputes or appeals under service or labor laws

XII. Recent Developments & Judicial Interpretation

Expansion of the definition of "workplace" by courts (e.g., work-from-home scenarios)
Court rulings emphasizing due process and neutrality of IC members
Increasing regulatory focus on employer compliance

XIII. Conclusion

The POSH Act is a critical legislation ensuring women’s right to a safe and dignified working environment. It places legal and moral responsibility on employers to prevent, prohibit, and redress sexual harassment. Robust policy implementation, proper training, and legal support are essential for compliance and workplace safety

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Frequently Asked Questions

Please reach us at csialawassociates@gmail.com if you cannot find an answer to your question.

1. What is the POSH Act?

The POSH Act (Prevention of Sexual Harassment of Women at Workplace Act, 2013) is a central law enacted to protect women from sexual harassment at the workplace and provide mechanisms for redressal.

2. Who is protected under the POSH Act?

Any woman who is an employee, intern, trainee, visitor, or client — including temporary and part-time staff — is protected under the Act, regardless of her age or position.

3. What constitutes sexual harassment under the Act?

Sexual harassment includes:

Physical contact and advances
A demand or request for sexual favors
Making sexually colored remarks
Showing pornography
Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature

4. What is considered a “workplace” under the POSH Act?

A workplace includes not only office premises but also:

Any place visited in the course of employment (e.g., offsite meetings, transport)
Work-from-home environments
Educational institutions, hospitals, sports facilities
NGOs and domestic households (for domestic workers)

5. What is an Internal Committee (IC)?

it is a mandatory committee that every employer with 10 or more employees must establish to handle complaints of sexual harassment. It must be headed by a senior woman employee and include at least one external member.

6. How can a woman file a complaint under the POSH Act?

She must submit a written complaint to the Internal Committee within 3 months of the incident. The time limit can be extended by another 3 months if sufficient reasons exist.

7. Can the parties choose conciliation instead of inquiry?

Yes, before starting an inquiry, the Internal Committee can facilitate conciliation (if the complainant requests it). However, monetary settlements are not allowed as a basis of conciliation.

8. How long does the Internal Committee take to complete the inquiry?

The inquiry should be completed within 90 days, and the report submitted to the employer within 10 days of its completion.

9. What action can be taken if the complaint is proven true?

Depending on the severity, the employer may:

Issue a warning or reprimand
Deduct salary or benefits
Transfer or suspend the respondent
Terminate employment
Take any other disciplinary action as per company policy

10. What if a false complaint is made?

If a complaint is found to be malicious or intentionally false, the Internal Committee may recommend action against the complainant. However, an unproven complaint alone does not amount to a false complaint.

11. Is it mandatory to keep the complaint confidential?

Yes, confidentiality is legally mandated. The identity of the complainant, respondent, and witnesses, and the details of the inquiry must not be disclosed to anyone not involved in the process.

12. What are the penalties for non-compliance with the POSH Act?

Fine of up to ₹50,000 for the first violation
Repeated violations can lead to higher fines or cancellation of business license or registration

13. Does the Act apply to men or cover harassment by women?

Currently, the POSH Act is gender-specific and protects women from sexual harassment. However, companies may adopt gender-neutral policies internally for broader protection.

14. Is legal representation allowed during the IC inquiry?

No. The POSH Act does not permit legal practitioners to represent either party during the Internal Committee inquiry, to maintain informality and avoid intimidation.

15. How often must employers conduct POSH training or awareness?

The law mandates regular sensitization programs and orientation for Internal Committee members. Employers must also prominently display the consequences of sexual harassment at the workplace.