This article is for educational and legal awareness purposes only. It does not constitute legal advice or solicitation. Please consult a qualified advocate for advice on specific legal matters.
Introduction
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the POSH Act), enacted following the Supreme Court’s Vishaka guidelines (1997), came into force on 9 December 2013. It imposes obligations on employers to prevent and redress sexual harassment, establishes a complaint and inquiry mechanism, and prescribes penalties for non-compliance. This article covers the key provisions, complaint procedure, employer obligations, criminal law provisions, and significant judicial developments.
What Constitutes Sexual Harassment — Sections 2(n) and 3
Definition Under Section 2(n)
Sexual harassment under the POSH Act includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication):
- Physical contact and advances
- A demand or request for sexual favours
- Making sexually coloured remarks
- Showing pornography
- Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature
Circumstances Amounting to Sexual Harassment — Section 3
The following circumstances, in connection with the above acts, also constitute sexual harassment:
- Quid Pro Quo — An implied or explicit promise of preferential treatment in employment, or an implied or explicit threat of detrimental treatment or about the present or future employment status.
- Hostile Work Environment — Interference with work performance or creating an intimidating, hostile, or offensive work environment. Humiliating treatment likely to affect health or safety.
Key Definitions
- Aggrieved Woman (Section 2(a)) — Any woman, of any age, whether employed or not, who alleges to have been subjected to sexual harassment. This includes domestic workers.
- Employee (Section 2(f)) — Includes regular, temporary, ad hoc, daily wage, contract workers, co-workers, probationers, trainees, and apprentices.
- Workplace (Section 2(o)) — Broadly defined to include government and private offices, hospitals, educational institutions, sports venues, transport, dwelling places, and any place visited by the employee arising out of or during the course of employment. This has been interpreted to cover remote/work-from-home environments as well.
Internal Complaints Committee (ICC) — Section 4
Every employer with 10 or more employees must constitute an Internal Complaints Committee at each office or branch.
Mandatory Composition (Minimum 4 Members)
- Presiding Officer — A woman employed at a senior level at the workplace.
- At least two Members — From amongst employees, preferably committed to the cause of women or with experience in social work or legal knowledge.
- One External Member — From an NGO or association committed to the cause of women, or a person familiar with issues relating to sexual harassment.
Requirements
- At least 50% of members must be women.
- Term of office: 3 years from the date of nomination.
- The ICC has the powers of a civil court for summoning persons, examining witnesses on oath, and requiring production of documents (Section 11).
Local Complaints Committee (LCC) — Section 6
The District Officer (Collector/Additional Collector) constitutes a Local Complaints Committee for:
- Workplaces with fewer than 10 employees.
- Cases where the complaint is against the employer.
- Complaints by unorganised sector workers and domestic workers.
Composition (Minimum 5 Members)
- Chairperson — An eminent woman in the field of social work.
- One Member — A woman working in the block, taluka, or municipality.
- Two Members — From NGOs or associations (at least one must be a woman; at least one must have a background in law).
- Ex-officio Member — The officer dealing with social welfare or women and child development in the district.
At least 50% of members must be women. Term: 3 years.
Complaint Procedure
Filing the Complaint — Section 9
- The complaint must be in writing. If the aggrieved woman is unable to write, the Presiding Officer or a member of the ICC/LCC must render reasonable assistance.
- The complaint must be filed within 3 months from the date of the incident. In a series of incidents, within 3 months from the date of the last incident.
- The ICC/LCC may condone a delay of up to 3 further months (total 6 months) if satisfied that circumstances prevented timely filing.
Conciliation — Section 10
Before initiating an inquiry, the ICC/LCC may, at the request of the aggrieved woman, attempt to settle the matter through conciliation. No monetary settlement is permitted as a basis of conciliation. If a settlement is reached, no further inquiry is conducted.
Inquiry Process — Section 11
- The inquiry must be completed within 60 days of receipt of the complaint.
- The respondent receives a copy of the complaint and must file a response within 10 working days.
- The ICC/LCC has the powers of a civil court — it may summon persons, examine on oath, and require discovery and production of documents.
- Proceedings are confidential — the identity of the complainant, respondent, and witnesses, as well as inquiry details, cannot be published or made known to the public or media.
Interim Relief — Section 12
During the pendency of the inquiry, the ICC/LCC may recommend that the employer:
- Transfer the aggrieved woman or the respondent to another workplace.
- Grant leave to the aggrieved woman for up to 3 months (in addition to her regular leave entitlement).
- Restrain the respondent from reporting on the aggrieved woman’s work performance or writing confidential reports.
Inquiry Report — Section 13
The ICC/LCC must submit its findings to the employer or District Officer within 10 days of completing the inquiry. The employer must implement the recommendations within 60 days.
Protection Against False Complaints — Section 14
If the ICC/LCC concludes that the allegation was false and made with malicious intent, it may recommend action against the complainant as per the service rules.
Important safeguard: The mere inability to substantiate the complaint does not attract action under this section. Malicious intent must be positively established. This provision cannot be used to discourage genuine complaints.
Employer Obligations — Section 19
Every employer is required to:
- Constitute an ICC at every office or branch with 10 or more employees.
- Display prominently at the workplace the penal consequences of sexual harassment and the composition of the ICC (names, contact details).
- Organise workshops and awareness programmes at regular intervals to sensitise employees and train ICC members.
- Provide a safe working environment, including safety from persons who come into contact at the workplace.
- Assist the aggrieved woman in securing legal help where required.
- Facilitate the ICC in conducting inquiries by providing documents and secretarial assistance.
- Treat sexual harassment as misconduct under the service rules and take appropriate action.
- File an Annual Report with the District Officer containing details of complaints received, disposed of, pending, and workshops conducted.
Penalties for Non-Compliance — Section 26
| Violation | Penalty |
|---|---|
| Failure to constitute ICC | Fine up to Rs 50,000 |
| Failure to act on ICC recommendations | Fine up to Rs 50,000 |
| Failure to file annual report | Fine up to Rs 50,000 |
| Repeat offence | Double the fine (up to Rs 1,00,000) and cancellation, withdrawal, or non-renewal of licence or registration needed to carry on business |
Criminal Law Provisions — BNS Section 75
In addition to the POSH Act’s civil and service-law remedies, criminal prosecution is available under the BNS, 2023 (replacing Section 354A IPC, effective 1 July 2024):
BNS Section 75 — Sexual Harassment:
Acts constituting the offence:
- (i) Physical contact and advances involving unwelcome and explicit sexual overtures
- (ii) A demand or request for sexual favours
- (iii) Showing pornography against the will of a woman
- (iv) Making sexually coloured remarks
Punishment:
- For acts (i), (ii), (iii): Rigorous imprisonment up to 3 years, or fine, or both.
- For act (iv) — sexually coloured remarks: Imprisonment up to 1 year, or fine, or both.
Related BNS provisions:
- Section 74 — Assault or criminal force on a woman with intent to outrage modesty.
- Section 76 — Assault with intent to disrobe.
- Section 77 — Voyeurism.
- Section 78 — Stalking (including cyber stalking).
Both civil/service-law remedies and criminal prosecution may proceed simultaneously.
Online and Remote Workplace Harassment
The POSH Act’s definition of “workplace” under Section 2(o) — “any place visited by the employee arising out of or during the course of employment” — covers remote work environments. This includes:
- Sexually inappropriate remarks or advances during video calls.
- Harassing emails, text messages, or WhatsApp messages.
- Inappropriate images or videos shared through digital platforms.
- Online stalking of a colleague connected to the workplace.
ICCs are expected to have protocols for documenting digital evidence, including screenshots, call recordings, and electronic communication records.
Key Supreme Court Decisions
Vishaka v. State of Rajasthan (1997) 6 SCC 241
Following the gang-rape of social worker Bhanwari Devi in Rajasthan, the Supreme Court held that workplace sexual harassment violates fundamental rights under Articles 14, 15, 19(1)(g), and 21. The Court issued the Vishaka Guidelines as binding directions — defining sexual harassment, imposing obligations on employers, and directing the constitution of Complaints Committees. These guidelines served as law for 16 years until the POSH Act was enacted.
Medha Kotwal Lele v. Union of India (2013) 1 SCC 297
Observing that Vishaka implementation remained “woefully inadequate” after 15 years, the Supreme Court directed all states to ensure strict compliance, amend service rules to recognise Complaints Committees as inquiry authorities, and ensure all Complaints Committees are headed by women.
Aureliano Fernandes v. State of Goa (2023)
The Supreme Court found the inquiry was conducted in a “tearing hurry” violating natural justice. The Court issued nationwide directives to constitute functional ICCs and LCCs, ordered a district-wise compliance survey, and reinforced that the respondent’s right to be heard applies fully to POSH inquiries.
Vaneeta Patnaik v. Nirmal Kanti Chakrabarti (2025)
The Supreme Court upheld strict adherence to the 3-month limitation period for filing complaints and introduced the “direct nexus test” for determining when the limitation period commences. Delay condonation is an exception, not the rule.
SHe-Box Portal
The SHe-Box (Sexual Harassment Electronic Box) is an online portal by the Ministry of Women and Child Development at shebox.wcd.gov.in. Relaunched in August 2024, it provides:
- A centralised platform for women to file complaints online — both government and private sector employees.
- Real-time complaint tracking and status monitoring.
- A repository of all ICCs and LCCs across the country.
- Over 1,48,700 workplaces onboarded as of 2025.
To file: visit the portal, select government or private sector, fill in the required fields, and submit. Tracking credentials are provided by email.
Useful Resources
- SHe-Box Portal — File workplace sexual harassment complaints online
- National Commission for Women — File complaints with the NCW
- Indian Kanoon — Search Indian case law and statutes
- India Code — POSH Act, 2013 — Full text of the Act
- National Legal Services Authority — Free legal aid information
Disclaimer: The information provided on this website is for general legal awareness and educational purposes only. It does not constitute legal advice, advertisement, or solicitation. No reader should act or refrain from acting based on this information without seeking professional legal counsel. Advocate Akhil Singh and this website are not liable for any actions taken based on the content provided herein.