Workplace Rights

What is POSH Act? Every Employee’s Guide to Sexual Harassment Law in India

12 min read

Updated June 2026

Workplace Safety

You’ve probably seen the POSH Act mentioned in a mandatory training video you half-watched on your first day. Most employees never look at it again — until they need to understand exactly what it protects, who it covers, and how a complaint actually works. Here is the complete, practical breakdown.

Almost every employee in India has sat through a POSH awareness session at some point, often as a tick-box exercise during onboarding. Few employees actually understand what the law covers, who it applies to, or what genuinely happens after a complaint is filed.

This gap matters. The POSH Act exists specifically to give employees a structured, legally backed process for addressing sexual harassment at work — but a process only works if people understand how to use it, what protections it actually offers, and what their employer is legally required to do.

This article breaks the law down clearly: what it is, who it covers, what counts as harassment under it, how the complaint process works, and what protections exist for anyone who comes forward.

What the POSH Act Actually Is

POSH stands for the Prevention of Sexual Harassment Act. Its full name is the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. It is a central law that built upon and formalised the earlier Vishaka Guidelines, issued by the Supreme Court in 1997, which were the first legal framework addressing workplace sexual harassment in India before a dedicated law existed.

The Core Purpose of the Act

The POSH Act exists to provide a structured complaint mechanism, mandatory employer obligations, and legal protection for employees facing sexual harassment at work — moving the issue from informal, inconsistent handling to a legally enforceable process every covered workplace must follow.

Who the Act Covers

The POSH Act’s coverage is broader than many people assume, extending well beyond traditional full-time office employees.

Covered

All women employees, regardless of role

Full-time, part-time, contractual, temporary, daily wage, and probationary women employees are all covered under the Act.

Covered

Interns, trainees, and apprentices

The Act explicitly extends protection to women in these categories, even where a traditional employer-employee relationship may not exist.

Covered

Domestic workers, in a separate but related provision

Domestic workers are covered under the Act, though the redressal mechanism for them runs through the Local Complaints Committee rather than an internal one.

Covered

Visitors to the workplace

A woman visiting a workplace for any work-related purpose, even without being employed there, can file a complaint regarding an incident at that workplace.

The Act specifically protects women The POSH Act, as written, provides its formal complaint mechanism specifically to women employees. Many organisations have separate internal policies addressing harassment complaints from male or non-binary employees, but these typically operate outside the specific statutory framework of the POSH Act itself. Check your company’s broader harassment policy for how it handles complaints outside the Act’s defined scope.

What Counts as Sexual Harassment Under the Act

The Act defines sexual harassment broadly, covering a range of unwelcome conduct — not only physical acts. Understanding this scope matters, since many people underestimate what legally qualifies.

Physical Conduct

Unwelcome physical contact or advances

Any unwanted physical contact, advances, or gestures of a sexual nature fall squarely within the Act’s definition.

Verbal Conduct

Sexually coloured remarks or demands

This includes a demand or request for sexual favours, as well as sexually suggestive remarks, jokes, or comments.

Visual Conduct

Showing pornography or inappropriate material

Displaying sexually explicit material in the workplace, whether physically or digitally, is explicitly covered.

Implicit Conduct

Creating a hostile work environment

Conduct that creates an intimidating, hostile, or offensive environment, even without a single isolated incident, can still qualify.

Quid Pro Quo Harassment = Implied or explicit promise of preferential treatment, or threat of detrimental treatment, tied to sexual favours

This includes situations where submission or refusal affects your employment, promotion, or working conditions

The Internal Committee: Where Complaints Are Heard

Every employer with 10 or more employees is legally required to constitute an Internal Committee (commonly called an IC, sometimes still referred to by the older term ICC). This committee is responsible for receiving and inquiring into complaints under the Act.

Presiding Officer — a senior woman employee

The committee must be headed by a woman employed at a senior level within the organisation, to ensure leadership over the process.

At least two employee members

These members should be committed to the cause of women or have relevant experience in social work or legal knowledge.

One external member from an NGO or association

This independent, outside member is a mandatory requirement, intended to reduce internal bias and add an external perspective to the process.

If your company has under 10 employees Smaller organisations are not required to set up an Internal Committee. In these cases, complaints are directed to the Local Complaints Committee, constituted at the district level by the government, which serves the same function for employees of smaller establishments and for domestic workers.

How the Complaint Process Actually Works

File a written complaint within 3 months of the incident

The complaint should be submitted to the Internal Committee, describing the incident in as much detail as possible. The Committee can extend this timeline by another 3 months if there is sufficient reason for the delay.

The Committee may attempt conciliation, if you request it

If the complainant specifically requests it, the Committee can attempt a settlement before initiating a formal inquiry — though this cannot involve any monetary settlement and is entirely optional for the complainant to pursue.

A formal inquiry is conducted if conciliation isn’t pursued

Both parties are given an opportunity to be heard, and the Committee completes its inquiry within a defined timeframe, typically aimed at being completed within 90 days.

The Committee submits findings and a recommendation

Based on the inquiry, the Committee recommends specific action to the employer, who is then required to act on the recommendation within a defined period.

Protections During and After the Complaint

The Act includes specific safeguards designed to protect complainants from retaliation and to maintain fairness throughout the process.

Protection	What It Means
Confidentiality	The identity of the complainant, respondent, and details of the proceedings must be kept confidential throughout the process
Protection from retaliation	The Act prohibits adverse action against the complainant, witnesses, or anyone involved in the process because of their participation
Interim relief	The Committee can recommend interim measures during the inquiry, such as transfer of either party or granting leave to the complainant
Right to appeal	Either party can appeal the Committee’s findings through the process specified under the Act if they are dissatisfied with the outcome

“Confidentiality under the POSH Act isn’t optional courtesy — it is a legal requirement. Breaching it can itself attract penalties under the Act.”

WorkRightsIndia

What Happens to False or Malicious Complaints?

The Act includes a specific provision addressing complaints made with malicious intent or knowingly false evidence, since this is a common concern raised about the process.

An important distinction The Act explicitly states that a complaint should not be treated as false or malicious merely because the Committee was unable to substantiate it or arrive at a conclusive finding. Malicious intent has to be specifically established before any action can be taken against a complainant — an unproven complaint is not automatically treated as a false one.

Employer Obligations Under the Act

The POSH Act places clear, affirmative obligations on employers, not just a passive requirement to respond if something happens.

Mandatory

Constitute an Internal Committee

Required for every workplace with 10 or more employees, with the specific composition mandated under the Act.

Mandatory

Display the policy prominently

The organisation’s POSH policy and the consequences of sexual harassment must be displayed at a conspicuous place within the workplace.

Mandatory

Conduct regular awareness programmes

Employers must organise workshops and awareness programmes at regular intervals to sensitise employees about the Act.

Mandatory

File an annual report

Employers must include details of POSH complaints received and resolved in their annual report, or file this separately as required.

What If Your Company Has No Internal Committee?

Despite being a clear legal requirement, many smaller and even mid-size organisations in India still fail to constitute a compliant Internal Committee. If this applies to your workplace, you are not without options.

Approach the Local Complaints Committee directly

If your employer has not constituted an Internal Committee as required, you can file your complaint directly with the district-level Local Complaints Committee instead.

Note that non-compliance is itself a punishable offence

An employer’s failure to constitute an Internal Committee, or to comply with other obligations under the Act, can attract a separate penalty under the law, independent of the harassment complaint itself.

Common Misunderstandings, Cleared Up

Belief	Reality
“POSH only applies to large corporate offices”	It applies to any workplace with 10 or more employees, and a related mechanism exists for smaller workplaces and domestic work through Local Complaints Committees.
“I have to go to the police first”	The Internal Committee process is independent of criminal proceedings. You can pursue an internal complaint, a police complaint, or both, depending on your circumstances.
“My complaint becoming public is unavoidable”	Confidentiality is a legal requirement under the Act, and breaching it is itself a punishable violation.
“If the Committee can’t prove it, I’ll be punished for a false complaint”	An inconclusive finding does not automatically mean the complaint is treated as false or malicious — that has to be separately and specifically established.

What to Do Right Now

Find out if your company has a constituted Internal Committee, and where its details and policy are displayed, before you ever need to use it.
Document any incident in writing as soon as possible — dates, what was said or done, and any witnesses — since this becomes important if you choose to file a complaint.
If you need to file a complaint, use our POSH Complaint Letter Generator to create a clear, professionally worded written complaint to submit to your Internal Committee.

The One Line to Remember

The POSH Act gives you a specific, legally enforceable process — not just a vague company policy. Knowing exactly how that process works, and that confidentiality and protection from retaliation are legal requirements, means you can use it with confidence if you ever need to.

Use These Tools

⚖️ POSH Complaint Letter Generator Create a clear, professional written complaint for your Internal Committee 📋 Warning Letter Response Generator If you face retaliation after filing a complaint, respond to it formally

This article is for informational purposes only and does not constitute legal advice. If you are facing harassment at work or need to file a complaint, consider consulting a qualified lawyer or reaching out to your organisation’s Internal Committee directly. Information in this article is current as of June 2026.