Workplace sexual-harassment law
The POSH Act requires prevention, a complaint mechanism and a fair inquiry into sexual harassment of women at workplaces. Internal or Local Committee action can operate alongside a criminal complaint.
On this page
What this situation can include
- The Act includes unwelcome physical contact and advances, demands or requests for sexual favours, sexually coloured remarks, showing pornography and other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
- Promises of advantage, threats of disadvantage, threats to employment status, interference with work or creation of an intimidating, offensive or hostile environment may be relevant surrounding circumstances.
- Workplace is defined broadly and can include places visited during employment and employer-provided transport. Domestic workers are expressly addressed through the Local Committee route, subject to the Act.
What this may mean
A complaint is ordinarily made in writing within three months of the incident or last incident in a series. The committee can assist in writing and may extend by up to a further three months for recorded reasons where circumstances prevented filing.
Conciliation may occur only at the aggrieved woman's request before inquiry, and monetary settlement cannot be its basis. If conciliation is not requested or fails, the committee conducts an inquiry under the applicable rules.
The committee may recommend interim measures during inquiry. It reports findings and recommendations to the employer or District Officer; confidentiality provisions restrict publication of complaint and inquiry information.
Possible next steps
Identify the committee and deadline
Ask for the committee order, member contacts, complaint procedure and last-incident date. If no Internal Committee exists or the complaint is against the employer, locate the district Local Committee.
Write conduct, context and requested protection
Describe each act, work connection, witnesses, messages, power imbalance, retaliation and interim measures needed. Keep a dated copy and receipt.
Keep criminal and internal choices clear
Ask for assistance if the conduct may be an offence. The employer cannot insist that an internal process replace access to police.
What may happen after seeking help or reporting
- The committee checks jurisdiction and time, gives both parties a fair opportunity, conducts inquiry under the applicable service rules or prescribed manner, and issues findings.
- It may recommend action for proved harassment, compensation factors or no action where not proved. Mere inability to substantiate a complaint does not itself establish a malicious complaint.
- The employer or District Officer receives recommendations and must act as the Act provides. Appeals may be available under the applicable law or service rules within the statutory framework.
Important limits and cautions
- Coverage depends on the statutory definitions of aggrieved woman, employee, workplace and respondent. Student-only complaints may use other institutional rules.
- Confidentiality protects the process; it should not be misused to silence requests for a committee, safety measures or lawful reporting.
- Committee quality and local administration vary. Keep receipts and seek legal advice where access, bias or retaliation is a concern.
Words a supporter can use
Helping prepare a POSH complaint
“We can put each unwelcome act, date, work connection, witness and retaliation in order, then state the interim protection you need. Conciliation is your choice, not a condition, and an internal process does not remove a police option where an offence may have occurred.”
What institutions must do
Create a real, independent complaint system
- Constitute the committee correctly, train members, publish access, assist complaints, provide facilities and prevent retaliation.
- Implement lawful recommendations, meet reporting duties and preserve confidentiality without institutional secrecy.
Maintain an accessible Local Committee route
- Ensure district contact details and access for domestic workers, small workplaces and complaints against employers.
Related issue guides
Sources and publication record
Reviewed and approved by the project team · Sources checked . Reviewed and approved by the project team against the official sources listed on this page. This is general legal information, not advice for an individual proceeding.
- Sexual Harassment of Women at Workplace Act, 2013India Code, Legislative Department
- SHe-Box workplace sexual-harassment complaint portalMinistry of Women and Child Development
- Bharatiya Nyaya Sanhita, 2023India Code, Legislative Department
- Bharatiya Nagarik Suraksha Sanhita, 2023India Code, Legislative Department
- Free legal services and National Legal Aid Helpline 15100National Legal Services Authority