INTRODUCTION
In the current global landscape, safety has become a critical concern due to the rise in various crimes. Safety entails not just physical protection, but also mental well-being. A safe workplace is essential for the growth of any organisation, as employees prefer environments where they feel secure. Movements such as #MeToo have highlighted the urgent need to address workplace sexual harassment, particularly targeting women’s harassment. With a rising number of women joining the workforce, understanding the legal remedies available becomes imperative. This blog aims to clarify the legal reporting procedures established by the POSH Act of 2013.[1]
WHAT IS THE POSH ACT
The POSH Act stands for “The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.[2] This law was enacted by the Indian Government to protect women from sexual harassment in the workplace.[3] It ensures that women feel safe and respected at work. Although the Act primarily aims to safeguard women, its protections have been interpreted to apply across gender identities.[4]
According to ‘Section 2 (n)’ of this Act, “sexual harassment” can include any of the following stated below, whether direct or implied –
- Any kind of physical contact
- Demanding or requesting an intimacy exchange
- Making improper comments that are sexual
- Showing pornographic content
- Any kind of sexual acts that are physical, verbal, or non-verbal, which are unwelcome.[5]
To understand legal provisions on how to take steps against the harassment, it is important to know whether it falls under the ambit or not. The definition of workplace under the POSH Act resolves this issue.
‘Section 2 (o)’ “workplace” includes-
- Any department, organisation, undertaking, establishment, enterprise, institution, office, branch, or unit that is created, owned, managed, or predominantly funded by resources supplied either directly or indirectly by the relevant Government, local authority, Government company, corporation, or co-operative society
- Any private sector entity or a private initiative, business, establishment, organization, institution, association, trust, non-profit organization, unit, or service provider engaged in commercial, professional, vocational, educational, entertainment, industrial, health-related, or financial activities, encompassing production, supply, sale, distribution, or provision of services.
- Healthcare facilities or assisted living centres
- Any athletic institution, arena, sports facility, or venue for competitions or games, whether residential or utilised for training, sports, or related activities
- Any location an employee visits as part of their job duties, including transportation provided by the employer for such travel
(vi) A residential property or home
(p) “Unorganised sector” regarding a workplace refers to a business owned by individuals or self-employed individuals engaged in producing or selling goods or providing any type of service, and if the business employs workers, the number of those workers is fewer than ten.[6]
SOME INSTANCES OF WORKPLACE SEXUAL HARASSMENT
- Despite the employee’s apparent discomfort, a senior manager inappropriately touches their thigh or shoulder within their office or during meetings.
- A male employee remarks that a female colleague received her promotion solely based on her physical appearance.
- A supervisor intimidates a female employee with the threat of termination for refusing to provide sexual favourss.
- Indicating sexual acts through suggestive gestures.
YOUR INITIAL STEP TO TAKE WHEN YOU FACE SEXUAL HARASSMENT
It is imperative to address the matter directly: harassment is universally distressing. Should you find yourself in such a situation, maintain hope. It is crucial to remain composed and manage your emotions, be it anger, frustration, or sadness, because the legal system is in place to ensure justice is served. Remaining composed will help in clearly articulating the steps you need to take. Begin by collecting evidence and documenting essential information such as the date, time, location, individuals involved, and the presence of any witnesses. Safeguard any emails, text messages, and CCTV footage you may possess. Discuss the incident with trusted colleagues only if you feel secure in their company. You are entitled to legal assistance and protection from retaliation as part of your constitutional rights under Articles 14 and 21 of the Constitution of India.[7]
EMPLOYER’S RESPONSE
The ICC Report will be sent to the employer, who must take the necessary actions, such as punishing the harasser, transferring the victim to another, or paying compensation. The employer cannot delay obeying the suggestions and must abide by the suggestions within 60 days.[8]
CASES WHERE ICC IS NOT AVAILABLE
When an organisation has fewer than 10 employees, the victim must submit a complaint to the LCC (Local Complaints Committee). The LCC is established by the District Officer.[9]
HOW TO FIND YOUR LCC
You may conveniently locate your LCC by either visiting the District Officer’s office[10] to inquire directly or by accessing the official district websites. Additionally, you can reach out to your State Women’s Commission, which will assist you in identifying your LCC.
KNOW YOUR RIGHTS AS A COMPLAINANT
- Confidentiality: The identity of the complainant, respondent, and witnesses, as well as the contents of the complaint and inquiry, are protected, ensuring the entire incident remains confidential. However, information may be published without disclosing the name, address, identity, or any other particulars that could lead to the identification of the aggrieved woman and witnesses.[11]
- Protection: Even if the complaint is not ultimately substantiated, the complainant cannot be terminated or punished merely for raising the issue.[12]
- Legal assistance: Complainants may seek legal advice or representation during the proceedings, and cannot be denied access to counsel.[13]
- Interim relief: The Complainant is entitled to seek interim relief, which may involve the transfer of the Complainant or the Respondent, or the grant of up to three months of paid leave, as directed by the [14]
IMPORTANT TO NOTE:
Ensure that complaints are genuine, as filing false or malicious complaints without evidence can attract penalties.[15] However, failure to prove a case does not imply the complaint was false.[16]
CRITICAL ANALYSIS
The POSH Act’s progressive goals notwithstanding, several obstacles remain in the way of its implementation. The Act is not well known in many Indian workplaces, particularly in rural, unorganised, or male-dominated industries,[17] and in many organisations, ICCs are either nonexistent or function ineffectively.[18] As a result, victims lose their voice, and the law becomes ineffectual. Many people are deterred from coming forward by societal pressures, power dynamics, cultural stigmas, and fear of destroying their careers. Campaigns for awareness and sensitisation at the corporate and governmental levels are therefore essential.
Furthermore, many employees continue to fear being blamed or losing their jobs if they report workplace harassment. Although the POSH Act includes specific protections against retaliation, its implementation is patchy.[19] To counteract this, organisations must go beyond legal compliance and foster a zero-tolerance culture. This includes implementing regular training sessions, gender sensitisation workshops, and anonymous complaint channels to guarantee a safer, more inclusive atmosphere.[20]
Another issue is the Act’s terminology, which, while progressive, still primarily focuses on ‘women’ as victims. While the Act seeks to protect all employees, its title and emphasis can cause employers to overlook harassment of men, transgender people, or members of the LGBTQ+ community.[21] An intersectional approach that acknowledges vulnerabilities across gender identities is thus required to make workplace safety a universal right.
CONCLUSION
Sexual harassment in the workplace is a serious barrier to achieving gender equity and professional integrity. The Prevention of Sexual Harassment (POSH) Act, 2013[22] was a watershed moment in India’s legal response to this ubiquitous issue, aiming to provide a structured, victim-centred redressal framework that ensures both accountability and deterrence.
This blog aims to clarify the procedural framework incorporated into the POSH Act by providing a thorough guide for reporting sexual harassment in professional contexts. It has clarified the statutory definitions of key terms such as “sexual harassment”[23] and “workplace,”[24] expanded on the roles and responsibilities of the Internal Complaints Committee (ICC) and Local Complaints Committee (LCC)[25], and offered a step-by-step process for complainants to follow. It has also addressed victims’ procedural safeguards, such as the right to confidentiality, legal help, and an interim remedy.[26] While the law provides an important foundation for protection and redress, its full effectiveness is dependent on efficient implementation, regular training, and the development of an inclusive and respectful organisational culture.
To summarise, the POSH Act of 2013 is more than a legal responsibility; it expresses a commitment to ensuring safe, egalitarian, and dignified workplaces. Its success is based not just on the presence of redressal methods, but also on individuals’ and institutions’ collective willingness to preserve its ideals. As a result, all stakeholders—employers, employees, legislators, and civil society—must collaborate to bridge the gap between legislative purpose and practical reality. A harassment-free workplace can only be achieved through ongoing awareness, accountability, and cultural reform.
Author(s) Name: Sriyanka Rath (S’O’A NATIONAL INSTITUTE OF LAW)
References:
[1] The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (India).
[2] The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (India).
[3] The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (India).
[4] The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (India).
[5] The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (India) s 2(n).
[6] The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (India) s 2(o).
[7] Constitution of India 1950, art 14 and art 21.
[8] The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, s 13.
[9] The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, s 6.
[10] Ministry of Women and Child Development, ‘Handbook on Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013’ https://wcd.nic.in/sites/default/files/Handbook%20on%20Sexual%20Harassment%20of%20Women%20at%20Workplace.pdf accessed 13 June 2025.
[11] The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, s 16.
[12] The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, s 12(1); The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules 2013, r 8.
[13] Constitution of India 1950, arts 21 and 39A.
[14] The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, s 12(1).
[15] The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, s 14.
[16] The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, s 14(1) proviso.
[17] Ministry of Women and Child Development, Handbook on Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (2015).
[18] National Commission for Women, Annual Report 2023–24 (NCW, March 2025); Centre for Policy Research, Long Annual Report 2022–23 (CPR, September 2023).
[19] The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, s 12; POSH Rules 2013, r 8.
[20] Ministry of Women and Child Development, Handbook on Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (2015) 12.)
[21] Saumya Uma, ‘Sexual Harassment Law Needs Gender-Neutral Reform’ (The Wire, 25 April 2019) https://thewire.in/gender/sexual-harassment-law-needs-gender-neutral-reform accessed 13 June 2025.
[22] The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (India).
[23] The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (India) s 2(n).
[24] The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (India) s 2(o).
[25] The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, ss 4 and 6.
[26] The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, ss 12 and 16; Constitution of India 1950, arts 14 and 21.
