Sexual Harassment Act India: POSH 2013 Explained

Understanding the Sexual Harassment Act in India

I’ve spent 21 years writing and advising on legal protections, and the Sexual Harassment Act—formally the POSH Act 2013—is one of the most important safeguards in our workplaces today. In this article, I’ll walk you through its origins, how it works, the real challenges on the ground, and practical steps any organization in India can take to comply and care. Along the way, I’ll share stories, quotes, and even a plain-text checklist you can use now.

What is the Sexual Harassment Act?

The Sexual Harassment Act is the shorthand for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Often referred to as the POSH Act 2013, it replaced the earlier Vishakha Guidelines, which were issued by the Supreme Court in 1997 following the horrific Bhanwari Devi case.

The POSH Act aims to prevent, prohibit and redress sexual harassment in the workplace, ensuring women can work without fear. The term Sexual Harassment encompasses quid pro quo, hostile environment, and a broad range of unwelcome physical, verbal, or non‑verbal conduct.

Why Was the Sexual Harassment Act Needed?

The Vishakha Judgment in 1997 was triggered by the Bhanwari Devi case: a Dalit woman in Rajasthan who was gang‑raped in retaliation for her work against child marriage. The Supreme Court then mandated employer accountability and interim safety mechanisms—but those remained guidelines, not law.

Lobbying continued for more than a decade. Finally, in December 2013, India passed the POSH Act, setting solid legal obligations for organisations.

As lawyer Naina Kapur famously noted, “The Sexual Harassment Bill undermines the innovative spirit of Vishakha”—a reminder that even when ambition meets legislation, the spirit must remain intact.

Scope & Applicability of the Sexual Harassment Act

Who it covers: Any woman employee—permanent, temporary, contractual, trainee, even domestic worker—is protected.
Which workplaces: All public or private organizations, branches with ≥10 employees, even private homes with domestic staff.
Workplace definition: Includes the office, work-related travel, client locations, or domestic environments .

Employer non-compliance—like failing to set up an ICC or conduct training—can result in penalties, fines, and reputational damage.

Key Definitions under the Sexual Harassment Act 2013

The POSH Act offers essential definitions:

Sexual Harassment: includes sexual advances, requests for favors, sexually colored remarks, displaying pornography, or anything unwelcome physically, verbally, or non‑verbally.
Aggrieved woman: the complainant.
Employer: anyone hiring employees, including institutions, NGOs, local bodies.
Domestic worker: included under the definition when working in homes.

These modern definitions ensure a wide‑ranging and progressive protective scope.

Internal Complaints Committee (ICC) Requirements

Every organization with 10 or more employees must form an Internal Complaints Committee (ICC) through written order. Here’s what it must include:

A Presiding Officer, a senior woman employee—if none available, she can be nominated from another branch.
At least 2 employee members, committed to women’s welfare or experienced in social/legal work.
At least 1 external member, from a women’s NGO or specialist in sexual harassment issues.
Minimum 4 members total, at least 50% women.

ICC Duties & Powers:

Handle complaints within 90 days, with reports given to employer/District Officer, and action taken within 60 days.
Offer conciliation if requested.
Provide interim relief, maintain confidentiality, and deliver final recommendations.
Collect evidence and interview parties with civil court powers.
File annual reports, training plans, and awareness programs.

Quote: “Creating Respectful Workplaces: The complaint committee … is a critical component of creating a safe and harassment‑free workplace in India.”

Local Complaints Committee & District Officer

When:

A workplace has fewer than 10 employees, or
The complaint is against the employer themselves—

then a Local Complaints Committee (LCC), set up by the District Officer, takes jurisdiction. This ensures coverage even for small workplaces or farms.

The District Officer—usually the district magistrate or collector—is responsible for forming these committees, appointing nodal officers, and guiding complaint resolution.

Penalties, Non-compliance & Enforcement

Employers who ignore the POSH Act face:

A fine of ₹5,000 on first default—repeated offenses attract heavier fines, withholding of benefits, or legal liabilities.
The government has the power to cancel trade licences or registration for continuous defaulters .
A FICCI‑EY report from 2015 found that 36% of Indian companies, and nearly 25% of MNCs, were still non‑compliant.
In May 2023, half of sports federations in India still lacked ICCs.
Recently, the Bombay High Court ruled POSH doesn’t apply to advocates vs. Bar Councils, since they lack employer‑employee ties.

Implementation Challenges & Case Studies

Non‑compliance Across Sectors

A national audit revealed ghost ICCs or dormant ones, where mandated mandates and training were ignored.

Extending POSH to Domestic Workers

In June 2025, Kerala’s Women’s Commission announced extending POSH protection to female domestic workers, including routes to workplace, routine mental harassment, and commute.

Wrestlers’ Protest Case

In 2023, India’s women wrestlers protested, citing missing ICC structures at grappling centres. Though inconclusive legally, it highlighted deep ICC gaps .

Best Practices for Employers & HR

Here’s a plain-text Compliance Checklist your business can use now:

markdownCopyEditPOSH COMPLIANCE CHECKLIST
------------------------
1. ICC formed with:
   - Senior woman Presiding Officer
   - ≥2 employee members
   - ≥1 external NGO/legal expert
2. ICC term ≤ 3 years
3. Training scheduled quarterly/annually
4. Confidential complaint channels + policy displayed
5. Inquiry completed within 90 days
6. Action taken within 60 days
7. Annual ICC report shared with management
8. Employee awareness via posters, e‑learning, sessions
9. External audit & periodic compliance review

SDC: Implement & communicate your policies clearly, conduct regular training for managers and staff, and keep strong internal oversight with annual audits .

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Improving Awareness & Building a Respectful Culture

Story: In a mid‑size IT firm, a casual joke led to discomfort. A young woman reported it to HR. Because the team had undergone POSH e‑learning, everyone recognized that even jokes can hurt. An ICC investigation led to sensitivity training, improving morale and trust.

I often say, “Culture change begins with awareness and empathy.” Storytelling helps drive impact: when leaders share real incidents (anonymized), it builds respect and safety.

FAQs:

Who can file a complaint?

A woman employee, visitor, client, or domestic worker assaulted or harassed in connection with work.

What’s the timeline for ICC action?

The ICC must conclude inquiry within 90 days of receiving a complaint, and the employer must act within 60 days.

What if an employer doesn’t have ICC?

Complaints go to the Local Complaints Committee (LCC) set up by District Officer.

Can male employees be complainants?

No. The act applies to complaints filed by women only—under current law.

Are domestic workers covered?

Yes—as clarified by Kerala Women’s Commission, domestic workers and their commute are covered.

Conclusion

The Sexual Harassment Act (POSH Act 2013) is a landmark in Indian workplace legislation. It’s built on Supreme Court foundations, offering clear legal definitions, strong institutional systems (ICC/LCC), and penalties to ensure compliance.

The Act’s impact extends beyond law—it reflects women’s rights, dignity, empowerment, and a culture of respect. But its power is only realized when organizations implement it fully: form committees, train staff, educate employees, encourage reporting, and handle cases with transparency and empathy.

Call‑to‑Action

I’d love to hear from you:

👉 Have you implemented POSH fully in your workplace? What challenges remain? Please leave your comment, share this article with the HR teams you know, or explore our related posts on Workplace Safety Laws in India and Women’s Rights Acts.