Laws Around Sexual Harassment (POSH): Protecting Women at Work
Table of Contents
POSH Act: Legal Framework & Scope
Defines sexual harassment broadly: unwelcome advances, requests for sexual favours, and hostile work environment.
Applies to all workplaces—public, private, organized, and unorganized sectors, including virtual settings.
Refer to poshActOverviewGraphic and scopeAndCoverageGraphic for details on applicability.
Key Definitions & Behaviours
- • Quid Pro Quo: Tying job benefits to sexual favours.
- • Hostile Environment: Offensive remarks, visuals, or conduct interfering with work.
- • Physical & Non‑Verbal: Unwanted touching, stalking, gestures, display of pornography.
Employer Duties & Responsibilities
Formulate and circulate a written policy against sexual harassment.
Constitute an Internal Complaints Committee (ICC) with diverse members.
Conduct mandatory training and awareness programs annually.
See dutiesAndResponsibilitiesGraphic for a full checklist.
Internal Complaints Committee (ICC) Structure
Minimum 4 members: Presiding Officer (senior woman employee), two other employees, one external expert.
Tenure, term, and quorum requirements ensure independence and representation.
Review internalCommitteeStructureGraphic for committee composition and functions.
Filing & Redressal Process
- • Lodge a written complaint within 3 months of the last incident (extendable by 3 months).
- • ICC issues notice to respondent within 7 days and conducts preliminary inquiry.
- • Formal inquiry completed within 90 days; recommendations to management within 60 days.
Inquiry & Investigation Standards
Hear both parties with respect and impartiality, collect evidence, maintain confidentiality.
Apply natural justice principles—fair notice, representation, right to cross‑exam.
Refer to investigationProcessGraphic for step‑by‑step inquiry stages.
Confidentiality & Non‑Retaliation
All records and proceedings must be kept confidential.
No victimization or retaliation against complainant or witnesses.
Consult confidentialityProtectionGraphic for safeguards and prohibited actions.
Training & Awareness Programs
- • Interactive workshops on recognizing harassment and bystander intervention.
- • E‑learning modules accessible to remote and field staff.
- • Refer to trainingAwarenessToolkitGraphic for sample session outlines and materials.
Escalation & External Remedies
If ICC fails to act or delays, approach district officer or tribunal within 90 days of ICC order.
File criminal complaint under IPC Section 354A or relevant provisions.
See timelineAndEscalationGraphic for escalation pathways and timelines.
Support & Resource Directory
Government helplines (181 Women’s Helpline), legal aid clinics, mental health services.
NGOs like WSS, Jagori, and local women’s collectives offering counselling and shelter.
Refer to resourceDirectoryGraphic for contacts, websites, and app links.
Next Steps
- • Review your organization’s POSH policy and identify ICC members.
- • Schedule a refresh training session using trainingAwarenessToolkitGraphic.
- • Save emergency contacts and helplines from resourceDirectoryGraphic.