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.

Timeline infographic of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Timeline infographic of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Diagram of where POSH applies: office, field, virtual meetings, business trips, client sites.
Diagram of where POSH applies: office, field, virtual meetings, business trips, client sites.

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.
Chart defining sexual harassment behaviours—verbal, non‑verbal, physical, and quid pro quo.
Chart defining sexual harassment behaviours—verbal, non‑verbal, physical, and quid pro quo.

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.

Toolkit of employer’s duties—policy, training, safe infrastructure, annual reporting.
Toolkit of employer’s duties—policy, training, safe infrastructure, annual reporting.

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.

Flowchart of constitution and composition of the Internal Complaints Committee.
Flowchart of constitution and composition of the Internal Complaints Committee.

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.
Step‑by‑step flowchart of lodging, investigating, and resolving a complaint under POSH.
Step‑by‑step flowchart of lodging, investigating, and resolving a complaint under POSH.

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.

Infographic of investigation stages: notice, inquiry, evidence, enquiry report, recommendations.
Infographic of investigation stages: notice, inquiry, evidence, enquiry report, recommendations.

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.

Diagram of confidentiality obligations for all parties during and after inquiry.
Diagram of confidentiality obligations for all parties during and after inquiry.

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.
Collection of training modules and awareness posters for employees and managers.
Collection of training modules and awareness posters for employees and managers.

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.

Timeline graphic of mandatory inquiry completion within 90 days and escalation options.
Timeline graphic of mandatory inquiry completion within 90 days and escalation options.

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.

Directory of legal aid services, government helplines, and women’s rights NGOs.
Directory of legal aid services, government helplines, and women’s rights NGOs.

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.
Checklist of actionable next steps: review policy, identify ICC members, schedule training.
Checklist of actionable next steps: review policy, identify ICC members, schedule training.