Facing Sexual Harassment at Work? A Guide to the POSH Act, 2013
The POSH Act, 2013 requires every workplace with 10 or more employees to have an Internal Committee (IC) to receive and investigate sexual harassment complaints. You can file a written complaint within 3 months of the incident (extendable by another 3 months for valid reasons), and the IC must complete its inquiry within 90 days.
What the POSH Act actually covers
The Act covers unwelcome physical contact, sexual advances, demands or requests for sexual favours, sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal or non-verbal conduct of a sexual nature — whether it happens once or repeatedly, in the office or at a work-related event outside it.
Who handles your complaint
If your employer has 10 or more employees, they're legally required to have an Internal Committee (IC) to handle these complaints. If your workplace has fewer than 10 employees, or the complaint is against your employer directly, you file with the district-level Local Committee (LC) instead.
How to file — Section 9
File a written complaint with the IC or LC within 3 months of the incident (or the last incident, if it was repeated). This window can be extended by up to 3 more months if the Committee is satisfied there was a valid reason for the delay. If you're unable to file yourself, someone else can file on your behalf with your consent.
What happens during the inquiry
You have a right to be heard and to present evidence and witnesses. You can also request interim relief while the inquiry is pending — such as a transfer for either party, leave, or an order restraining the respondent from contacting you. The Committee is required to complete its inquiry within 90 days.
Confidentiality and protection from retaliation
The identity of the complainant, the respondent, and any witnesses is legally required to stay confidential throughout the process. Retaliation or victimisation against someone for filing a complaint in good faith is itself punishable under the Act — you don't lose protection by speaking up.
If your workplace has no Internal Committee
An employer who fails to constitute an IC where required is non-compliant with the law, and separate penalty provisions apply to them. That doesn't leave you without a route — you can go directly to your district's Local Committee instead.
Frequently asked questions
I'm scared of retaliation if I complain — what protects me?
Confidentiality is legally mandated throughout the process, and retaliation or victimisation against a complainant is itself a punishable offence under the Act.
Can men file complaints under POSH?
The Act is specifically designed to protect women employees as complainants. Men facing workplace harassment have other avenues — internal HR policy, general labour law, or criminal law — but not this Act directly.
What if the harasser is a client or vendor, not a colleague?
The Act covers harassment by third parties as well, not just co-workers — the complaint still goes to your employer's Internal Committee or the Local Committee.
This is general legal information, not legal advice. For guidance on your specific situation, use the VakilSOS Assistant.