The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is commonly known as the POSH Act. The POSH Act was passed in 2013 to stop, punish and provide remedies for sexual harassment of women at work. The Indian government passed a very important law. This law's goal is to safeguard women's rights at work. It makes it clear what the law says about how to stop and deal with sexual harassment. The Act makes sure that women can work in a safe place that treats them with respect and promotes equality. The POSH Act covers all workplaces, whether they are public or private, organized or not. It tells every employer they have to take steps to stop problems before they happen, set up a complaints committee and follow a set of steps for getting things fixed. It encourages a culture of fairness, respect and responsibility at work through the Act.
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What is POSH Full Form?
The POSH full form is Prevention of Sexual Harassment of Women at Workplace (Protection, Prohibition and Redressal) Act, 2013. This was a crucial landmark in the recognition and redressal of sexual harassment in all workplaces across India. The POSH act was enacted with sexual harassment at workplaces in mind; it broadly defines sexual harassment to include all forms of physical, verbal, and other non-verbal behavior, marking a sort of welcoming in the workplace. It primarily aims at safeguarding the employees from harassment so that they can work in a safe environment free from intimidation or discrimination.
Applicability of POSH Act
The POSH Act covers all sectors of the organisations: from private to public, with ten and more employees. This includes corporate offices, education and NGOs, government establishments. All workplaces must, according to the Act, formulate their anti-sexual harassment policies and take measures to curb sexual harassment.
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History of POSH Act
The POSH Act was a result of the December 9 date, 2013. This was a natural repercussion of the swelling wave of activist movements for the rights of women in India. It was an initiative after the landmark judgment of 1997 by the Supreme Court on the Vishaka ruling that outlined guidelines regarding sexual harassment in the workplace.
Structure of the POSH Act, 2013
The POSH Act is broken up into clear chapters and sections that spell out the rules for how to stop and deal with sexual harassment at work. The Act is broken down below in a way that follows the official bare act format
Part/Chapter | Content Title | Sections Covered |
Preamble | Introduction and objective of the Act | – |
Chapter I – Preliminary | Short title, commencement, definitions | Section 1 to Section 2 |
Chapter II – Prevention, Prohibition and Redressal | Constitution of Internal Committee, Local Committee, Complaint Procedure, Inquiry, Relief, Confidentiality, Action, Punishment, Duties of Employer | Section 3 to Section 20 |
Chapter III – Miscellaneous | Powers of Government, Reporting, Penalties, Power to Make Rules, etc. | Section 21 to Section 30 |
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Rules under the POSH Act, 2013
The POSH Act, 2013 lays down clear rules that every organization must follow to prevent sexual harassment and ensure a safe and respectful workplace for women.
1. Formation of Internal Committee (IC)
Organizations with 10 or more employees must form an Internal Committee to handle sexual harassment complaints. The committee must include
A senior woman employee as Presiding Officer
At least two internal members committed to women’s welfare
One external member from an NGO or with relevant legal knowledge
2. Clear Anti-Harassment Policy
Every organization must have a formal policy against sexual harassment.
It should clearly define what constitutes harassment
Include complaint procedures and consequences for offenders
Must be shared and explained to all employees
3. Regular Awareness Programs
Employers must conduct training sessions to spread awareness about
The POSH Act and its provisions
How to recognize and report harassment
The role of the Internal Committee in redressal
4. Accessible Complaint Mechanism
Employees must have a clear and easy way to file complaints.
Complaints must be made in writing (with help if needed)
Information about where and how to file must be shared with everyone
5. Strict Confidentiality
All complaints must be kept strictly confidential.
Details about the complainant, respondent and witnesses must not be disclosed
This ensures safety and prevents social backlash
6. Time-Bound Inquiry
The Internal Committee must complete its inquiry within 90 days of receiving a complaint.
Delays are not permitted under the Act
7. Interim Relief Measures
During an ongoing investigation the IC can recommend temporary measures such as
Transfer of either party
Leave for the complainant
Change in reporting structure to avoid contact
8. Action Based on Inquiry Findings
Once the inquiry is complete, the IC submits its report to the employer.
The employer must take appropriate action within 60 days, such as warning, suspension, or termination.
9. Annual Reporting
Every organization must submit an annual report mentioning
Number of complaints received
Number resolved
Actions taken
This report is submitted to the District Officer
10. Protection from Retaliation
The Act protects employees from any form of retaliation.
Complainants, witnesses, or committee members cannot be punished or harassed for being part of the process
11. Educating Employees about Rights
Employers must regularly inform all staff about
Their rights under the POSH Act
The process to seek help and raise complaints
This can be done through posters, handbooks, or induction sessions
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Objectives of the POSH Act
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, was enacted to ensure the safety, dignity, and equality of women at workplaces. Its primary goal is to provide a robust legal framework to prevent and address sexual harassment in professional environments.
Stop Sexual Harassment: To prevent any unwanted behavior or actions that make a woman feel uncomfortable at work.
Protect Women at Work: To keep women safe and secure while working, no matter what job they do or where they work.
Provide a Way to Complain: To set up a simple and clear system (Internal Committee) where women can report issues and get help.
Create a Safe Workplace: To make the office or workplace free from fear, and friendly for everyone.
Make Employers Responsible: To ensure bosses and companies take steps to follow the rules and support affected employees.
Spread Awareness: To teach all employees about what sexual harassment is and how to stop it.
Cover All Workplaces: To apply the rules not just in offices, but also in factories, schools, shops, homes, and more.
Few Important Sections of POSH Act
Following are the key sections and provisions that come under the POSH Act
Section 4: Obligation of the Employer to Prevent Sexual Harassment
This section mandates the employer to form an appropriate policy against sexual harassment. It includes the following requirements for the employer
Forming an Internal Complaints Committee (ICC) for redressing grievances
Publicizing the policy among all employees
Organizing training programs concerning the policy and the procedures to raise complaints concerning harassment.
Section 16: Procedure of the ICC
Section 16 Procedural Provisions by the ICC in the Process of Inquiry into Complaints The provisions for the ICC on investigation of complaints state
The inquiry shall be fair and informal.
The inquiry shall be conducted in confidence.
The inquiry shall be completed within a period, which may in total exceed 90 days .
Section 18: Powers to be exercised by the ICC
This section explicitly states the power vested upon the ICC, including
Powers to recommend disciplinary action against the accused based on the findings of the investigation.
This would mean interim measures in the course of an investigation, such as transfer or alteration of duties to ensure employees' safety.
Section 19: Responsibilities of Workplaces
Responsibilities of workplaces in terms of the compliance with the Act are highlighted under Section 19, which entails
Assisting the ICC in conducting their investigations.
Ensuring the safety of employees and no retaliatory actions against complainants.
Producing records to show registration and outcomes of complaints
Section 21: Consequences of Non-compliance
This section prescribes penalties on employers, failing to comply with the provisions of the POSH Act. These are as follows
Financial penalties for failing to set up an ICC or not dealing with complaints appropriately
Possibility of legal consequences arising out of continued non-compliance, which may include stiffer penalties for the authorities.
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Punishment Under the POSH Act
The POSH Act has particular provisions of penalties and punishments in connection with any breach of its guidelines. Therefore, both the perpetrator of sexual harassment and the employer would be liable for the breach of the Act. Here is a summary of the punitive measures in the Act:
1. Against Perpetrators of Sexual Harassment
Disciplinary Action: Upon ICC investigation of a complaint, if the person complained about is found guilty. The ICC may recommend the following disciplinary actions:
Warning or Reprimand: Verbal warning on possible future conduct.
Suspension: Removal from duty temporarily. The period can be as short as a few days to several months, depending on the offense committed.
Termination: Separation from the organization for grave offenses.
2. Against False Complaints
Punishment for Malicious Complaints: If the complaint is held to be false or false with oblique motives, the complainant shall also undergo disciplinary action that may be in the form of
Fines: monetary penalties issued.
Termination of Employment: In those cases where falsity is extreme, one loses one's job.
Legal Action: Depending on circumstances, legal action can be initiated against individuals filing knowingly false complaints, among others.
3. Employer Responsibilities
Punishment for Non-Compliance: An employer can face punishment by failing to comply with provisions of the POSH Act, or failing to set up an Internal Complaints Committee, among other things.
Fines: Fines may be levied on employers for their failure to adhere to the law.
Legal: Continued failures to comply may attract legal measures in the form of criminal charges and punishments from the government.
The ICC plays a highly important role in giving effect to these punishments. In this scenario, it would have to conduct an inquiry into the matter and then give advice according to the findings.
These recommendations should be given due consideration by the employers, and proper action should be taken so that the Act is not violated within their companies.
New Amendments IN POSH Act 2013
As of May 2025, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Amendment Bill, 2024 remains under consideration in the Indian Parliament. Introduced as a Private Member’s Bill by Dr. Sasmit Patra in the Rajya Sabha on February 2, 2024, the bill proposes significant changes to the existing POSH Act, 2013.
Extended Complaint Filing Timeline
The bill seeks to amend Section 9 of the POSH Act by extending the time limit for filing complaints from the current 3 months to 12 months from the date of the incident. Additionally it allows the Internal Committee (IC) discretion to condone delays beyond this period based on case circumstances.
Elimination of Conciliation Provision
The proposed amendment aims to remove Section 10 which currently allows for conciliation between the complainant and the respondent before initiating a formal inquiry. This change is intended to ensure that complaints are addressed through formal inquiry procedures, thereby preventing potential coercion or undue influence on complainants to settle.
POSH Act in Company
Companies should regard compliance under the POSH Act as a moral ethos rather than a legal compulsion. Organizations must mandatorily conduct regular training programs, create awareness among all their employees regarding the policies and procedures of the act, and be proactive enough to avoid such malpractices at workplaces. A proactive approach may work wonders to enhance the workplace culture and employee satisfaction.
In a nutshell,
The POSH Act is the most significant advancement made by Indian legislation towards the rights of women and safety in the workplace. With an organization guaranteeing a safe environment at work, as well as clear redressal mechanisms in procedures, the Act gives respect and dignity to all employees. Continuous efforts towards educating and enforcing the provisions of the Act are important to achieve their objectives.
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FAQs on POSH Act, 2013
Q1. What is the POSH Act?
The POSH Act stands for the Prevention of Sexual Harassment of Women at Workplace Act, 2013. It aims to protect women from sexual harassment at the workplace.
Q2. Who is covered under the POSH Act?
Any woman working in a workplace—whether full-time, part-time, intern, or contract employee—is covered, including domestic workers.
Q3. What is the penalty for violating the POSH Act?
Employers who do not comply with the Act may face a fine of up to ₹50,000. Repeat violations can lead to higher penalties or cancellation of business licenses.
Q4. What is considered sexual harassment under POSH?
It includes unwelcome physical contact, sexually colored remarks, showing pornography, or any act that makes a woman feel unsafe or uncomfortable.
Q5. What is the famous case of POSH Act?
A notable case is the Vishaka v. State of Rajasthan (1997). Though predating the Act, this landmark judgment laid the foundation for the POSH law by setting workplace safety guidelines.
Q6. Who can file a complaint under POSH?
Any woman employee who feels sexually harassed at the workplace can file a written complaint within 3 months of the incident.
