Sexual harassment remains a serious concern that affects a woman’s dignity, equality, and right to a safe work environment. For decades, women across sectors faced unwanted comments, inappropriate behaviour, and power-driven misconduct with very limited avenues for justice. With no formal law to address workplace discrimination, many cases were ignored or resolved informally without accountability.
A national conversation on women’s safety eventually pushed India to establish a structured legal framework, leading to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, popularly known as the PoSH Act. This landmark law defines workplace sexual harassment, sets preventive obligations, and mandates redressal systems for all establishments.
How the PoSH Act Came Into Existence
India’s legal response to workplace sexual harassment began after a national outcry in 1997, following the brutal assault of a social worker in Rajasthan. The incident exposed the absence of workplace safety laws and highlighted the urgent need for enforceable protections for women.
With no legislation in place, the Supreme Court stepped in and issued the Vishaka Guidelines in the historic Vishaka vs. State of Rajasthan judgment. These guidelines acted as the first-ever framework for preventing workplace sexual harassment.
Key legislative milestones thereafter:
- Lok Sabha passed the Bill on 3 September 2012
- Rajya Sabha approved it on 26 February 2013
- Presidential assent was granted on 23 April 2013
- The Act came into force on 9 December 2013
With this, the PoSH Act became the official law of the land, replacing the Vishaka Guidelines and extending protection to women across all types of workplaces in India.
Core Elements of India’s Workplace Sexual Harassment Law
The PoSH Act provides a comprehensive framework to ensure the safety and dignity of women at work:
1. Who the Act Protects
The PoSH Act applies exclusively to women—regardless of age, status, role, or employment type. Interns, volunteers, domestic workers, permanent staff, contractual workers, and even visitors are protected.
2. What Constitutes Sexual Harassment
According to the Act, sexual harassment includes any unwelcome:
- Physical contact or advances
- Sexually coloured remarks
- Showing pornography
- Demanding sexual favours
- Sexual gestures or behaviour that creates a hostile environment
These acts may be verbal, physical, visual, written, or digital.
3. Mandatory Complaint-Handling Bodies
- Establishments with 10 or more employees must set up an Internal Committee (IC/ICC).
- District Officers must create Local Committees (LCCs) for workplaces with fewer than ten employees or where no IC exists.
The IC has powers similar to a civil court for evidence collection and can offer conciliation if the complainant requests it.
4. Timelines for Inquiry and Resolution
- Complaints should be processed within 90 days
- The final report is sent to the employer or District Officer
- Action must be taken on the report within 60 days
The law also protects individuals against false or malicious complaints—ensuring fairness for all.
5. What Qualifies as a Workplace
The definition includes organisations, offices, branches, institutions, hospitals, schools, factories, unorganised sectors, public and private entities, and even places of work during:
- Remote working
- Virtual meetings
- Offsite duties
- Travel for work
6. Confidentiality Requirements
Inquiry proceedings must remain confidential. Any breach can result in:
- A fine of ₹5,000 for the employer
- Possible suspension of business licence for repeated violations
- Reputational and legal consequences
7. Criminal Liability
Under the Criminal Law (Amendment) Act, 2013, sexual harassment can also amount to a criminal offence, punishable with imprisonment of up to three years, a fine, or both.
Employers are required to ensure that serious offences are reported to law enforcement.
Importance of Complying With the PoSH Act
Following the PoSH Act is not only a statutory obligation—it is essential for creating workplaces rooted in trust, dignity, and equal opportunity. Compliance helps organisations:
- Build safer environments
- Strengthen employee confidence
- Reduce legal risks
- Improve organisational culture
However, true compliance goes far beyond forming a committee. It requires continuous awareness programmes, proper documentation, clear processes, regular training, and timely policy updates.
How Safe At Work Supports Organisations
At Safe At Work, we assist companies with end-to-end PoSH compliance, including:
- Drafting or updating PoSH policies
- Conducting training for employees, managers, HR teams, and IC members
- Facilitating advanced IC capacity-building programmes
- Carrying out PoSH audits and compliance assessments
- Offering expert guidance for documentation and reporting
We help organisations build systems that are not only compliant, but genuinely safe and empowering for women employees.