If you're experiencing sexual harassment at work in India, the law is on your side. The POSH Act 2013 created a comprehensive framework to prevent and address workplace harassment. Here's what you need to know about your rights and how to take action.
The Sexual Harassment of Women at Workplaces (Prevention, Prohibition and Redressal) Act 2013 protects all women from sexual harassment at any workplace in India. The law's definition of "workplace" is broad — it covers offices, factories, hospitals, sports institutions, domestic work settings, and even work-from-home arrangements.
Crucially, the Act protects not just regular employees but also contract workers, interns, daily wage workers, volunteers, and visitors. If you are a woman and you experienced harassment at or in connection with a workplace, the POSH Act applies to you.
The POSH Act defines sexual harassment as any of the following unwelcome acts or behaviour:
The Act also recognises two broad categories: quid pro quo harassment (where a workplace benefit like a promotion or continued employment is tied to sexual favours) and hostile work environment (where the conduct creates an intimidating, offensive, or humiliating atmosphere).
Every workplace with 10 or more employees is legally required to constitute an Internal Complaints Committee. The ICC must meet specific requirements:
No ICC is itself a violation. If your employer has not set up an ICC, the employer can be fined up to ₹50,000. A repeated failure can result in double the penalty and cancellation of their business licence.
You must submit a written complaint to the ICC within 3 months of the incident (or the last incident, if it was ongoing). This period can be extended by an additional 3 months if the ICC is satisfied there were circumstances that prevented you from filing earlier.
Once a complaint is filed, the ICC must complete its inquiry within 90 days. During the inquiry, you have the right to request interim relief, including:
If your workplace doesn't have an ICC, or if the ICC fails to act on your complaint, you are not without options. You can file your complaint with the Local Complaints Committee (LCC), which is constituted by the District Officer (usually the District Magistrate) in every district.
You can also file a police complaint under relevant sections of the Indian Penal Code. Section 354A IPC specifically deals with sexual harassment and carries a punishment of up to 3 years' imprisonment. Other sections (354, 354B, 354C, 354D, 509) may apply depending on the nature of the conduct.
The POSH Act explicitly prohibits retaliation against a complainant. If your employer takes any adverse action against you — such as demotion, unfavourable transfer, poor appraisals, or termination — after you've filed a complaint, this is challengeable under the Act. The ICC is required to recommend action against anyone who retaliates.
Your identity and the details of your complaint are also protected — the Act prohibits publication or disclosure of the complainant's identity and the inquiry proceedings.
Tell Vera what's happening — free and confidential.
General legal information only — not legal advice. For specific situations, consult the Local Complaints Committee or a qualified lawyer.