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Know your rights

Sexual harassment at work (POSH)

Every woman has the right to a workplace free of sexual harassment, whether she is an employee, intern, consultant, domestic worker or visitor. The law sets out who hears the complaint and how fast.

Last updated: Reviewed by IndiaDigital editorsSources

In 30 seconds

Complain in writing to your employer’s Internal Committee within three months of the incident (it can extend another three). If there are fewer than 10 workers, or the complaint is against the employer, go to the district Local Committee. The inquiry must finish in 90 days. You can ask for a transfer or leave while it runs, and your identity must be kept confidential. You can also file a police complaint.

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Your rights

What counts

Unwelcome physical contact or advances, a demand or request for sexual favours, sexually coloured remarks, showing pornography, or any other unwelcome sexual conduct, including implied promises or threats about your job.

POSH Act 2013, s.2(n), 3

Internal Committee in every office of 10+

Every employer with 10 or more workers must set up an Internal Committee led by a senior woman, with an outside member from an NGO or legal background.

s.4

Local Committee for everyone else

Every district has a Local Committee for workplaces with fewer than 10 workers, domestic workers, and complaints against the employer.

s.6

Time limits

Complaint within 3 months of the incident or the last incident; the Committee can extend it by 3 months for good reason. Inquiry within 90 days; the employer must act on the report within 60 days.

s.9, 11(4), 13(4)

Interim relief and confidentiality

During the inquiry you can ask for a transfer (of you or the respondent) or up to three months’ leave. Your identity and the proceedings cannot be made public.

s.12, 16

Conciliation only if you ask

Settlement is possible only at your request, and never with money.

s.10

What to do, step by step

  1. Write down what happened

    Dates, places, words used, messages, witnesses. Save screenshots and emails.

  2. Find the Internal Committee

    Its members’ names should be displayed at the workplace. HR must tell you. Government employees can also use the SHe-Box portal.

  3. Give a written complaint

    Six copies with documents and witness names. If you cannot write, the Committee must help you.

  4. Ask for interim relief if needed

    Transfer, leave, or that the respondent not report on your work.

  5. Appeal if unhappy

    You can appeal the outcome within 90 days. A police complaint (BNS 75, which replaced IPC 354A) is a separate right.

Letters and tools that help

This is general information, not legal advice. Laws and state rules change; check the official source or ask a lawyer. Free legal aid: call NALSA 15100 or visit your District Legal Services Authority.

Questions people ask

Does POSH cover men?

The POSH Act protects women. Men can use their company’s policy and the general criminal law; many employers have gender-neutral policies.

What if my company has no Internal Committee?

Complain to the Local Committee through the District Officer. The employer can be fined up to ₹50,000 for not forming one.

Does it cover work from home and work trips?

Yes. A workplace includes any place visited during employment, including transport provided by the employer and, in practice, online work spaces.

Sources

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