By Harsh Singh Dahiya, Advocate, Supreme Court of India | Partner, Sterling & Partners

Sexual harassment at the workplace is not merely an HR problem — it is a violation of the constitutional rights of women under Articles 14, 15, 19(1)(g), and 21 of the Constitution of India. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) governs the obligations of every employer in India and the rights of every woman who experiences harassment at work.

The Vishaka Legacy

In Vishaka and Others v. State of Rajasthan (AIR 1997 SC 3011), the Supreme Court issued binding guidelines requiring employers to prohibit sexual harassment and establish complaints committees. These guidelines remained in force until the POSH Act came into effect on 9 December 2013.

What Constitutes Sexual Harassment?

The POSH Act defines sexual harassment broadly to include: physical contact and advances; demands for sexual favours; sexually coloured remarks; showing pornography; and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. The Act also recognises hostile work environments and quid pro quo situations.

The definition of “workplace” is intentionally wide: it includes not only the employer’s premises but also any place visited by the employee arising out of employment, and transportation provided by the employer.

Who Is Protected?

The POSH Act protects any woman working at a workplace in any capacity — permanent, temporary, contractual, probationary, apprentice, daily wage, interns, and visitors. The respondent may be any person, not just a co-employee.

Employer Obligations

Internal Complaints Committee (ICC)

Every employer with ten or more employees must constitute an ICC at each office or branch. The ICC must include: a Presiding Officer (senior woman employee); at least two members preferably with social work background; and one external member from an NGO. At least half the members must be women. Member terms are three years.

Failure to constitute an ICC is one of the most common compliance failures and faces significant penalties under the Act.

Complaint Procedure

A complaint must be filed in writing within three months of the incident. The ICC may extend this period by another three months if circumstances prevented timely filing.

Inquiry Process and Timeline

The ICC may attempt conciliation first (no monetary settlement as basis). The inquiry must be completed within 90 days. Both parties must be given a fair opportunity to be heard. The ICC has powers equivalent to a civil court for summoning witnesses.

On completion, the ICC submits findings within 10 days. The employer must act on recommendations within 60 days. Recommendations may include: salary deduction; written apology; warning; withholding promotion; suspension; or termination.

Penalties for Non-Compliance

Employers who fail to comply face fines of up to Rs. 50,000 under Section 26. Repeat offences may result in doubled penalties and cancellation of business licences.

What Should an Employee Do If Harassed?

An employee should: document the incident precisely; file a complaint with the ICC within three months; apply for interim relief (transfer, leave, protective orders) under Section 12; and retain independent legal advice.

Where no ICC exists, complaints go to the Local Complaints Committee (LCC) constituted by the District Officer under Section 6.

Key Takeaways

  • The POSH Act protects all women working at any workplace in any capacity.
  • Every employer with 10+ employees must constitute an ICC; at least half the members must be women.
  • Complaints must be filed within three months; inquiry must complete within 90 days.
  • Interim relief including transfer and leave is available during inquiry.
  • Non-compliance penalties include fines up to Rs. 50,000 and possible licence cancellation.

About Sterling & Partners
Sterling & Partners advises organisations on POSH Act compliance, ICC constitution, and training, and represents individuals in harassment complaints. Contact Sterling & Partners for a confidential consultation.