There you are, lying in bed on Monday morning, your stomach twisted into knots. It is not the workload that concerns you, nor is it the long commute. It is the thought of facing that one colleague who stands a little too close, makes “jokes” that aren’t funny, or sends texts late at night that have nothing to do with work.
This is not a hypothetical situation for millions of women; it is their daily reality.
Workplace safety is not a luxury-it is a basic human right. In India, this right is legally protected by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013-popularly known as the POSH Act India.
Be it a working professional, a parent concerned about their daughter’s first job, or an NGO worker fighting for women’s rights, the knowledge of this Act is bound to become imperative. In this guide, we will strip away the complex legal jargon and explain exactly what the POSH Act is, who it protects, and how to use it.
What is the POSH Act India?
The POSH Act is considered a landmark legislation brought in by the Indian Parliament to ensure that women have safe working spaces. Before this law, women mostly had to rely on general provisions of the Indian Penal Code, which were not specifically tailored to the nuances of workplace dynamics.
The Act has its roots in the famous “Vishaka Guidelines” laid down by the Supreme Court of India in 1997. The court recognised that sexual harassment was a violation of a woman’s fundamental rights to equality, life, and liberty.
The Core Goal: The POSH Act India stipulates that every employer shall provide an environment that is free from sexual harassment. It provides an arrangement for Redressal so that women do not have to decide between their dignity and their paycheck.
Who is Protected Under the Act?
The biggest myth about the POSH Act is that it only protects women working in big corporate offices. That is false.
The Act defines the “Aggrieved Woman” – thus, the person filing the complaint – in comprehensive terms. You are protected if you are:
- A Regular Employee: Whether permanent, temporary, or on probation.
- Contract Worker: Hired directly or through an agent/contractor.
- An Intern or Trainee: Even if you are unpaid
- A Domestic Worker: Working in a household.
- A Daily Wager: Working on a construction site or similar setup.
- A Visitor: Even if you do not work there but are harassed while visiting a workplace – say, a client or a delivery person – you are covered.
- Key Takeaway: If you are a woman and harassed in a workplace environment, the law is on your side, regardless of your employment status.
Defining “The Workplace”: It’s Bigger Than the Office
In today’s world, work doesn’t just happen at a desk. The POSH Act India recognises the concept of an “extended workplace.”
Workplace harassment is harassment that occurs in any of the following places:
- Company transport: cabs/shuttles provided by the employer.
- Business trips or official dinners.
- Team off-sites or office parties.
- Work-related electronic communication (such as through Zoom calls, WhatsApp groups, and emails).
What Counts as Sexual Harassment?
Have you ever felt uncomfortable and then told yourself, “Maybe I’m overreacting” or “He was just being friendly”?
Harassment is not necessarily physical. According to the Act, sexual harassment includes any one or more of the following unwelcome acts or behaviour, whether directly or by implication:
Physical Contact and Advances
Examples include unwanted touching, blocking your path, or physical contact that makes you feel uncomfortable.
- Scenario: A manager who keeps putting his hand on your shoulder or waist, even after you have pulled away.
A demand or request for sexual favours
This is often “Quid Pro Quo” – this for that.
- Scenario: A supervisor hinting that your promotion or salary hike depends on going out to dinner with him or agreeing to a relationship.
Sexually Colored Remarks
These are comments on your body, clothes, or personal life that have a sexual nature.
- Scenario: “You look very sexy in that saree,” or cracking dirty jokes in a team meeting that humiliate women.
Showing Pornography
Showing offensive pictures, videos or cartoons.
- Scenario: A colleague shows you an explicit meme on his phone or sends adult content to the office WhatsApp group.
Unwelcome Physical, Verbal, or Non-Verbal Conduct of Sexual Nature
This is a catch-all category. It encompasses staring, stalking, or an excessive “friendliness” that crosses boundaries.
- Important Note: The keyword here is “Unwelcome.” It does not matter what the intent of the harasser was. If the behaviour is unwelcome to the recipient, it constitutes harassment.
The Complaint Mechanism: Where to Go?
If you are facing harassment, you do not have to go to the police immediately, unless you want to. The POSH Act India creates an internal justice system within organisations.
The Internal Committee (IC)
Every organisation with 10 or more employees is legally required to constitute an Internal Committee, often called the ICC.
- Who’s on it? It should be headed by a senior woman employee – the Presiding Officer. It should also include an external member from an NGO or a legal background to ensure impartiality.
The Local Committee (LC)
What if you work in a small shop with fewer than 10 people? What if you are a domestic worker? Or what if the harasser is the CEO himself?
In these cases, you approach the Local Committee (LC) set up by the District Officer in every district.
How to File a Complaint: A Step-by-Step Guide
Taking action can be scary, but knowing the process can lessen the anxiety. Here’s a simplified roadmap:
Written Complaint: You have to file a complaint in writing to the IC or LC.
- Tip: Be specific. Include dates, times, locations and details of what was said or done. If there were witnesses, list them.
Timeline: You should file the complaint within 3 months of the incident. The committee can extend this by another 3 months if there is a valid reason for the delay.
Conciliation (Optional): Before commencing an investigation, the IC may inquire whether you would like to resolve this matter through conciliation.
- Note: This cannot involve a monetary settlement. This is usually an apology or an agreement to cease the behaviour. You are entitled to refuse this and insist on an inquiry.
The Investigation: In the absence of a settlement, the IC undertakes an investigation involving interviews with you, the respondent (the accused), and any witnesses. This shall be completed in 90 days.
The Finding: The IC suggests action to be taken by the employer based on the findings. This can range from a written apology or withholding a promotion to termination of employment.
Common Fears and Realities
As a worker in an NGO or a concerned parent, you might hear women say, “I can’t report him; I’ll lose my job.” The POSH Act in India has built-in safeguards against this.
Protection Against Retaliation
The law prohibits the employer or the accused from retaliating against the woman for filing a complaint. That is, they cannot fire you or transfer you to a remote location or demote you just because you spoke up, and if they do, that is a separate actionable offence.
Confidentiality is paramount.
The Act necessitates confidentiality. Everything about the complaint, the identity of the woman, and the details regarding the inquiry cannot be published or communicated to the public or media. In this way, the privacy and dignity of the woman are protected.
The Role of Society: NGOs, Parents, and Colleagues
Laws alone cannot change culture; people do.
For NGOs and Social Workers
You are the bridge. Most women in the unorganised sector-maids or labourers, have no idea that something as helpful as a Local Committee exists.
- Action Item: Organise awareness camps. If the women are unable to write, help them draft complaints. Ensure your district has a functional Local Committee.
- For Parents: Raise your sons to respect boundaries. Raise your daughters to know that “adjusting” to harassment is not a job requirement.
- Action Item: Before your children get their first job, talk to them about workplace safety. If something seems wrong, it probably is.
- For Colleagues: If you see something, say something. Often, harassers operate unfettered because bystanders have remained silent.
- Action Item: If you witness harassment, offer to be a witness for the victim. Your support can provide her with the courage to submit a formal complaint.
Conclusion: Silence is Not a Solution
Workplace sexual harassment is often about power and not desire. It prospers on silence and fear. The POSH Act in India returns the power to the survivor. A safe workplace leads to better productivity, better mental health, and a more just society. Whether you are an employee, an employer, or an advocate, you have a role to play. If you’re reading this and feel unsafe at work, know the law’s on your side. You are not “trouble” for reporting it; you are brave. Let’s create workplaces where the only thing people have to worry about is their work.
Frequently Asked Questions (FAQ)
Q1: Is the POSH Act applicable only to women?
A: Yes, as per the existing POSH Act, 2013, the complainant has to be a woman. But many progressive companies have internal policies that are gender neutral and protect men and LGBTQ+ employees, too.
Q2: What if I don’t have any proof, such as screenshots or recordings?
A: Sexual harassment often occurs in private. You don’t need “hard evidence” such as a video recording in order to file a complaint. The Internal Committee will consider circumstantial evidence, statements by witnesses, and the consistency of your account.
Q3: Can I file a complaint anonymously?
A: Technically, the Act demands a written complaint with a name because an accused person has a right to know the charges for the purpose of mounting a defence; that is natural justice. In contrast, the Committee is compelled by law to keep your identity confidential from the public.
Q4: What if somebody files a false complaint?
A: The Act does have provisions for a false or malicious complaint. If it is established that a woman filed a complaint knowing it was false-in other words, with malicious the IC can recommend action against her. But the inability to prove a complaint does not make it false.
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