POSH Act is the commonly used abbreviation for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which provides a comprehensive statutory framework for the prevention and redressal of sexual harassment of women at all workplaces in India. Under Indian law, it replaced the Vishaka Guidelines (1997) and mandates the constitution of Internal Complaints Committees (ICCs) in every establishment with 10 or more employees.
Legal definition
The POSH Act, 2013 was enacted by Parliament to give legislative effect to the Supreme Court's directions in Vishaka v. State of Rajasthan (1997). The Act establishes:
Scope of application (Sections 1-2): The Act applies to every workplace, defined broadly to include government departments, private organisations, hospitals, educational institutions, sports establishments, and any place visited by the employee during the course of employment. The term "aggrieved woman" includes any woman, of any age, whether employed or not, who alleges sexual harassment at a workplace.
Prevention and prohibition (Section 3): The Act identifies five specific acts constituting sexual harassment (physical contact, demand for sexual favours, sexually coloured remarks, showing pornography, and other unwelcome conduct of a sexual nature) and five aggravating circumstances (promise of preferential treatment, threat of detrimental treatment, threat about employment status, hostile work environment, humiliating treatment).
Complaint mechanism (Sections 4-10): The Act establishes two complaint bodies:
- Internal Complaints Committee (ICC) — for establishments with 10 or more employees (Section 4)
- Local Complaints Committee (LCC) — constituted at the district level for complaints from workplaces with fewer than 10 employees or where the complaint is against the employer (Section 6)
Inquiry procedure (Sections 9-14): The ICC must complete its inquiry within 90 days. During the inquiry, the ICC may recommend transfer, leave, or restraining orders as interim measures. Upon completion, the ICC submits its findings and recommendations to the employer.
Penalties (Section 26): Non-compliance — including failure to constitute an ICC — attracts a fine up to Rs 50,000 for the first offence, and for subsequent offences, double the fine and cancellation of licence or registration.
How courts have interpreted this term
Vishaka v. State of Rajasthan [(1997) 6 SCC 241]
The Supreme Court laid down the Vishaka Guidelines, which served as binding law from 1997 to 2013 and formed the template for the POSH Act. The Court held that sexual harassment at the workplace violates Articles 14, 15, 19(1)(g), and 21 of the Constitution. The guidelines mandated the establishment of complaints committees in all workplaces and defined the essential elements of sexual harassment.
Aureliano Fernandes v. State of Goa [(2023) 15 SCC 610]
The Supreme Court directed all states and Union Territories to ensure compliance with the POSH Act, observing that widespread non-compliance persisted even a decade after the Act's enactment. The Court directed that all employers — public and private — must constitute ICCs and file annual compliance reports, and that failure to do so should be treated as a non-bailable offence in appropriate cases.
Dr. Sohail Malik v. Union of India [2025 INSC — recent]
The Supreme Court addressed the limits of ICC jurisdiction, holding that complainants under the POSH Act can approach the ICC of their own workplace to lodge complaints against harassment by an employee of a different workplace. This decision expanded the jurisdictional reach of ICCs in cases involving inter-organisational harassment.
Why this matters
The POSH Act represents a paradigm shift in Indian employment law — it creates a specialised, time-bound, and relatively informal mechanism for addressing sexual harassment that operates parallel to and independent of the criminal justice system. A complainant may simultaneously file a complaint with the ICC and an FIR under Section 354A IPC (Section 75 BNS), or she may choose one or both remedies.
For employers, POSH compliance is not optional. The Act imposes a positive obligation to prevent sexual harassment, not merely to react to complaints. This includes constituting an ICC, organising awareness programmes, including POSH compliance in the organisation's annual report (for companies), and displaying information about the Act at the workplace.
For HR professionals and compliance officers, the practical challenge lies in ensuring that the ICC is properly constituted (with a woman presiding officer, an external member, and at least 50% women members), that inquiries follow the principles of natural justice, and that the employer acts on the ICC's recommendations within the statutory timelines.
A common misunderstanding is that the POSH Act applies only to formal employees. The Act's definition of "aggrieved woman" includes contract workers, interns, apprentices, volunteers, and even visitors to the workplace.
Related terms
Parent concept:
Key mechanism:
Related protections:
Frequently asked questions
Which organisations must comply with the POSH Act?
Every workplace employing 10 or more employees must constitute an Internal Complaints Committee. The Act applies to all sectors — government, private, NGOs, educational institutions, hospitals, and sports bodies. For workplaces with fewer than 10 employees, the Local Complaints Committee at the district level handles complaints.
What is the time limit for filing a POSH complaint?
The complaint must be filed within three months of the date of the incident, or the last in a series of incidents. The ICC may extend this period by a further three months if satisfied that the delay was caused by circumstances that prevented the woman from filing the complaint in time.
Can a man file a complaint under the POSH Act?
No. The POSH Act, 2013 protects only women. Male employees who face sexual harassment may seek remedies under the Indian Penal Code (Section 354A / Section 75 BNS), other criminal provisions, or the organisation's internal policies and service rules.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.