If you are facing sexual harassment at your workplace in India, the law protects you through the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — commonly called the POSH Act. Every workplace with 10 or more employees must have an Internal Complaints Committee (ICC) to receive and investigate your complaint. You have 3 months to file a written complaint, the inquiry must be completed within 90 days, and your identity must be kept confidential throughout the process. If your workplace does not have an ICC, or if the harasser is the employer himself, you can complain to the Local Complaints Committee (LCC) at the district level, or file a criminal FIR under Section 75 of the Bharatiya Nyaya Sanhita (BNS).
Why this matters
Sexual harassment at the workplace is widespread, yet massively underreported. A significant reason for underreporting is that most women do not know their legal rights, the process for complaining, or that the law requires their employer to protect them. Many assume they will lose their job or face retaliation. The POSH Act was specifically designed to address these fears — it mandates confidentiality, prohibits retaliation, and places the burden of creating a safe workplace squarely on the employer.
The law traces its origins to the Supreme Court's landmark judgment in Vishaka v. State of Rajasthan (1997), where the Court laid down binding guidelines for preventing workplace sexual harassment because no legislation existed at the time. The POSH Act of 2013 converted those guidelines into a comprehensive statute. Since July 2025, companies are also required to disclose the number of sexual harassment complaints in their annual Board's Report, bringing greater transparency and accountability.
Your rights under the POSH Act
What counts as sexual harassment
The POSH Act defines sexual harassment very broadly under Sections 2(n) and 3. It includes any one or more of the following unwelcome acts:
- Physical contact and advances — any unwanted touching, groping, brushing against the body, or physical assault
- Demand or request for sexual favours — whether direct or implied, including quid pro quo ("do this or lose your job/promotion")
- Sexually coloured remarks — comments about your appearance, body, clothing, or personal life with a sexual undertone
- Showing pornography — sharing pornographic material in person, on phone, or via messaging apps
- Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature — this includes persistent staring, sexual jokes, sexual gestures, stalking at the workplace, or sending sexually explicit messages
The law also recognises implied sexual harassment — situations where your employment conditions, promotion, or treatment at work are affected because you rejected someone's advances. This includes threats of detrimental treatment and creating a hostile, intimidating, or offensive work environment.
Key point: The behaviour does not have to be repeated to be sexual harassment. A single incident is enough if it meets the definition.
Who is protected
The POSH Act protects every woman who works at or visits a workplace, regardless of her employment status. This includes:
- Regular employees (permanent, temporary, or probationary)
- Contract workers, daily-wage workers, and ad-hoc employees
- Interns (paid or unpaid) and apprentices
- Domestic workers (house help, cooks, drivers)
- Women visiting the workplace as clients, customers, or patients
- Women working from home or at places arising out of employment (like client sites, travel for work, or work events)
Where to complain — ICC and LCC
Internal Complaints Committee (ICC): Every organisation with 10 or more employees is legally required to have an ICC. The ICC must have:
- A senior woman employee as Presiding Officer
- At least two employee members committed to women's causes
- One external member from an NGO or a person familiar with sexual harassment issues
- At least half the members must be women
Local Complaints Committee (LCC): If your organisation has fewer than 10 employees, does not have an ICC, or if the harasser is the employer himself, you complain to the LCC. Every district in India must have an LCC constituted by the District Officer (typically the District Magistrate/Collector). The LCC has a chairperson who is an eminent woman and includes members from NGOs, women's organisations, and government bodies.
How to file your complaint
Write a complaint describing the incident(s) — what happened, when, where, and who was involved. Include dates, times, and names of any witnesses. You can write it in any language you are comfortable with.
Submit it to the ICC (or LCC) within 3 months of the incident. If the harassment was a series of incidents, the 3 months is counted from the date of the last incident. The ICC can extend this by another 3 months if you have a valid reason for the delay (for example, you were under trauma, on medical leave, or did not know about the committee).
The ICC must start an inquiry within 7 days of receiving your complaint.
You can also file online through the SHe-Box (Sexual Harassment Electronic Box) portal at shebox.wcd.gov.in. This portal, run by the Ministry of Women and Child Development, forwards your complaint directly to the relevant ICC or LCC. It works for both government and private sector employees.
Confidentiality is mandatory. The ICC, the employer, and anyone involved in the inquiry cannot disclose the complainant's identity, the respondent's identity, or the details of the inquiry to the public or media. Violation of confidentiality is punishable with a fine up to Rs. 5,000.
What happens during the inquiry
- The ICC must complete the inquiry within 90 days
- Both parties (you and the accused) get a fair hearing — you can present witnesses and documents
- During the inquiry, you can request the ICC to: transfer you or the accused to a different workplace, grant you leave (up to 3 months — this is in addition to your regular leave), or restrain the accused from reporting on or evaluating your work
- The ICC submits its report to the employer within 10 days of completing the inquiry
- The employer must act on the ICC's recommendations within 60 days
What remedies can the ICC order
If the ICC finds your complaint substantiated, it can recommend:
- Written apology from the harasser
- Warning, reprimand, or censure
- Withholding of promotion or increment of the harasser
- Transfer of the harasser to another location
- Termination of employment of the harasser
- Compensation to you — calculated based on your mental trauma, loss of career opportunity, medical expenses, and the financial status of the harasser
- Deduction from salary or wages of the harasser to pay you compensation
The criminal route — filing an FIR
The POSH Act process and the criminal law process run in parallel — you can pursue both simultaneously. If the harassment involves physical contact, demands for sexual favours, or showing pornography, it is also a criminal offence under Section 75 of the Bharatiya Nyaya Sanhita (BNS) (earlier Section 354A IPC).
- Punishment: Up to 3 years rigorous imprisonment and/or fine for physical contact, demands for favours, or showing pornography. Up to 1 year for sexually coloured remarks.
- How to file: Lodge an FIR at any police station. If the police refuse, use the remedies described in our guide on what to do if police refuse your FIR.
- For outraging modesty or assault: Sections 74 (assault on woman with intent to outrage modesty) and 76 (voyeurism) of the BNS also apply in appropriate cases.
What if things go wrong
Your employer does not have an ICC
This itself is a violation of the law. An employer who fails to constitute an ICC can be fined up to Rs. 50,000. For repeated violation, the fine doubles and the employer's business licence can be cancelled. In the meantime, complain to the Local Complaints Committee (LCC) of your district. You can find the LCC by contacting the District Magistrate/Collector's office or the District Women and Child Development Officer.
You face retaliation for complaining
The POSH Act prohibits victimisation of the complainant. If your employer retaliates — through termination, demotion, poor appraisals, or hostile treatment — report this to the ICC/LCC as a separate complaint. You can also file a complaint with the labour department and approach the labour court.
The ICC gives an unfair decision
If you are not satisfied with the ICC's findings, you can appeal to the court within 90 days of the ICC's recommendations. The appeal lies before the court specified under the Industrial Disputes Act — typically the labour court or industrial tribunal of the jurisdiction.
The harasser is a senior leader or the employer
If the accused is the employer himself or a person who would ordinarily influence the ICC, complain directly to the Local Complaints Committee (LCC) — not the ICC. You can also file a criminal FIR simultaneously.
Documents and resources you need
- Written complaint with dates, description of incidents, and witness names
- Supporting evidence: Screenshots of messages, emails, CCTV references, medical reports (if applicable)
- SHe-Box Portal: shebox.wcd.gov.in — file complaints online for any workplace
- National Commission for Women (NCW): ncw.nic.in — for complaints, helpline 7827-170-170
- Women Helpline: 181 (available 24/7 in most states)
- Police Emergency: 112
- NALSA Free Legal Aid: 15100 (if you need a lawyer and cannot afford one)
- Labour Department: Contact your state's labour commissioner for workplace violations
- Your company's POSH policy: Ask HR for a copy — every employer is required to display the POSH policy and ICC details prominently at the workplace
Common myths
Myth: Only physical contact counts as sexual harassment. Reality: The POSH Act's definition is very broad. Sexually coloured remarks, showing pornography, demanding sexual favours, persistent unwelcome messages, sexual jokes, and creating a hostile environment all constitute sexual harassment. Physical contact is just one of the five categories.
Myth: You can be fired for filing a sexual harassment complaint. Reality: The POSH Act explicitly prohibits retaliation. If your employer terminates you or takes any adverse action because you filed a complaint, that itself is a violation of the Act, and you have additional legal remedies including approaching the labour court.
Myth: The POSH Act only applies to large companies. Reality: The POSH Act applies to every workplace in India — offices, factories, shops, hospitals, schools, sports facilities, homes (for domestic workers), and even places visited by employees arising out of work. The ICC requirement applies to workplaces with 10 or more employees. For smaller workplaces, the LCC provides the same protection.
Myth: If the ICC finds the complaint false, you will be punished. Reality: Section 14 of the POSH Act does allow action for "false or malicious" complaints, but the threshold is very high. A complaint that is not proven is not automatically false. Action can only be taken if the ICC concludes that the complaint was made with malicious intent or that the complainant knowingly gave false evidence. The mere inability to prove the complaint does not attract punishment.
Myth: Men cannot be victims of sexual harassment at work. Reality: The POSH Act specifically protects women. However, men who face sexual harassment can file a criminal complaint under Section 75 BNS and also seek remedies through their company's internal grievance mechanism or anti-harassment policy. Several companies have voluntarily extended their POSH policies to cover all genders.
The law behind this
| Protection | POSH Act 2013 | Criminal Law (BNS 2023) | Earlier Law |
|---|---|---|---|
| Definition of sexual harassment | Section 2(n), Section 3 | Section 75 | IPC Section 354A |
| ICC constitution mandatory | Section 4 | — | Vishaka guidelines (1997) |
| LCC for small workplaces | Section 6 | — | Vishaka guidelines (1997) |
| Complaint timeline | Section 9 — within 3 months (extendable to 6) | No specific limit for FIR | Same |
| Inquiry completion | Section 11 — 90 days | — | — |
| Employer action on report | Section 13 — within 60 days | — | — |
| Punishment for physical contact / demands | — | Section 75 — up to 3 years RI + fine | IPC Section 354A |
| Punishment for sexually coloured remarks | — | Section 75 — up to 1 year | IPC Section 354A |
| Penalty for no ICC | Section 26 — Rs. 50,000 fine | — | — |
| Confidentiality requirement | Section 16 | — | — |
| Anti-retaliation | Section 14 read with Rules | — | — |
Frequently asked questions
Can I complain about sexual harassment that happened online or on WhatsApp? Yes. The POSH Act covers any unwelcome conduct of a sexual nature connected to the workplace, including messages, emails, video calls, and social media. If a colleague or boss sends sexually explicit messages, forwards pornographic content, or makes sexual demands over any electronic medium in the context of work, it falls within the POSH Act's scope. Save screenshots as evidence before filing your complaint.
What if I am a contract worker or intern — does the POSH Act protect me? Absolutely. The POSH Act explicitly covers all women working at a workplace, including contract workers, temporary workers, interns (paid or unpaid), domestic workers, and even volunteers. The principal employer (the company where you work) is responsible for providing you the same protection as permanent employees.
How do I find the ICC in my organisation? Your employer is legally required to display the names and contact details of ICC members at a conspicuous place in the workplace. Ask your HR department. If the company claims it does not have an ICC, this is a legal violation — complain to the LCC and the labour department. You can also file on the SHe-Box portal, which will route your complaint appropriately.
Can I file a POSH complaint and a police FIR at the same time? Yes. The POSH Act process and the criminal process are independent and can run simultaneously. Filing an FIR does not prevent you from complaining to the ICC, and vice versa. Many lawyers recommend pursuing both routes — the ICC for workplace remedies (transfer, compensation, termination of the harasser) and the FIR for criminal prosecution.
What if I missed the 3-month deadline to file a complaint? The ICC has the discretion to extend the deadline by an additional 3 months if you provide a valid reason for the delay — such as ongoing trauma, hospitalisation, fear of retaliation, or not being aware of the ICC. There is no time limit for filing a criminal FIR, though delays should be explained. Additionally, if you file through SHe-Box, the portal itself creates a timestamp that can support your case.
Does the POSH Act apply to domestic workers? Yes. If you work as a domestic worker (house help, cook, nanny, or caretaker) and face sexual harassment from your employer or any member of the household, you can complain to the Local Complaints Committee (LCC) of your district. You can also file a criminal FIR. The definition of "workplace" under the POSH Act explicitly includes dwelling places and houses.