Prevention of Sexual Harassment (PoSH) Act

• The Supreme Court upheld that political parties cannot be treated as “workplaces”, excluding them from the POSH Act.

About Prevention of Sexual Harassment (PoSH) Act

• The Prevention of Sexual Harassment (PoSH) Act or Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act was enacted in 2013 to implement the Vishakha guidelines.
• The PoSH Act covers concepts of quid pro quo (a favour or advantage granted in return for something),harassment, and hostile work environmentas sexual harassment.
• Under the Act, an employee is defined not just in accordance with the company law.
  • All women employees, whether employed regularly, temporarily, contractually, on an ad hoc or daily wage basis, as apprentices or interns, or even without the knowledge of the principal employer, can seek redressal for sexual harassment in the workplace.
• Applicability: Public and Private sector, government and non-government sectors and organised and unorganised sectors. Even non-traditional workplaces and places visited by employees for work are covered under the Act.

• A woman can file a written complaint to the internal or local complaints committee within three to six months of the sexual harassment incident.
• It also makes the employer duty-bound to organise regular workshops and awareness programmes to educate employees about the Act and conduct orientation and programmes for ICC members.
• If the employer fails to constitute an ICC or does not abide by any other provision, they must pay a fine of up to ₹50,000, which increases for a repeat offence.
• The PoSH Act defines sexual harassment to include-
  • Unwelcome acts such as physical contact and sexual advances,
  • A demand or request for sexual favours,
  • Making sexually coloured remarks,
  • Showing pornography and
  • Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
• It also lists down five circumstances that would constitute sexual harassment if they are connected to the above-mentioned acts
  1. Implied or explicit promise of preferential treatment in employment
  2. Implied or explicit threat of detrimental treatment in employment
  3. Implied or explicit threat about present or future employment status
  4. Interference with work or creating an intimidating, offensive or hostile work environment and
  5. Humiliating treatment, likely to affect health or safety.
• The Act mandates regular workshops and awareness programmes by the employer to educate employees about the Act and conduct orientation and programmes for ICC members.
• Penalties: Non-compliance with the provisions of the Act shall be punishable with a fine upto Rs 50,000, cancellation of registration to conduct business in case of repeated violations.

District Officers under the POSH Act

• The PoSH Act mandates States to appoint an officer in every district who would play a “pivotal” role in implementing the Act.
• Sections 5 and 6 of the POSH Act detail that the District Officers would constitute Local Complaints Committees (LCCs).
• LCC will receive complaints from women employed in small establishments with less than 10 workers or cases in which the assailant is the employer himself.
• A District Officer’s responsibilities included appointing nodal officers under the Act in rural, tribal and urban areas.

Safeguard Mechanisms under the Act

Internal Complaints Committee (ICC)

• The law requires any employer with over ten employees to form an ICC.
• Any female employee can approach ICC and file a formal sexual harassment complaint.
• ICC has to be headed by a woman, have at least two women employees, another employee, and a third party, such as an NGO worker with five years of experience.
• The ICC has powers similar to civil court, and the inquiry process complies with the “principles of natural justice.”

Local Area Committee (LAC)

• The Act mandates the Local Area Committee (LAC) in every district to receive complaints from women working in firms with less than ten employees and from the informal sector, including domestic workers, home-based workers, voluntary government social workers, etc.
• There are two ways to resolve the issue by the committee:
  1. Conciliation: Between the complainant and the respondent (which cannot be a financial settlement),
  2. Inquiry: Committees could initiate an inquiry, taking appropriate action based on the findings.

Annual Audit Report

• The employer has to file an annual audit report with the district officer about the number of sexual harassment complaints filed and actions taken at the end of the year.

Successes of the POSH Act

• Increased reporting: A 2025 analysis of India’s top 30 blue-chip companies (BSE 30) showed a 6.2% rise in sexual harassment complaints in 2024-25.
• Improved culture: Large organisations have moved from simply “ticking boxes” to proactively creating safer environments. They have established confidential reporting channels and are increasingly using external POSH consultants for audits and training.
• Business Benefits: A survey by KelpHR showed that organisations believe it has helped reduce employee attrition. A safe workplace directly contributes to better employee morale and loyalty.

Limitations of the Act

• Gender Neutrality: The PoSH Act is not Gender Neutral. Men and transgender individuals who face sexual harassment in the workplace cannot file complaints under this law.
• Ambiguities in the Law: The law is silent on how to handle anonymous complaints or incidents that come to the employer’s attention without a formal complaint.
• Inter-Organisational Complaints: The Act does not specify a clear procedure for handling complaints where the victim and the accused work for different organisations.
• Lack of Clarity in Conciliation: There are no statutory timelines for the conciliation process or for implementing a settlement.
  • Further, the Act excludes monetary settlements and does not allow for appeals against a conciliation-based settlement, which employers could misuse to avoid a formal inquiry.
• No Legal Status for ICC: The ICC is not a court of law. Its findings and recommendations are not legally binding, and its impartiality can be questioned, particularly when the accused is in a senior position.
• Implementation Challenges: Many organisations, especially smaller ones, do not have a properly constituted Internal Complaints Committee (ICC). Even when they do, the members may lack the necessary training to handle cases with sensitivity and impartiality.

Way Forward

• Wider Definition of “Workplace”: Clarify the definition of “workplace” to explicitly include spaces like political parties, co-working spaces, and remote work environments.
• Gender Neutrality: The Act should explicitly include protections for non-binary individuals and male victims, ensuring no one is left behind.
• Addressing present-day realities: Cyber harassment needs clearer guidelines to address the complexities of remote work and hybrid environments.
• Strengthen ICCs by providing training and resources to ICC members, streamlining the appointment process, and empowering them to take interim measures during the inquiry.
• Awareness Generation: Companies can generate awareness for preventing sexual harassment by conducting regular training and workshops.