India’s PoSH Act: A Guide to Workplace Safety

Decoding The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Imagine walking into your workplace every morning, ready to give your best.

Now imagine that the very place meant to nurture your talent becomes a source of discomfort, fear, or humiliation because of unwanted comments, gestures, or behavior. For many women, this was once an unspoken reality.

To change this, India brought in a powerful law in 2013—the Sexual Harassment of Women at Workplace Act. It isn’t just a set of rules; it’s a promise. A promise that every woman has the right to work without fear, to speak up without hesitation, and to be heard without bias.

This Act does three important things:

• Prevents harassment by creating awareness and setting clear boundaries.
• Prohibits any form of unwelcome behavior at work—whether physical, verbal, or even digital.
• Redresses complaints through a fair, confidential, and time-bound process.

Behind its formal name is a simple idea: Respect at work is not a privilege—it’s a right.

Decoding The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Workplace sexual harassment in India, was for the very first time recognized by the Supreme Court of India (“Supreme Court”) in its landmark judgment of Vishaka v. State of Rajasthan (“Vishaka Judgment”), wherein the Supreme Court framed certain guidelines and issued directions to the Union of India to enact an appropriate law for combating workplace sexual harassment. Though these guidelines made a difference in the work environment of females still numerous cases highlighted the need for a legislation on the subject. Hence, after 16 years of Vishaka Judgement, The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Sexual Harassment Act”) was enacted for providing protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.

Highlights of this Act so that the Workplace becomes Healthy and Symbiotic for both the genders are outlined hereunder:

• Sexual harassment does not necessarily mean sexual or physical advances. It includes verbal, non-verbal, direct or indirect, Flirting, unwelcomed complimenting on physique, forwarding inappropriate messages with sexual innuendo/ gender demeaning jokes, gestures, all count as workplace improper behaviour.
• Under this Act, feeling of woman is given priority at the time of committing the act. No instances in past does not mean no instances in Future. Sexual harassment is the impact and intention doesn’t matter.
• Every employer of a workplace having more than 10 employees is required to constitute an Internal Complaints Committee for looking into the case of Sexual Harassment being reported at Workplace. If offices or administrative units of the workplace are located at different places, the ICC shall be constituted at all administrative units or offices.
• Workplace Includes Office/ Department /Branch, Transportation, Dwelling place or houses, and also includes Virtual Platforms.
• The constitution of the ICC:
  • Presiding Officer: woman employed at a senior level at workplace from amongst the employees
  • Two members from amongst employees who are committed to the cause of women or who have had experience in social work or have legal knowledge.
  • One member from non-governmental organisations.

Provided that at least one-half of the total Members so nominated shall be women.

• As per the Act, all the women workforce, including permanent, ad hoc, temporary, contractual, freelancers, interns, engaged on a daily wage basis, any woman that visits the premises, their safety and rights are protected.
• Every Employer is duty bound to make a Policy on dealing with the cases of Sexual Harassment.
• Every Employer has to display on conspicuous places in the Workplace details of the Internal Complaints Committee and its members to enable all the employees to make the complaints directly.
• The Employer is also duty bound to provide a training to
  • all its employees for avoiding the behaviors that may unintentionally fall under the Definition of Sexual Harassment.
  • members of Internal Complaints Committee for handling the cases of Sexual Harassment.

Benefits of Implementing the Act

• The Benefits of having a POSH Compliant regime can be summed up as under:
  • Promotes a healthy and positive workplace environment;
  • Ensures awareness, equality and engagement among employees;
  • Boosts Employee Retention and productivity;
  • Fosters better relations between employees and Management;
  • Helps employees take the course in a self-paced manner;
  • Safeguarded from Penalties under the Act.

Penalties prescribed under the Act

• Where the employer fails to do its duties prescribed under the Act, he shall be punishable with fine which may extend to Fifty thousand rupees and in cases of continued default, it can be twice this amount and if the non-compliance is found to be of a serious nature, the authorities have the power to cancel his license or registrations by the Government or local authority required for carrying on his business or activity.

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The Post is written by CS Aarti Jain and she can be reached at 9811894375 and email ID is aarti.jain@jainaartiassociates.in.