Sexual Harassment at Work: How a POSH Complaint Works in India

If someone at work has been making unwelcome sexual comments, sending messages you didn't ask for, touching you, or hinting that your appraisal depends on "being friendly", that is sexual harassment under Indian law. The law requires employers to set up an Internal Committee (often still called the ICC) to handle such complaints; for workplaces with fewer than ten workers, a Local Committee in the district does that job. You can complain in writing within three months of the incident, or of the last incident if it's been happening repeatedly, and the committee has to complete its inquiry within 90 days.

The law is the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, usually called the POSH Act. The new labour codes did not replace it. This guide explains how the process works in practice and what people wish they'd known before filing.

What counts

The Act covers physical contact and advances, a demand or request for sexual favours, sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal or non-verbal conduct of a sexual nature. It also specifically covers situations like implied promises of better treatment or threats about your job connected to such behaviour, and creating an intimidating or hostile work environment.

"Workplace" is wider than your office. It includes places you visit in the course of work, including travel the employer provides. Many companies' own POSH policies explicitly cover work chats, video calls and off-site events. Read your company's policy; it's usually on the intranet or in the employee handbook.

The Act protects women. Many private companies have adopted gender-neutral policies that let anyone complain under their internal process, so check yours.

Before you file: what helps

You don't need "proof" in a courtroom sense to file a complaint. But your case is much stronger with records, so start keeping them now if you can do so safely:

• Screenshots of messages, emails and chats, with dates and the sender's name visible. Save them somewhere outside company systems.
• A private written note of each incident: date, time, place, what was said or done, and who was nearby.
• Names of anyone you told at the time. A colleague you messaged that day can be an important witness.

Don't wait for the evidence to feel "enough". The three-month window starts from the incident. The committee can extend it by up to three more months if it's satisfied that circumstances prevented you from filing earlier, but you shouldn't count on that.

How the process works

The complaint. It has to be in writing, addressed to the Internal Committee. If you can't write it yourself, the Act says committee members must give reasonable help. The company's policy will tell you who the Presiding Officer is; the name is often displayed on office notice boards.

Conciliation, only if you ask. Before the inquiry, the committee can try to settle the matter through conciliation, but only at your request. The Act says no monetary settlement can be the basis of conciliation. If you don't want conciliation, you don't have to agree to it.

Inquiry. The committee hears both sides and any witnesses. Under the POSH Rules, it sends your complaint to the other person (the "respondent") within seven working days, and they get up to ten working days to reply. The inquiry must be completed within 90 days. The committee then gives its findings to the employer, who has to act on its recommendations.

Interim relief. While the inquiry is on, you can ask the committee in writing for interim measures, such as transferring you or the respondent, or granting you leave. This matters a lot if you report to the person involved.

Confidentiality. The Act makes the complaint, the identities of the people involved, witnesses, and the inquiry proceedings confidential, and it has penalties for breaches.

If there's no Internal Committee, or the complaint is against the boss

If your workplace has fewer than ten employees, or the complaint is against the employer themselves, the complaint goes to the Local Committee set up by the District Officer in your district. Your district collector's office or the state women and child development department can tell you who that is.

The Ministry of Women and Child Development also runs the SHe-Box portal for complaints. If the harassment involved threats, stalking or assault, you can also go to the police; the POSH process doesn't stop you from doing that.

The things people worry about

"Will I lose my job?" Retaliation against a complainant is a real fear, and it does happen. Document anything that changes after you complain: sudden bad reviews, being removed from projects, exclusion from meetings. Report it to the committee in writing. Victimising a complainant can be dealt with as misconduct under most company policies.

"What if I can't prove it?" The Act says that a mere inability to substantiate a complaint or provide adequate proof need not lead to action against the complainant. Action for a false complaint is meant for cases where it is shown, after an inquiry, that the complaint was made knowing it was false or with forged or misleading documents.

"Should I just quit?" That's your call, and for some people leaving is the right decision for their health. But leaving first doesn't remove your right to complain about what happened. If you do decide to move, our guide on resigning and serving notice covers the practical side, and in interviews you don't owe anyone the details. A simple "I wanted a healthier work environment" is enough; see answering why you left.

Talk to someone you trust before and during the process. A friend, a family member, or a lawyer who handles employment matters can help you think clearly when it all feels overwhelming. This guide is general information about the law, not legal advice for your specific situation.