The POSH Act gives every working woman in India a legal right to a harassment-free workplace, a structured complaint process, and a guaranteed inquiry timeline. If you’ve experienced sexual harassment at work—or suspect your employer is non-compliant—here is exactly what the law says, what you can do, and what penalties employers face for ignoring it.

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What Is the POSH Act and Who Does It Cover?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013—universally called the POSH Act—is the primary law in India that protects working women from sexual harassment. It applies to every employer with 10 or more employees, across all sectors: IT firms, factories, hospitals, schools, NGOs, startups, and domestic workplaces.

In 2026, the rules were amended to extend protections to men and transgender employees for the first time—a significant shift from the original women-only scope. But the core enforcement mechanism (the Internal Committee, the 90-day inquiry deadline, mandatory annual reporting) remains unchanged.

Who counts as an “employee” under the Act is deliberately broad. Interns, contractual staff, temporary workers, daily-wage workers, and even volunteers are covered. If you work at or for an organisation, you have POSH rights there.

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What Counts as Sexual Harassment Under the Law

The Act lists specific conduct that constitutes sexual harassment:

• Physical contact and advances
• A demand or request for sexual favours
• Making sexually coloured remarks
• Showing pornography
• Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature

Importantly, intent doesn’t matter—the law focuses on whether the conduct was unwelcome and sexual in nature, not whether the respondent “meant” anything by it. A claim that it was “just a joke” or “harmless banter” has no legal standing if the behaviour was unwanted.

The 2025 Supreme Court ruling in Dr. Sohail Malik v. Union of India reinforced that harassment doesn’t have to happen within your own organisation’s walls. If the respondent works at a different company or department, you can still file with your own employer’s Internal Committee.

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The Internal Committee (ICC): What Your Employer Must Set Up

Any workplace with 10 or more employees must constitute an Internal Complaints Committee (ICC) at every office or administrative unit. This is not optional. Here’s what the ICC must look like:

• Presiding Officer: A senior woman employee at the workplace
• At least two internal members who are committed to women’s cause or have legal/social work knowledge
• One external member from an NGO, association, or someone familiar with sexual harassment issues
• At least half the ICC must be women
• Each member serves a three-year term

If your employer does not have a functioning ICC—or if the ICC has expired tenures, lacks the external member, or is made up entirely of men—that is itself a POSH violation. The Supreme Court in Aureliano Fernandes v. State of Goa (2023) set out specific directions on proper ICC constitution and training, and courts have been increasingly strict about procedural compliance.

Small employers (fewer than 10 employees) are covered through a Local Complaints Committee (LCC), set up at the district level by the government. You don’t need to find it yourself—your district’s District Officer is the point of contact.

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How to File a Complaint: Step by Step

Step 1: Write Your Complaint

Submit a written complaint to the ICC within 3 months of the incident (or the last incident in a series). If you were physically or mentally incapacitated during that period, the ICC can extend this to 6 months. The complaint should describe:

• What happened, when, and where
• Names of any witnesses
• Any supporting documents, messages, or emails

You don’t need a lawyer to file. You don’t need perfect legal language. Plain, factual writing is enough.

Step 2: ICC Sends Notice to Respondent

Within 7 days of receiving your complaint, the ICC must send a copy to the respondent, who then has 10 days to respond in writing.

Step 3: Conciliation (Optional)

Before the inquiry begins, you may request conciliation—an attempt to resolve the matter without a full hearing. This is your choice, not the employer’s. It’s typically used for less severe incidents. No monetary settlement can be agreed as part of conciliation.

Step 4: The Inquiry

The ICC holds a formal inquiry with both parties presenting their case, evidence, and witnesses. The full inquiry must be completed within 90 days. Both you and the respondent have the right to be heard; neither side can bring a lawyer unless the ICC permits it for both parties equally.

Step 5: Report and Recommendation

Within 10 days of completing the inquiry, the ICC submits its written report to the employer recommending action (if harassment is found) or dismissal (if not substantiated).

Step 6: Employer Action

The employer must implement the ICC’s recommendation within 60 days. Actions can include warning, suspension, termination, or—if criminal conduct is involved—filing a police complaint.

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Interim Protections You Can Request

While the inquiry is ongoing, you can ask the ICC for interim measures:

• Transfer of either you or the respondent to another department or location
• Leave of up to 3 months (this is in addition to your normal leave entitlement)
• Restraint order preventing the respondent from contacting you

These are not automatic—you must request them—but the ICC cannot unreasonably deny them if your situation warrants protection during the process.

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What Employers Must Do (and Cannot Do)

The POSH Act places substantial obligations on employers beyond just setting up an ICC:

1. Display the POSH policy at a prominent place in every office
2. Organise POSH awareness workshops and orientation programmes for employees
3. Include ICC details (names, contact information) in the policy display
4. File an annual report with the District Officer listing the number of complaints received, resolved, and pending
5. Include POSH data in the Board Report from FY2025-26 onwards, including counts of female, male, and transgender employees and complaint statistics

An employer cannot penalise you for filing a complaint—doing so is itself an offence. Retaliation (demotion, denial of leave, hostile treatment) after a POSH complaint is a separate violation and is treated seriously by courts.

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Penalties for Non-Compliance

Employers who fail to comply with the POSH Act face:

• Fine of up to ₹50,000 for a first violation
• Doubled penalty and possible cancellation of business license for repeat violations
• Personal liability for the employer (not just the organisation)

In 2026, enforcement has tightened: companies that do not include POSH data in their Board Reports risk regulatory scrutiny from the Ministry of Corporate Affairs, and some state governments have begun linking POSH compliance to business license renewals.

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Common Situations and What They Mean for You

“My company has fewer than 10 employees—am I protected?”

Yes. File with the Local Complaints Committee at your district. Your employer’s obligation to maintain a harassment-free environment still applies.

“The harasser is my client, not a colleague.”

You’re still covered. The Act applies to conduct that happens “in connection with work,” including client interactions, off-site meetings, and work trips.

“I’m an intern—do I have POSH rights?”

Yes. Interns are explicitly covered. If the organisation is not your direct employer, you can file with the employer of the respondent or the Local Committee.

“My company’s ICC is made up of only one woman and three men.”

That ICC is illegally constituted—at least half the members must be women. You can challenge the committee’s composition before filing, or note it in your complaint.

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For Employers: The Cost of Getting POSH Wrong

The legal risk is real, but the practical cost is higher. A poorly handled POSH complaint—slow ICC, no external member, no inquiry within 90 days, retaliation against the complainant—has landed multiple Indian companies in court over the past two years. The Supreme Court’s 2023 and 2025 rulings have given courts a clearer mandate to hold employers accountable.

The fix is not complicated: constitute a proper ICC, run annual training, display your policy, and report accurately. Companies that take POSH seriously also consistently report better retention among women employees—which, given the talent scarcity in most sectors, is not a small thing.

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Frequently Asked Questions

Q: Can I file a POSH complaint anonymously?

No. The Act requires a written, signed complaint. However, the ICC is required to maintain strict confidentiality—your identity, the respondent’s identity, and the inquiry proceedings cannot be disclosed to the public or press. Breach of confidentiality is itself a punishable offence under the Act.

Q: What if the ICC finds the complaint to be false?

If the inquiry concludes the complaint was false or malicious (not just unsubstantiated), the ICC may recommend action against the complainant. However, this standard is high—”not proven” and “false” are different findings. An inability to prove harassment does not automatically mean the complaint was malicious.

Q: Can a man file a POSH complaint in 2026?

Under the 2026 Amendment Rules, yes—the protections have been extended to men and transgender employees. Prior to this, the Act applied only to women complainants.

Q: Is there a time limit to file a complaint?

Yes—3 months from the incident or the last incident in a series. This can be extended to 6 months if the complainant was incapacitated. There is no extension beyond 6 months.

Q: What if my employer has no ICC at all?

File a complaint with the Local Complaints Committee in your district. You can also report the absence of an ICC to the District Officer, who can initiate action against the employer for non-compliance.

Q: Can I get legal help during the inquiry?

The Act does not give either party a right to a lawyer in ICC proceedings. However, you can consult a lawyer privately to understand your rights and help you prepare your written submissions. If the respondent brings a lawyer, you can request the ICC to permit the same arrangement for you.

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Know Your Rights—Then Find Your Next Move

The POSH Act gives you real legal protection and a clear process. Whether you’re navigating a complaint or evaluating whether an employer actually takes these obligations seriously, knowing the law puts you in a stronger position.

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Srikanth is a workforce and employment law writer at ePeople India. He covers workplace rights, hiring compliance, and career development for the Indian job market.

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