“Injustice anywhere is a threat to justice everywhere.” — Martin Luther King Jr. This quote fits well when it comes to workplaces that ignore or hide sexual harassment. The POSH Law was made to protect employees, especially women, from such behavior. Yet, many employers fail to inform or follow it. Knowing your rights under this law is not just important—it is necessary for a safe and respectful work environment.
Did you know?
- According to the Ministry of Women and Child Development, over 6,000 workplace sexual harassment cases were reported between 2017 and 2022.
- Yet, many victims stay silent due to fear of job loss or social pressure.
- A 2023 survey by LocalCircles found that 74% of women were unaware of the POSH Law.
- 70% of women in India have faced some form of workplace harassment, but only 10% of cases are formally reported (Source: India Today, 2023).
- Many organizations don’t even form an Internal Committee, which is mandatory under the law.
Workplace harassment is real. But what’s worse is not knowing your rights. Most employers would prefer that you never question or challenge what happens behind closed doors.
What Is POSH Law?
POSH stands for Prevention of Sexual Harassment at the workplace. The law came into effect in 2013 under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
This Act aims to:
- Prevent sexual harassment in the workplace
- Protect the rights of women employees
- Ensure a safe and respectful work environment
Also Read: Hindu Marriage: Tradition vs Law – What’s Fact, What’s Fiction?
What Counts as Sexual Harassment?
Sexual harassment is not just about physical contact. It also includes:
- Unwelcome touching or gestures
- Lewd comments or sexual jokes
- Repeated messages or calls with sexual intent
- Showing pornographic content
- Making work decisions based on the acceptance or refusal of sexual advances
Your Key Rights Under POSH Law
Right | What It Means |
Right to Complaint | You can file a complaint within 3 months of the incident. |
Internal Committee (IC) | Every office with 10+ employees must have one to handle complaints. |
Right to Confidentiality | Your identity and details must stay confidential. |
Time-bound Inquiry | The IC must complete the inquiry in 90 days. |
What Your Employer May Never Tell You
1. POSH Law Applies to All Workplaces
Place Type | Covered Under POSH |
Private companies | ✅ Yes |
Government offices | ✅ Yes |
NGOs and startups | ✅ Yes |
Remote or WFH settings | ✅ Yes |
Even if you are an intern, freelancer, or contract staff, you are protected.
2. They Must Set Up an Internal Committee (IC)
Under Section 4 of the POSH Act:
- Every office with 10 or more employees must set up an Internal Committee (IC).
- The IC must include:
- A senior woman as the Presiding Officer
- Two employees are committed to women’s rights
- One external member from an NGO or legal background
Many firms quietly skip this rule.
Also Read: Gender-Biased Laws in India: Real or Myth
3. Employers Must Conduct POSH Training Every Year
They should organise:
- Awareness sessions
- Training on the reporting process
- Annual surveys or anonymous feedback
If your company skips this, it’s violating the law.
4. Filing a Complaint Is Your Right
You can file a complaint if:
- The harassment happened in the past 3 months
- You were at a work-related event, even outside the office
- You were harassed during a video call or chat
You must write a simple complaint and submit it to the IC. The IC must complete the inquiry within 90 days.
5. Employers Face Fines for Non-Compliance
Violation Type | Penalty |
No IC formed | ₹50,000 fine |
Repeating the violation | Double the fine + license cancellation |
Not following inquiry timelines | Legal action possible |
Also Read: Can Super-Rich People Control the Law?
What You Should Do If Harassed
- Document everything: Messages, emails, dates, times
- Reach out to a trusted senior or HR member
- File a written complaint to the IC
- If IC fails, approach the Local Complaints Committee (LCC) in your district
POSH Law exists to protect, not punish. But many employers fear this law because it puts power in the hands of the employee. Knowing your rights is the first step. If your employer is silent about POSH, it’s time to ask questions. Awareness is protection. Silence helps no one.
Knowing POSH Law is your right, not a favour. Stay informed. Speak up. Stay safe.