Author : Anushka Singh, Chhatrapati Shivaji Maharaj University
Introduction
POSH Act, serves as a legislative response to the Sexual Harassment faced by women at Workplace . A long-neglected issue of workplace sexual harassment in India.The POSH ACT Protect women’s fundamental rights and builds a safe and dignified working environment, in line with Articles 14, 15, and 21 of the Constitution is its objective .
Abstract
The POSH Act is a tool, implemented to counter injustices at workplaces. It mandates all employers to form an Committee, To provide a clear redressal mechanism, and impose statutory penalties for non-compliance. Its effectiveness hinges on proper implementation, awareness, and institutional integrity. This article states the legal structure, enforcement challenges, and judicial precedents that have shaped the interpretation of the Act.
Definition and Scope
Sexual harassment under Section 2(n) :
Physical contact and advances
Demand or request for sexual favours
Making sexually coloured remarks
Showing pornography
Scope of Application:
Applicable to all workplaces, public and private
NGOs, domestic workers, educational institutions, and even gig economy workers are included in this section
Covers employees, clients, visitors, and interns
Roles and Responsibilities
Employer’s Duties:
Under Sect – 19 of the POSH Act employer has to :
Constitute an Internal Committee at every unit employing more than 10 employees
Display penal consequences of sexual harassment
Organize awareness programs and sensitization workshops
Assist the aggrieved woman in filing criminal proceedings under the Indian Penal Code (Section 354A, 509, etc.)
Ensure non-retaliation and confidentiality during inquiry
File annual reports with the District Officer
Complaint and Inquiry Mechanism
Filing a Complaint (Section 9):
Within 3 months of the incident Complainant must be filed
Time limit can be extended by IC/LC if valid reasons are presented
Legal heir or representative can file in case the complainant is mentally/physically incapacitated
Conciliation Option (Section 10):
Monetary settlement is not encouraged
If conciliation fails, a formal inquiry is initiated
Inquiry Procedure (Section 11):
Both parties present evidence and witnesses
Inquiry must be completed within the span of 90 days
Action Taken (Section 13):
Disciplinary action against the respondent (as per service rules)
Compensation to the aggrieved, recoverable from the respondent
Transfer or leave options for the complainant
False Complaints:
Section 14 addresses Fales or malicious complaints but only after due inquiry
Safeguards are in place to prevent misuse, but also ensure genuine complaints are not discouraged
Reported Cases
There has been a rise in the number of reported sexual harassment cases within Indian corporations after the implementation of the POSH Act, The fiscal year 2022-23, 1,160 cases were reported among 300 NSE-listed companies .A striking observation is that a small proportion of companies account for the majority of reported cases. FY 2022-23, 88% of cases were resolved. However, the gap between reported and resolved cases has been widening since FY
Challenges in Implementation
Despite the well-drafted law, several gaps remain in practical enforcement:
Improper Constitution of ICs
Many firms constitute committees merely to fulfill formalities. External members are either missing or have no training.
Victim-Blaming Culture
The social stigma and potential backlash prevent many women from coming forward.
Bias and Conflicts of Interest
In some cases, IC members are close to the accused, raising concerns about impartiality.
Remedies and Penalties
For the Complainant:
Transfer (self or respondent) to another workplace
Grant of up to 3 months’ paid leave
Financial compensation based on loss of career, trauma, and mental agony (Section 15)
Legal aid and psychological counseling
For the Respondent:
Warning, reprimand, suspension, termination
Deduction from salary to pay compensation
For the Employer:
Fine up to ₹50,000 for Non-compliance
Repeated violations can lead to cancellation of business license or registration
Case Laws
Vishaka v. State of Rajasthan (1997) 6 SCC 241
Facts:
Bhanwari Devi A social worker was gang-raped while working to stop child marriage in Rajasthan.
The incident revealed the absence of any effective legal mechanism to protect women from sexual harassment at the workplace.
Women’s groups filed a PIL under Article 32, demanding protection of women under Articles 14, 15, 19(1)(g), and 21 of the Constitution.
Issue:
Was there a need for a legal framework to address sexual harassment at the workplace, and could the Court fill this legislative vacuum?
Judgment (Held):
It was held by the Supreme Court that sexual harassment violates Fundamental Rights namely :
Article 14 – Right to equality
Article 15 – No discrimination
Article 21 – Right to life and dignity
Article 19(1)(g) – Right to practice any profession
2 . Medha Kotwal Lele v. Union of India (2013) 1 SCC 297
Facts:
Medha Kotwal and others filed a petition highlighting widespread non-implementation of the Vishaka Guidelines (1997) on sexual harassment at workplaces, especially in government and private institutions.
Issue:
Whether authorities were complying with the Vishaka Guidelines, and what steps were needed to ensure their proper enforcement.
Judgment:
The Supreme Court:
Reaffirmed that Vishaka Guidelines are binding law.
Found widespread non-compliance.
Instructed all institutions whether public or private to form Internal Complaints Committees.
Ordered regular monitoring and sensitization.
Called for action by states, UTs, and judiciary.
3. Punjab and Sind Bank v. Durgesh Kuwar, 2020
Facts:
Mrs. Durgesh Kuwar, a Chief Manager (Scale IV Officer) at Punjab and Sind Bank’s Indore branch, reported serious irregularities in loan accounts involving liquor contractors. She submitted multiple communications from December 31, 2016, to November 15, 2017, highlighting these issues.
Subsequently, she alleged that the Zonal Manager, Mr. Pankaj Trivedi, subjected her to sexual harassment, including late-night calls and inappropriate demands for meetings outside office premises.
On December 14, 2017, Mrs. Kuwar received a transfer order posting her to a rural branch in Sarsawan, District Jabalpur—a position typically held by a Scale I officer, not someone of her seniority. She challenged this transfer, asserting it was a retaliatory measure for her complaints.
Issues:
Allegations of Sexual Harassment: Were the procedures followed by the bank’s Internal Complaints Committee (ICC) in addressing Mrs. Kuwar’s complaints appropriate and unbiased?
Judgment:
SC of India upheld the decisions of the Madhya Pradesh High Court, which quashed the transfer order.
The Court observed that the transfer was mala fide (in bad faith) and appeared to be a reprisal for Mrs. Kuwar’s whistleblowing activities and her sexual harassment complaints.
The Court stated that sexual harassment at workplace is an abuse to a woman’s fundamental rights under the Constitution of India, including:
Article 14: Right to Equality
Article 15: Prohibition of Discrimination
Article 21: Right to Life and Dignity
The Court directed that Mrs. Kuwar be reinstated to her position at the Indore branch for a period of one year, after which the bank could make further decisions based on administrative needs.
Conclusion
The POSH Act, 2013 is an indispensable piece of legislation that upholds a woman’s constitutional right to work without fear or harassment. It combines preventive, prohibitive, and punitive measures to create safe workspaces. However, the true test of the Act lies in effective implementation, organizational commitment, and societal change. With growing workforce diversity and awareness movements like #MeToo, the law must evolve alongside emerging workplace dynamics. Strengthening the institutional framework, enhancing accountability, and sensitizing stakeholders can make the vision of the Act a lived reality for every working woman in India.
FAQS
1. What is the POSH Act, 2013?
The Sexual Harassment of Women at Workplace Act, 2013, AKA the POSH Act, is a legislation enacted to prevent and redress sexual harassment against women at workplaces in India.
2. Who can file a complaint under the POSH Act?
Only women employees (including interns, apprentices, consultants, contract workers, and even clients) can file a complaint of sexual harassment under the POSH Act. If the woman is unable to file the complaint herself, it can be submitted by a friend, relative, legal heir, or any person with her permission.
3. Can a man file a complaint under the POSH Act?
POSH Act is gender-specific and protects only women. Men can seek remedy under other laws such as the Indian Penal Code or internal HR policies.
4. What constitutes sexual harassment under the Act?
Sexual harassment includes:
Physical contact and advances
Demand or request for sexual favours
Sexually coloured remarks
Showing pornography
Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
5. Is the POSH Act applicable to all workplaces?
Yes. The Act applies to:
Private and public sector organizations
Government bodies
NGOs
Educational institutions
Hospitals
Domestic workers
Gig and platform economy workplaces.
6. What is the Internal Committee (IC) and who forms it?
Every employer with 10 or more employees must constitute an Internal Committee (IC) to handle sexual harassment complaints. The IC must include:
A senior woman employee as Chairperson
At least two employees committed to women’s causes
One external member (NGO/legal background).
7. What happens if there is no Internal Committee?
If an organization fails to constitute an IC, it can be penalized under the Act with a fine up to ₹50,000 and other consequences including cancellation of license in case of repeated non-compliance.
8. What is the time limit for filing a complaint?
A complaint should be filed within 3 months from the date of incident. This period may be extended by another 3 months if the IC/LC is satisfied with the reasons for the delay.
9. What remedies are available to the complainant?
The Internal Committee can recommend:
Transfer of the complainant or respondent
Paid leave (up to 3 months)
Disciplinary action
Compensation based on trauma, career loss, and medical expenses
