Sexual Harassment POSH

Every person has the right to a safe and dignified workplace. When that safety is violated through sexual harassment, the law provides a clear and powerful remedy. Advocate Preeti JD, Associates and Solicitors advises and represents women facing workplace harassment, defends those wrongly accused, and helps organisations build compliant, respectful workplaces under the POSH Act. With more than 17 years of legal experience and a strong commitment to women’s rights, we handle these sensitive matters with both firmness and discretion.

Family law is not just what we do. It is all we do.

What Is the POSH Act, 2013?

The POSH Act, formally the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is the central law protecting women from sexual harassment at work. It grew out of the Supreme Court’s Vishaka guidelines of 1997 and places clear duties on employers to prevent harassment and to redress complaints fairly and promptly.

What Counts as Sexual Harassment at the Workplace?

Under the Act, sexual harassment includes any unwelcome act or behaviour of a sexual nature, such as:

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

The key word is unwelcome. Conduct that creates a hostile, intimidating or offensive work environment, or that is linked to a woman’s employment or treatment at work, can amount to harassment.

Who Is Protected and Who Can Complain?

The Act protects any aggrieved woman, regardless of her age or employment status. This includes permanent, contractual, temporary and daily-wage staff, interns and apprentices, and even visitors or clients who are harassed at that workplace. The workplace itself is defined broadly and can include offices, remote locations, and places visited during the course of work.

The Internal Committee and Local Committee

The Act creates two redressal bodies:

• Internal Committee (IC): Every workplace with ten or more employees must constitute an IC. It is headed by a senior woman as Presiding Officer, includes employee members and at least one external member from an NGO or someone familiar with issues of sexual harassment, and at least half its members must be women.
• Local Committee (LC): For workplaces with fewer than ten employees, or where the complaint is against the employer, a Local Committee constituted by the District Officer handles the complaint.

How to File a POSH Complaint

A written complaint should generally be made to the Internal Committee, or the Local Committee where applicable, within three months of the incident, or of the last incident in a series. The committee can extend this period by a further three months for good reasons. Preserving evidence, including any digital evidence such as messages, emails and call records, strengthens a complaint significantly.

The Inquiry Process and Timelines

Once a complaint is received, the committee conducts an inquiry, giving both the complainant and the respondent a fair opportunity to be heard. The Act sets clear timelines:

• The inquiry is to be completed within ninety days.
• The committee submits its findings and recommendations to the employer.
• The employer must act on the recommendations within sixty days.

Recommendations can include disciplinary action against the respondent, transfer, deduction of salary, and compensation to the aggrieved woman.

The Conciliation Option

Before beginning a formal inquiry, and only at the request of the aggrieved woman, the committee may attempt conciliation to resolve the matter. Importantly, a monetary settlement cannot be the basis of such conciliation. Where appropriate, structured mediation and conciliation can resolve disputes without a full inquiry, but never at the cost of the woman’s rights.

Penalties and Employer Obligations

The Act places firm obligations on employers, who must:

• Constitute an Internal Committee and frame a POSH policy.
• Conduct awareness and training programmes.
• Display the consequences of sexual harassment.
• File an annual report and assist in any inquiry.

An employer who fails to comply, for example by not constituting an IC, can be fined up to fifty thousand rupees, and repeated violations can lead to higher penalties and even cancellation of business licences or registration.

Protection Against Retaliation and Confidentiality

The law protects a complainant from victimisation for making a complaint. It also requires strict confidentiality. The identity of the parties and the details of the complaint, inquiry and outcome must not be published or disclosed, and breaching confidentiality carries its own penalty.

False or Malicious Complaints

The Act takes false or malicious complaints seriously and allows action against a person who knowingly makes a false complaint or produces forged evidence. At the same time, the law is clear that simply being unable to prove a complaint, or a lack of sufficient evidence, does not by itself make a complaint false. We advise respondents fairly while respecting this balance.

Criminal Remedies for Sexual Harassment

Beyond the POSH Act, sexual harassment is also a criminal offence. It is dealt with under Section 75 of the Bharatiya Nyaya Sanhita, 2023, which replaced Section 354A of the Penal Code. A respondent facing a criminal complaint may need urgent advice on anticipatory bail, which we also handle.

POSH Compliance for Employers

Prevention is far better than litigation. We help organisations stay compliant and protected by:

• Drafting a robust, legally compliant POSH policy.
• Constituting and training the Internal Committee.
• Acting as the external IC member where required.
• Conducting employee awareness sessions.
• Guiding the employer through inquiries and annual reporting.

Following Supreme Court directions in recent years for effective implementation of the Act, regulators and courts now expect genuine compliance, not paperwork alone.

How Advocate Preeti JD Helps

• For complainants: We guide aggrieved women through filing, the inquiry, and securing fair relief, with sensitivity and confidentiality.
• For respondents: We ensure a fair hearing and a proper defence, including against false or exaggerated allegations and any criminal exposure.
• For employers: We build compliant systems, train committees, and manage inquiries correctly so the organisation is protected.
• Appeals: Where a committee’s findings are challenged, we advise on appeals to the appropriate court or appellate forum.

Why Choose Advocate Preeti JD

• Over 17 years of focused legal practice with a strong women’s rights commitment.
• A dedicated team of more than 20 professionals.
• Experience advising complainants, respondents and employers alike.
• Up-to-date command of the POSH Act and current criminal provisions under the BNS.
• Membership of the Supreme Court Bar Association, Punjab and Haryana High Court Bar Association, Gurugram Bar Association and the Indian National Bar Association.
• A client-first approach that is confidential, honest and result-oriented.

Book a Consultation

Whether you are facing harassment, defending an allegation, or building a compliant workplace, the right legal guidance protects everyone involved. Speak to us in confidence.

Advocate Preeti JD, Associates and Solicitors Chamber No. 149, C-Block, District and Sessions Court, Gurugram Phone: +91 8800383046, +91 8587025281 Email: mailadvpreeti@gmail.com

Book your appointment for a confidential consultation today.

Frequently Asked Questions on POSH and Sexual Harassment