Harassment at the workplace doesn’t always start loud. Sometimes it’s a message you didn’t ask for, a stare that lingers too long, or an inappropriate comment that makes you uncomfortable.
And for many employees—especially women—it can feel easier to ignore it than to confront it. But staying silent doesn’t solve it. Indian law gives you clear, time-bound remedies if you face sexual or other forms of workplace harassment.
You don’t need to be legally trained—you just need to be aware.
In India, workplace sexual harassment is governed by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act. It covers all working women—whether permanent, temporary, intern, or even daily wage workers.
You’re protected regardless of whether you work from the office, from home, or in the field. The Act makes it compulsory for companies with 10 or more employees to set up an Internal Complaints Committee (ICC) to deal with such cases.
So what exactly counts as harassment under the law?
It’s not just physical or sexual assault. Harassment can include suggestive comments, repeated unwanted messages, being shown pornographic content, gestures, or even promises or threats related to job promotions in exchange for favours.
The law defines it broadly—if it makes you feel unsafe, disrespected, or mentally disturbed, it likely qualifies.
| Covered Individuals | Protected Under POSH Act |
|---|---|
| Women (of any age or position) | Yes |
| Interns and contractual staff | Yes |
| Domestic workers | Yes |
| Men and others | Not under POSH, but can file under IPC or HR policies |
| Types of Harassment Recognised | Examples |
|---|---|
| Verbal | Lewd jokes, sexual remarks, humiliating comments |
| Physical | Touching, stalking, physical advances |
| Visual | Showing inappropriate content, gestures |
| Emotional | Isolation, intimidation, mental harassment |
If your company has 10 or more employees, it is legally required to have an Internal Complaints Committee (ICC). This committee is supposed to have a senior woman employee as the presiding officer, two other employees, and an external member (often from an NGO or legal background).
This structure is meant to make the process less intimidating and more balanced. The ICC’s role is to receive complaints, hold inquiries, and recommend actions such as warnings, transfers, or even termination.
If your employer hasn’t set up an ICC, or if the harasser is your boss, you can file your complaint with the Local Complaints Committee (LCC) at the district level.
If you’re unsure what to do when employment rights are denied, this guide on Can You Be Fired Without Notice? Know Your Employee Rights explains how labour laws support you.
Unfortunately, many employees hesitate to report harassment because they fear retaliation or isolation. But the POSH Act explicitly prohibits any victimisation of the complainant, and employers are expected to maintain full confidentiality throughout the process.
For those who are interns, part-time workers, or on temporary contracts, check this guide on Can Interns and Contract Workers Claim Legal Benefits? to understand how protection still applies.
If you’re facing harassment at work, you don’t have to deal with it alone. The POSH Act provides a clear path for reporting, investigating, and resolving your complaint—within a set timeline.
The first step is to file a written complaint to your Internal Complaints Committee (ICC) within 3 months of the incident. You can send it by email or submit a signed hard copy to HR or the ICC head.
Your complaint should include your details, the respondent’s name, the incident(s), dates, and any evidence—like emails, messages, or names of witnesses. Once received, the ICC must initiate an inquiry and complete it within 90 days.
The committee then submits its report to the employer, who is legally bound to act on the recommendations within 60 days. The entire process is confidential, and retaliation against you is prohibited under Section 16 of the Act.
If your company doesn’t have an ICC, or if the harasser is the boss or someone very senior, you can approach the Local Complaints Committee (LCC) in your district. District Officers are appointed under the Act to handle such cases. You can find their contact details on your State Women and Child Department website.
If the harassment is serious or physical, you can also lodge a police complaint under Section 354A of the Indian Penal Code for sexual harassment, which can lead to arrest or fine.
This can be done alongside or independently of the POSH process. Other IPC sections like 506 (criminal intimidation) or 509 (insulting modesty) may also apply.
For non-sexual harassment—like bullying, caste-based comments, or verbal abuse—your legal route may differ. You can raise a grievance internally, contact the Labour Commissioner, or file a criminal complaint depending on the nature of the offence. You may also choose to speak with a lawyer or legal NGO for further action.
Keep everything documented: screenshots, emails, meeting notes, and responses. If you’re afraid or overwhelmed, seek help from a trusted colleague or women’s helpline. The key is not to let it slide.
If you’re planning to resign due to unresolved harassment, this guide on How to Resign Legally – Notice Period, Clearance, and Final Pay will help you exit while protecting your dues and dignity.
FAQs
1. Can I file a complaint anonymously?
Not under POSH, but you can request your identity be protected throughout the inquiry.
2. What if I don’t have hard evidence?
You can still file a complaint. Your testimony matters. Witnesses help, but are not mandatory.
3. Can men file complaints under POSH?
No, POSH applies only to women. Men must use company HR or file under the IPC.
4. What’s the punishment for the harasser?
It can range from a written apology to suspension, termination, or even FIR and arrest.
5. What if my employer ignores the ICC’s findings?
You can complain to the Labour Department or even approach the High Court under writ jurisdiction.
