Does the PoSH Act Apply to Men? Legal Boundaries and Inclusive Workplace Policies

The Prevention of Sexual Harassment (PoSH) Act, 2013 is a gender-specific law enacted to protect women at the workplace. At the same time, conversations around workplace safety are expanding, with growing recognition that sexual harassment can also be experienced by men. As organisations move towards more inclusive and equitable work environments, this raises an important question: can men file sexual harassment complaints under the PoSH Act?

In this blog, we will clarify PoSH’s legal scope for men, address common myths, distinguish between statutory and organisational policies, and guide employers on compliant, inclusive practices.

To learn if the PoSH Act applies to men, it is important to examine who the law permits to file complaints and the scope of the Internal Committee’s jurisdiction:

Statutory Remedies Limited to Women

Under the PoSH Act, 2013, men cannot file sexual harassment complaints as “aggrieved persons.” Section 2(a) expressly defines an “aggrieved woman” as the complainant, structuring all inquiry and redressal mechanisms around female complainants. Statutory remedies remain exclusively available to women employees.

Sexual Harassment: Concept vs. Statute

This limitation does not indicate that sexual harassment against men does not occur. Rather, it shows the scope of PoSH as a specific statute, not a universal workplace sexual harassment law. Sexual harassment as a concept, can affect individuals of any gender. However, PoSH Act addresses this issue through a gender-specific legal framework designed to respond to identified workplace risks faced by women.

Common Misunderstandings

A common misunderstanding is that PoSH policies automatically cover all employees. In reality, organisations may implement broader policies, but they function outside the PoSH statute and confer no statutory rights.

While men cannot seek redressal under the PoSH Act, this does not leave them without options. Many organisations today have gender-neutral anti-sexual harassment or workplace conduct policies that allow employees of all genders to report inappropriate behaviour. Complaints under these policies are typically handled through internal processes rather than the statutory PoSH mechanism.

Men facing sexual harassment may approach Human Resources, an Ethics Committee, or a Disciplinary Committee, depending on the organisation’s structure. Such complaints are usually examined as violations of the company’s Code of Conduct or workplace behaviour standards, and appropriate disciplinary action may be taken if misconduct is established.

In addition, some organisations maintain whistleblower or grievance redressal mechanisms that can also be used to raise concerns confidentially. While these processes do not offer remedies under the PoSH statute, they enable employers to address misconduct, ensure workplace safety, and uphold organisational values. Employers should clearly communicate PoSH scope and alternative mechanisms to ensure employees know how to raise concerns, fostering fairness and trust.

Beyond statutory compliance, employers play a decisive role in ensuring workplace safety when sexual harassment complaints are raised by men:

Legal Position under the PoSH Act

According to PoSH Act, employers must address sexual harassment complaints by women employees. The Act defines ‘aggrieved woman’ under Section 2(a) as the complainant, thereby limiting IC jurisdiction to female employees. However, organisations remain free to address such complaints through alternative internal channels.

Handling Male Complaints

Organisations should establish gender-neutral anti-harassment policies through HR frameworks to fulfil their broader duty of providing a safe workplace for all employees. When men raise sexual harassment concerns, organisations should direct them to HR, ethics committees, or disciplinary authorities under the Code of Conduct, as ICs lack jurisdiction over such matters.

Best Practices from Organisations

Leading organisations handle male complaints as misconduct violations as per service rules, issuing warnings, transfers, or terminations, while reserving PoSH procedures exclusively for women, maintaining full statutory compliance.

Workplace Culture Benefits

These inclusive mechanisms build fairness, trust, retention, and productivity while staying PoSH-compliant. Clear communication of mechanisms ensures all employees feel supported, strengthening organisational culture.

Myth 1: “Men cannot be sexually harassed.”

Sexual harassment is about unwelcome conduct, not gender. Even though the PoSH Act’s statutory remedies apply only to women, men also may experience sexual harassment at the workplace

Myth 2: “Addressing male complaints weakens PoSH.”

Providing parallel mechanisms for men does not dilute PoSH. It strengthens organisational ethics and reinforces a culture of dignity and accountability.

Myth 3: “Gender-neutral policies are illegal.”

Gender-neutral workplace policies are lawful and encouraged. They complement PoSH by offering internal remedies where the statute does not extend.

Myth 4: “Including men will overburden the Internal Committee.”

The Internal Committee’s legal mandate remains women-centric; male complaints are addressed through HR, ethics, or disciplinary committees, not the IC.

Creating truly safe workplaces requires moving beyond narrow compliance toward conscious inclusion. While the PoSH Act provides essential protections for women, organisations must recognise that dignity, respect, and safety are universal workplace values. Awareness, empathy, and clear reporting pathways are critical for addressing sexual harassment, regardless of gender, and can be reinforced through regular PoSH live sessions that help employees and leaders understand legal boundaries and workplace responsibilities.

By implementing comprehensive PoSH training and compliance programs through experts like Complykaro, employers can strengthen statutory adherence while building inclusive frameworks. Contact us to develop tailored solutions that close policy gaps, enhance trust, and ensure every employee feels protected and valued at work.

1. Can men legally file sexual harassment complaints in India?

Yes, men can report workplace sexual harassment through internal policies and service rules, though PoSH Act remedies apply only to women.

2. Does the PoSH Act apply to male employees?

No, the PoSH Act is a gender-specific statute that provides statutory remedies only to women employees.

3. How should organisations handle sexual harassment complaints filed by men?

Organisations should address such complaints through gender-neutral anti-harassment policies, HR processes, ethics committees, or disciplinary procedures.

4. Can the Internal Complaints Committee (ICC/IC) inquire into complaints made by men?

No, the ICC’s legal mandate is limited to complaints by women; male complaints must be referred to appropriate internal mechanisms.

5. What are an employer’s obligations when a male employee reports sexual harassment?

Employers must ensure a fair, timely, and confidential inquiry under applicable internal policies and take corrective action where misconduct is established.