Workplace Sexual Harassment law in India

Sexual harassment is a widespread problem that negatively affects a woman’s safety, equality, and dignity. Over decades, women in various industries have experienced improper comments, unwanted advances, and power-based offences, but there were little to no official redressal means. Since there were no laws on discrimination, most cases were overlooked and not properly resolved. Actual change came only when the need for security and dignity at work became a national debate, bringing about legal and institutional change. This need resulted in the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, also known as the PoSH (Prevention of Sexual Harassment) Act, 2013, a key law that classifies workplace sexual harassment, discusses the strategies for prevention, and mandates redressal mechanisms in every workplace.

A] What Led to the Establishment of the PoSH Act?

The basis of workplace sexual harassment in India was established in reaction to a national outcry in 1997 after the brutal gang rape of a social worker in Rajasthan. The event brought to light the absence of legal protection for working women and the necessity of having well-structured guidelines in place. Lacking legislation, the Supreme Court intervened with the historic Vishaka vs. State of Rajasthan ruling to create the Vishaka Guidelines, a temporary set of principles to forbid workplace sexual harassment. These guidelines became the foundation of office behaviour until the Indian Parliament legalised the law. It was on 3rd September 2012 that the Lok Sabha approved the Sexual Harassment of Women at Workplace Act, with the Rajya Sabha doing the same on 26th February 2013. And finally, with the assent of the President on 23rd April 2013, the legislation began to operate on 9th December 2013. As a result, the PoSH Act replaced the Vishaka Guidelines and applied to all kinds of workplaces in India.

B] Major Features of the Workplace Sexual Harassment Law in India

• The PoSH Act applies only to women and ensures that all female employees, regardless of their age, employment status, or designation, are protected under the workplace sexual harassment law.
• According to the PoSH Act, sexual harassment at the workplace is described as any sexually inappropriate act or behaviour that is unwanted, including physical contact, sexually suggestive language, pornographic displays, or asking for sexual favours, whether expressed verbally, physically or through gestures. These are all kinds of misbehaviour that contribute to a hostile work environment.
• The PoSH Act creates a mechanism for grievance committees to redress complaints within 90 days. Post inquiry, the report may be sent to the District Officer, as the case may be, and they are mandated to take action on the report within 60 days. The law also safeguards against false or malicious charges.
• The workplace includes organisations, departments, offices, branches, units, armed forces, women agricultural workers, domestic workers, daily wagers, temporary or permanent workers, full-time or part-time workers, volunteers, etc. Also, the public and private sectors, organised and unorganised sectors, hospitals, nursing homes, educational institutions, sports institutes, sports stadiums, sports complexes, and any official place of business, including telecommuting, are considered workplaces.
• Employers with ten or more employees must have an Internal Complaints Committee (ICC)/Internal Committee (IC). The District Officer is responsible for setting up a Local Complaints Committee (LCC) at the block or district level. According to the PoSH law, businesses are required to conduct PoSH awareness and sensitisation programmes and fulfil related responsibilities.
• The Internal Complaints Committees (ICC/IC) have the powers of civil courts to gather evidence and can provide conciliation before initiating an inquiry if the complainant requests it.
• The inquiry must remain confidential. In case of breach of confidentiality, the employer can face a fine of ₹5,000. Repeated violations can lead to strict consequences, and non-compliance can result in suspension of the business licence and registration.
• According to the Criminal Law (Amendment) Act 2013, the Indian Penal Code imposes up to three years of prison and/or a fine on people found guilty of sexual harassment. With the acknowledgement that sexual offences constitute criminal behaviour, it is crucial for employers to fulfil their obligation to report any incidents of misconduct that may occur in the workplace. Although the employer is responsible for ensuring compliance with the PoSH Act, the government is working on enforcing the law more stringently.

Conclusion

Complying with the PoSH Act is more than just a legal requirement; it is about having a work environment where women feel safe. Compliance helps build trust, ensure accountability, and create an environment where women employees feel safe and respected.

However, implementing the PoSH Act effectively requires more than forming a committee or drafting policies. It needs consistent training, awareness programmes, documentation, and proactive redressal. At Complykaro, we help organisations with PoSH policy drafting, training programmes for employees, HRBPs, managers, senior leaders, and ICC members; or PoSH audits. Our solutions guarantee all your needs are met to maintain compliance and have a respected workplace. Contact us today!