The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was enacted following the Supreme Court’s landmark Vishaka Guidelines (1997).
What Is Sexual Harassment?
Unwelcome acts or behaviour including:
- Physical contact and advances
- Demand or request for sexual favours
- Making sexually coloured remarks
- Showing pornography
- Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature
Internal Complaints Committee (ICC)
Every employer with 10+ employees must constitute an ICC:
- At least 50% women members
- Presiding officer must be a senior woman employee
- Must include an external member from an NGO or legal background
Complaint Process
- Complaint must be filed within 3 months of the incident
- ICC must complete inquiry within 90 days
- Employer must implement recommendations within 60 days
Penalties on Employer
| Offence | Penalty |
|---|---|
| First offence | Fine up to ₹50,000 |
| Repeat offence | Cancellation of business licence |
The POSH Act also covers remote work and work-from-home situations — harassment via digital means is fully covered.