The POSH Act: what counts as workplace sexual harassment, and what employers must do
The Prevention of Sexual Harassment (POSH) Act, 2013 requires every workplace with 10 or more employees to set up a complaints committee — here's what the law actually covers.
Sep 1, 2026 | India (nationwide)
Where the law comes from
The POSH Act builds on the Vishaka Guidelines, issued by the Supreme Court in 1997 after a case brought by women's rights groups following the alleged gang rape of social worker Bhanwari Devi in 1992. The guidelines made it mandatory for employers to set up a complaints committee, but carried no statutory penalties. The Prevention of Sexual Harassment (POSH) Act, 2013 turned those guidelines into codified law, with defined committee structures, inquiry timelines, and penalties.
What counts as harassment
The Act defines sexual harassment broadly: unwelcome physical contact or advances, a demand or request for sexual favours, sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal or non-verbal conduct of a sexual nature. It applies to any workplace, including offices, factories, vehicles, training sessions, or work-related events held elsewhere.
Two kinds of committees
Every organisation with 10 or more employees must set up an Internal Complaints Committee (ICC). For smaller workplaces, or where the person complained against is the employer, the district-level Local Complaints Committee (LCC) — notified by the District Officer — exists so that women in the unorganised sector or small establishments have somewhere to take a complaint.
What employers must do
Employers must adopt a written policy in plain language that defines harassment, lists how to report it, sets out confidentiality rules, and explains the consequences, and must run regular awareness sessions — a legal obligation rather than an optional extra. The Internal Committee must also submit an annual report on complaints filed and how they were resolved.
Penalties for non-compliance
An employer that fails to comply with the Act's requirements — such as not constituting an ICC — can face a fine of up to ₹50,000, with repeated violations risking cancellation of the licence or registration needed to operate the business.
FAQs
What's the difference between the Vishaka Guidelines and the POSH Act?
The Vishaka Guidelines were Supreme Court directives with no statutory penalty; the POSH Act, 2013 turned them into enforceable law with defined committees, timelines and fines for non-compliance.
Where can a woman in the unorganised sector complain?
Through the district-level Local Complaints Committee (LCC), set up specifically to cover women in small establishments or the unorganised sector, or where the employer is the one being complained against.
What can happen to an employer that doesn't comply?
A fine of up to ₹50,000, and on repeated violations, cancellation of the registration or licence required to run the business.
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