The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 or POSH Act protects women from sexual harassment at the workplace. It requires employers with 10 or more employees to form an internal committee to investigate complaints. The committee must include a presiding officer and members from the organization as well as an outside expert. Employers who do not comply with the POSH Act can face fines up to 50,000 rupees. The Act aims to provide a safe work environment free of sexual harassment.

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2.  Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act,
2013 is also known as POSH Act.
 Notified w.e.f November 9, 2013
 The POSH Act protects only women and is not
a gender-neutral legislation. Therefore, the
safeguards under the POSH Act are not
applicable to ‘men victims’.

4.  The POSH Act applies to both the organized
and unorganized sectors in India.
 It, inter alia, applies to government bodies,
private and pub sector orgn, NGO,
organizations carrying out commercial,
vocational, activities, hospitals, nursing
homes, educational institutes etc and also
applies to a dwelling place or a house

5. ‘sexual harassment’ includes unwelcome
sexually tinted behaviour, whether directly or
by implication, such as
(i) physical contact and advances,
(ii) demand or request for sexual favours,
(iii) making sexually coloured remarks,
(iv) showing pornography, or
(v) any other unwelcome physical, verbal or
non-verbal conduct of a sexual nature.

6.  The POSH Act requires an employer to set up
an ‘internal committee’ (“IC”) at each office or
branch, of an organization employing 10 or
more employees, to hear and redress
grievances pertaining to sexual harassment.
 Failure to constitute the IC has led to
imposition of a fine under the POSH Act

7. Presiding Officer Woman employed at a senior level at the workplace
from amongst the employees.
Members Not less than 2 members from amongst employees.
Preferably committed to the cause of women or who
have had experience in social work or have legal
knowledge.
External member From an NGO or association committed to the cause
of women or person familiar with issues relating to
sexual harassment
• Not less than half of the IC Members shall be women
• The term of the IC Members shall not exceed 3 years
• A minimum of 3 Members of the IC including the Presiding Officer
are to be present for conducting the inquiry.

8.  The POSH Act stipulates that the IC shall, while
inquiring into a complaint of workplace sexual
harassment, have the same powers as vested in a
civil court under the Code of Civil Procedure, 1908
when trying a suit in respect of:
i. summoning and enforcing the attendance of any
person and examining him on oath;
ii. requiring the discovery and production of
documents; and
iii. any other matter which may be prescribed

9.  The Internal Committee shall in each calendar
year prepare, in such form and at such time
as may be prescribed, an annual report and
submit the same to the employer and the
District Officer.
 The employer shall include in its report the
number of cases filed, if any, and their
disposal under this Act in the annual report
of his organization.

10.  If an employer fails to constitute an IC or does not
comply with the requirements prescribed under the
POSH Act, a monetary penalty of up to INR 50,000
may be imposed.
 A repetition of the same offence could result in the
punishment being doubled and/or de-registration
of the entity or revocation of any statutory business
licenses.
It is also pertinent to note that all offences
under POSH Act are non-cognizable

11. Thank you
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