The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ( POSH Act ) represents a decisive shift in Indian employment law by converting workplace dignity into a legally enforceable right. Enacted in response to the Supreme Court’s landmark ruling in Vishaka v. State of Rajasthan, the statute institutionalized a structured mechanism for prevention, prohibition, and redressal of sexual harassment at the workplace. It operationalizes constitutional guarantees under Articles 14, 15, 19 and 21, thereby positioning workplace safety not merely as an HR concern but as a matter of fundamental rights. At the core of the Act lies a broad and inclusive definition of sexual harassment, covering physical advances, sexually coloured remarks, requests for sexual favors, showing pornography, and any unwelcome verbal, non-verbal, or physical conduct of a sexual nature. The law recognizes both quid pro quo harassment and hostile work environment scenarios. Importantl...
Every POSH (Prevention of Sexual Harassment) investigation begins with a single step: the receipt of a complaint. This is far more than an administrative requirement it is the moment where an organization demonstrates its commitment to dignity, respect, and fairness at the workplace. How this step is handled sets the tone for the entire investigation, influences employee trust, and ensures compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. 1. How a Complaint Can Be Filed The POSH Act requires all complaints to be made in writing. To make this process inclusive and accessible, the law allows flexibility: A handwritten or typed letter can be submitted directly to the Internal Committee (IC) or its Presiding Officer. An email from the complainant’s official or personal ID is equally valid. If the complainant is unable to write, the IC must assist her in recording and formalizing the complaint. This ensures that the inability to ...