The Prevention of Sexual Harassment of Women at Workplace (PoSH) Act, formally known as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, establishes a legal framework for preventing and addressing sexual harassment at workplaces in India. Understanding the PoSH Act in India is important for both employers and employees because the law creates specific duties, complaint mechanisms and compliance requirements.

What Is the PoSH Act in India?

The PoSH Act, 2013 was introduced to provide women with protection against sexual harassment at the workplace and establish a mechanism for prevention, prohibition and redressal of complaints.

The Act applies across public and private workplaces and covers organised and unorganised sectors. Importantly, its protection is not restricted only to women who are permanent employees. The law broadly covers women irrespective of age or employment status, including women who may be working at or visiting a workplace. This can include employees, contractual workers, trainees, apprentices and other women covered by the definition of an aggrieved woman under the Act.

In simple terms, what is PoSH Act? It is a workplace protection law that requires employers to prevent sexual harassment, provide a mechanism for complaints and take specified steps to create a safe working environment.

Why Was the PoSH Act Introduced?

The PoSH Act followed the Supreme Court’s Vishaka guidelines, which established safeguards against workplace sexual harassment. The legislation created a statutory framework for prevention and redressal.

Its key objectives are to:

• Prevent sexual harassment at workplaces
• Create awareness about unacceptable workplace conduct
• Provide a formal complaint and inquiry mechanism
• Establish Internal Committees (ICs) at workplaces with 10 or more employees
• Require employers to conduct awareness and training programmes
• Protect the confidentiality of complaints and inquiry proceedings

Therefore, PoSH Act explained in practical terms means a combination of prevention, awareness, institutional mechanisms and time-bound complaint redressal.

What Conduct Is Covered Under the PoSH Act?

The Act covers unwelcome conduct of a sexual nature, including:

• Physical contact and advances
• A demand or request for sexual favours
• Sexually coloured remarks
• Showing pornography
• Other unwelcome physical, verbal or non-verbal conduct of a sexual nature

The Act also recognises circumstances such as promises of preferential treatment, threats of detrimental treatment, threats concerning employment, creating a hostile work environment and humiliating treatment that may affect a woman’s health or safety.

PoSH awareness should therefore go beyond physical misconduct. Employees should understand that inappropriate verbal, visual, digital and behavioural conduct can also raise workplace harassment concerns.

Who Is Covered Under the PoSH Act?

The PoSH Act applies broadly to workplaces across sectors. Protection extends to women irrespective of age or employment status, including women who may not be employees of the workplace but are working at or visiting it. The Act also covers women in organised and unorganised sectors, including domestic workers.

For employers, this means PoSH Act requirements should not be viewed as applying only to permanent employees. Organisations should consider employees, contractual staff, trainees, apprentices, visitors and other persons covered by the Act when developing workplace safeguards.

Key Employer Responsibilities Under the PoSH Act

Employers have specific duties under the Act. These include providing a safe working environment, displaying information about sexual harassment and the consequences of misconduct, displaying the constitution and contact details of the Internal Committee, conducting awareness programmes and providing necessary facilities to the committee for handling complaints.

Employers must also:

• Constitute an Internal Committee at every workplace with 10 or more employees
• Frame and communicate an appropriate PoSH policy
• Display relevant information about sexual harassment and the IC
• Conduct regular employee awareness programmes
• Conduct orientation and capacity-building programmes for IC members
• Provide administrative support to the IC during inquiries
• Assist the complainant in approaching law enforcement authorities where she chooses to pursue a criminal complaint
• Maintain confidentiality of complaint and inquiry proceedings
• Ensure recommendations of the IC are implemented within the statutory timeline
• Ensure the IC submits its annual report as required

These responsibilities form the foundation of PoSH Act for employers compliance.

Internal Committee Under the PoSH Act

An Internal Committee is mandatory at every workplace with 10 or more employees. This is a specific statutory threshold and is not limited to large corporations.

The IC must generally include:

• A senior-level woman employee as the Presiding Officer
• At least two employee members committed to the cause of women or having experience in social work or legal knowledge
• One external member from an NGO, association committed to the cause of women or a person familiar with issues relating to sexual harassment
• At least half of the total IC members must be women

The IC is responsible for receiving and inquiring into complaints, following the procedure under the Act and Rules, and preparing its annual report.

How Does the PoSH Complaint Process Work?

The PoSH Act provides specific timelines for handling complaints.

1. Filing the complaint

An aggrieved woman should submit a written complaint to the IC within three months from the date of the incident or, in the case of a series of incidents, within three months from the date of the last incident.

The IC may extend this period by up to another three months if it is satisfied that circumstances prevented the woman from filing the complaint within the initial period and records the reasons for the extension.

2. Conciliation or inquiry

At the request of the aggrieved woman, the IC may attempt conciliation. Monetary settlement cannot be made the basis of such conciliation.

If an inquiry is required, it must be completed within 90 days.

3. Inquiry report

After completing the inquiry, the IC must submit its report to the employer or District Officer within 10 days of completion of the inquiry.

4. Implementation of recommendations

The employer or District Officer must act on the recommendations within 60 days of receiving the report.

An appeal against the recommendations or action may generally be filed within 90 days.

Confidentiality is also mandatory. The identity and addresses of the complainant, respondent and witnesses, along with information about the complaint, inquiry and recommendations, cannot be publicly disclosed.

PoSH Training and Awareness Requirements

PoSH compliance India requires more than having a written policy. Employers must organise workshops and awareness programmes at regular intervals to sensitise employees about the Act.

Employers must also conduct orientation and capacity-building programmes for IC members. The Rules specifically require employers to provide training and ensure that IC members understand their responsibilities.

Training should cover:

• What constitutes sexual harassment
• Employee rights and responsibilities
• How and where to file a complaint
• IC roles
• Complaint timelines
• Confidentiality requirements
• Prevention and respectful workplace practices

PoSH Annual Reporting and Compliance Requirements

The IC must prepare an annual report every calendar year and submit it to the employer and District Officer under Section 21.

Under Rule 14 of the PoSH Rules, the annual report must include:

• Number of sexual harassment complaints received during the year
• Number of complaints disposed of during the year
• Number of cases pending for more than 90 days
• Number of workshops or awareness programmes conducted
• Nature of action taken by the employer or District Officer

Section 22 also requires the employer to include the number of cases filed and their disposal in the organisation’s annual report. Where an organisation does not prepare such a report, the number of cases must be intimated to the District Officer.

MCA’s 2025 Corporate Reporting Requirement

PoSH reporting also became more significant for companies following the Companies (Accounts) Second Amendment Rules, 2025. Effective 14 July 2025, the Board’s Report of companies covered by the amended requirement must disclose the number of sexual harassment complaints received during the financial year, the number disposed of during the year and the number pending for more than 90 days.

This means PoSH is increasingly connected with corporate governance and Board-level reporting rather than being treated solely as an HR compliance activity.

What Are the Consequences of PoSH Non-Compliance?

The PoSH Act provides for a fine of up to ₹50,000 for an employer who fails to comply with specified obligations under the Act.

Non-compliance can include failure to constitute the required Internal Committee, failure to take action as required, failure to comply with statutory requirements or other violations covered by Section 26.

For a subsequent offence, the employer can face twice the punishment, or a more severe consequence under applicable law. The employer may also face cancellation, withdrawal or non-renewal of a licence, registration or approval required to conduct the business or activity, as provided under the Act.

Therefore, PoSH non-compliance can result in both financial and operational consequences.

PoSH Compliance Checklist for Employers

Employers can use this checklist to review their PoSH compliance:

• Confirm whether each workplace has 10 or more employees
• Constitute an IC at every workplace meeting the 10-employee threshold
• Ensure the IC has the required composition, including an external member
• Display the IC’s name and contact details
• Display information about sexual harassment and penalties
• Maintain and communicate a PoSH policy
• Conduct employee awareness programmes
• Train and build the capacity of IC members
• Establish a clear complaint mechanism
• Follow the 3-month complaint filing period and permissible extension
• Complete inquiries within 90 days
• Issue the inquiry report within 10 days of completing the inquiry
• Implement recommendations within 60 days
• Maintain confidentiality
• Prepare and submit the annual IC report
• Maintain the complaint and training data required for statutory reporting
• Review Board’s Report disclosures where the MCA requirements apply
• Update IC information and relevant organisational details on SHe-Box

PoSH Compliance Considerations for 2026

PoSH compliance in 2026 has an important digital and corporate reporting dimension.

SHe-Box Portal

The Ministry of Women and Child Development launched the revamped SHe-Box (Sexual Harassment electronic Box) portal on 29 August 2024 as a centralised digital governance platform for workplace sexual harassment complaints and monitoring. The portal provides a central repository of IC information and enables women to submit and track complaints. Complaints filed through the portal can be routed to the concerned IC.

The government is also actively onboarding workplaces and updating IC information on the platform. As of 27 March 2026, more than 1.61 lakh workplaces with more than 10 employees had been onboarded, with details of more than 68,460 ICs updated.

For employers, this makes SHe-Box onboarding and keeping IC information current an important part of the 2026 compliance landscape.

Increased Enforcement and Monitoring

Recent government and state-level initiatives show greater emphasis on ensuring that organisations register their IC details and participate in the SHe-Box system. For example, authorities in several jurisdictions have directed organisations with 10 or more employees to complete SHe-Box registration and provide IC information.

Organisations should therefore review not only whether an IC exists but also whether its constitution, contact information and operational details are correctly recorded on the relevant compliance platforms.

Stronger Corporate Reporting

The MCA’s 2025 reporting amendment means covered companies must pay closer attention to the accuracy of their PoSH complaint data. Boards and compliance teams should be able to reconcile the number of complaints received, disposed of and pending for more than 90 days with the organisation’s internal records and IC reports.

In 2026, effective PoSH compliance should therefore combine policy, IC readiness, employee training, timely inquiry management, SHe-Box onboarding and accurate corporate reporting.

Frequently Asked Questions About the PoSH Act

What is the PoSH Act in India?

The PoSH Act is the 2013 law that protects women against sexual harassment at the workplace and establishes mechanisms for prevention, prohibition and redressal of complaints.

Who needs to comply with the PoSH Act?

The Act applies broadly to workplaces across public and private sectors and organised and unorganised sectors. Every workplace must comply with the applicable preventive and redressal requirements. An Internal Committee is mandatory where the workplace has 10 or more employees.

When is an Internal Committee required?

An employer must constitute an Internal Committee at every workplace with 10 or more employees.

What are the responsibilities of an employer under the PoSH Act?

Employers must provide a safe workplace, constitute the required IC, display relevant information, conduct awareness programmes, train IC members, support inquiries, maintain confidentiality, implement recommendations within 60 days and fulfil annual reporting requirements.

How can an employee file a PoSH complaint?

An aggrieved woman can submit a written complaint to the IC within three months of the incident or last incident. The period may be extended by up to another three months if the committee records reasons for the delay. The complaint can also be submitted through the government’s SHe-Box portal, which facilitates routing and tracking of workplace sexual harassment complaints.

Is PoSH training mandatory for employees?

The Act requires employers to organise regular workshops and awareness programmes to sensitise employees. Employers must also provide orientation and capacity-building programmes for IC members.

What are the penalties for PoSH non-compliance?

Specified employer violations can attract a fine of up to ₹50,000. Repeat violations can result in twice the punishment and may also lead to cancellation, withdrawal or non-renewal of a licence, registration or approval required for carrying on the business or activity.

Strengthen Your PoSH Compliance with comply360°

Effective PoSH compliance requires more than a policy document. Organisations need a properly constituted IC, trained committee members, employee awareness programmes, clear complaint procedures, timely inquiry management, accurate annual reporting and up-to-date compliance information.

comply360° can help organisations build and maintain a structured PoSH compliance framework through training, awareness programmes, compliance support and advisory solutions. Connect with comply360° to assess your current PoSH framework and strengthen your organisation’s workplace compliance practices.