POSH (Prevention of Sexual Harassment)

What is POSH?

POSH is the common name for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and the rules made under it. The law builds on the Supreme Court's Vishaka guidelines of 1997 and requires employers to prevent sexual harassment of women at work and to provide a fair, confidential way to address complaints.

Key employer duties under the Act include:

• Internal Committee (IC) – every employer with 10 or more employees must set up an IC at each office or administrative unit. It must be headed by a senior woman employee, have at least half its members as women, and include an external member familiar with the issues. Where an employer has fewer than 10 employees, complaints go to a Local Committee set up at district level.
• A written policy that defines sexual harassment, explains how to complain and states the consequences
• Awareness and training for employees and IC members
• Time-bound inquiry, with confidentiality and protection against retaliation
• Annual reporting on cases, as required under the rules

The definition of "workplace" is broad and can include places visited during work, transport provided by the employer and, in practice, remote and digital interactions. The Act protects women; many organizations voluntarily extend their policies to all genders. Employers should take legal advice on procedural details and any state-specific requirements.

Why it matters for employers

POSH compliance is a legal duty, and non-compliance can lead to penalties. More importantly, harassment harms people's safety, mental health and ability to work, and it damages trust across teams.

Beyond the minimum, effective POSH practice includes:

1. Making the IC visible and approachable, with clear contact details
2. Training managers to respond appropriately when someone raises a concern
3. Offering confidential emotional support to those affected, for example through an employee assistance program
4. Building a culture of psychological safety where people feel safe to speak up

Example

A company with offices in three cities sets up an IC at each office, appoints an external member with legal and social work experience, and runs annual awareness sessions. When a complaint is raised, the IC follows its documented process and timelines, and the complainant is offered confidential counselling through the company's EAP while the inquiry proceeds.

Key takeaways

• POSH requires employers to prevent and redress sexual harassment of women at work.
• Employers with 10 or more employees must constitute an Internal Committee.
• Policy, training, fair inquiry and annual reporting are core duties.
• Pair compliance with confidential mental wellness support.

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