Legal information notice: this article provides general information and isn't a substitute for advice from a qualified lawyer.
Every workplace in India — whether a large corporation, a small office, or the informal sector — is legally required to have a mechanism to address sexual harassment. If you’re facing this at work, there’s a specific, structured law built exactly for your situation, with clear timelines and a defined process. Here’s exactly how it works.
Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”), this covers unwelcome physical contact, a demand or request for sexual favours, sexually coloured remarks, showing pornography, or any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature — and it applies to conduct by anyone at your workplace, not just a direct supervisor.
Workplaces with 10 or more employees must have an Internal Committee (IC). If your workplace has fewer than 10 employees, or the complaint is against the employer, approach the district-level Local Committee (LC) instead.
You have 3 months from the incident (or the last incident in a continuing pattern) to file, extendable by another 3 months if you can explain the delay. Any woman — employee, intern, client, or visitor — can file.
The complaint is shared with the person you’ve complained about within 7 working days, and they have 10 working days to respond in writing.
The Committee must complete its inquiry within 90 days, examining evidence and hearing both sides. You can request specific interim measures (like transfer or leave) during this period.
If the complaint is upheld, the employer must implement the Committee’s recommendations within 60 days of receiving the report — this can include disciplinary action against the respondent.
It’s worth knowing you’re entitled to specific interim relief while the inquiry is ongoing, not just a final outcome months later — you can request a transfer for yourself or the respondent, leave, or that the respondent be restrained from supervising your work during the inquiry period. Many women aren’t aware they can ask for this and continue working under uncomfortable conditions unnecessarily while waiting for the process to conclude.
If your organization doesn’t have a functioning Internal Committee at all — which is unfortunately still common despite being a legal requirement — this doesn’t leave you without recourse. You can approach the district-level Local Committee directly, and your employer’s failure to constitute a proper Internal Committee is itself a separate compliance violation you can flag.
Given the specific committee structure, here’s how to think about which one applies:
| Situation | Committee |
|---|---|
| Workplace with 10+ employees | Internal Committee (IC), constituted by your employer |
| Workplace with fewer than 10 employees | Local Committee (LC), at the district level |
| Complaint is against the employer themselves | Local Committee (LC), regardless of company size |
File with your organization’s Internal Committee if one exists and applies to your situation, or with the District Officer’s Local Committee otherwise — every district is required to have one.
No — filing a complaint with either committee is completely free, and the process is specifically designed to not require a lawyer to initiate.
Yes, for filing the initial complaint — the Committee itself conducts the inquiry, similar to a quasi-judicial process. A lawyer becomes valuable if the matter is complex, contested, or if you’re considering additional criminal or civil remedies alongside this process.
Need professional legal help with this?
Find a Civil Lawyer on VidyodayIf the conduct occurred outside your workplace, our general guide on filing a sexual harassment complaint covers the broader criminal law protections available. If your employer is also withholding your salary, see employer not paying salary.
Yes — the law covers harassment by anyone at your workplace, including third parties like clients or vendors, not just employees.
You’re still covered — the Act’s protection extends to any woman, regardless of employment status, including interns, contract workers, and even visitors to the workplace.
No — the POSH Act specifically covers sexual harassment of women; men facing harassment would need to pursue other applicable legal provisions or company policy instead.
Approach the district Local Committee directly — your employer’s failure to constitute a proper IC doesn’t leave you without recourse, and is itself a compliance violation.
The Act requires confidentiality of the complaint, the inquiry proceedings, and the identities involved, with penalties for breach of this confidentiality.
This is still covered — the Act extends to any location visited by the employee in connection with work, not just the physical office premises.
The respondent must be informed of the complaint’s substance to respond, so full anonymity from them isn’t typically possible, though confidentiality from the wider organization can still be maintained.
Consult the Committee or a lawyer regardless — while the strict timeline is a real consideration, it’s worth understanding your specific options rather than assuming you have no recourse at all.
This article is for general information only and does not constitute legal advice. Consult a lawyer or your organization’s Internal Committee for guidance specific to your situation.
