What can I do about sexual harassment at the workplace?

The POSH Act applies very broadly — Section 2(o) defines 'workplace' to cover all government and private offices, hospitals, factories, educational institutions and religious organisations; NGOs, hotels, restaurants, sports complexes, and places visited during the course of employment (client visits, conferences); transportation provided by the employer; dwelling place or house (for domestic workers); and the 'extended workplace' — work-from-home, conferences, client visits and official tours.

Coverage extends to all women employees regardless of age, designation or work status; domestic workers, casual workers, ad-hoc, daily-wage, apprentices, interns and students; and visitors harassed by employees of the workplace.

The 2013 Act is currently gender-specific — only women can complain. Several High Court judgments and the Ministry of Women and Child Development have signalled expansion in future amendments. Men, LGBTQ+ and non-binary employees facing harassment can use BNS Sections 75-79 (criminal route) and general workplace harassment provisions under their employment contract.

Move systematically through the IC complaint process.

Step 1 — note details immediately: date, time, place, nature of incident, identity of harasser, any witnesses, and your response. Step 2 — identify your IC: every employer with 10+ employees must constitute an IC and prominently display the names and contact details of members under Section 19.

Step 3 — write the complaint: address to 'The Presiding Officer, Internal Committee'; include your details; a detailed narration of the incidents; the harasser's identity; names of witnesses if any; any prior incidents or pattern; documentary evidence (emails, messages, screenshots, recordings); and signature and date.

Step 4 — submit within 3 months of the latest incident (extendable by another 3 months for reasonable cause). Step 5 — interim relief: request transfer, leave with pay, or a restraining order against contact with the harasser during inquiry (Section 12). Step 6 — inquiry: the IC must complete in 90 days; both parties get fair hearing, right to cross-examine, right to representation. Step 7 — report and action: IC submits its report to employer within 10 days; the employer must act within 60 days.

If your employer has fewer than 10 employees or hasn't constituted an IC, several alternatives exist.

The Local Committee (LC): every district has one, constituted by the District Officer under Section 6. The LC handles complaints from establishments with fewer than 10 employees, complaints by domestic workers, or complaints against the employer themselves (where the IC would be biased). The State Women's Commission: file under your state's State Commission for Women Act. The National Commission for Women (NCW) handles cross-state or high-profile cases.

Magistrate / Police: for criminal action under Section 75 BNS (sexual harassment), Section 79 BNS (insulting modesty), Section 78 BNS (stalking) and related offences. Labour Court or Industrial Tribunal: for connected employment matters (wrongful termination, denial of promotion). Writ petition in the High Court: for systemic violations or the employer's failure to constitute an IC.

Failure to constitute an IC is itself an offence under Section 26 — punishable with fine up to ₹50,000.

Section 13 lists the reliefs the IC can grant when the complaint is upheld.

Action against the respondent: written apology, censure, withholding of promotion or increment, termination from service, deduction from salary for compensation to the complainant — the menu depends on the employer's standing orders. Monetary compensation payable by the respondent to the complainant, with the IC considering (Section 15) mental trauma, pain, suffering and emotional distress; loss in career opportunity; medical expenses incurred; and the respondent's financial status.

Counselling and psychological support. Recovery from salary if the respondent fails to pay. Transfer of complainant or respondent to a different location. Leave with pay during inquiry (Section 12). Restraining order against further harassment. Punitive action against false complaints under Section 14 — but only where the IC concludes the complaint was made with malicious intent, not merely because the complaint couldn't be proved.

Appeal lies to the Court (Family Court or Labour Court) within 90 days of the decision.

Yes — POSH and criminal remedies are parallel and complementary. You can pursue both simultaneously.

Relevant BNS provisions: Section 75 (sexual harassment with physical contact, demand for sexual favours, showing pornography, sexually coloured remarks — up to 3 years); Section 79 (words, gestures or acts intended to insult a woman's modesty — up to 3 years); Section 78 (stalking, physical or digital); Section 351 (criminal intimidation); Section 77 (voyeurism, where recording); Section 76 (assault or use of criminal force to a woman with intent to disrobe); IT Act Section 67/67A for online harassment with explicit content.

To pursue the criminal complaint: file an FIR or Zero FIR at the police station; get a statement before a Judicial Magistrate under Section 183 BNSS for sensitive cases; cases are typically tried in regular criminal courts (Magistrate or Sessions Court).

The IC process focuses on workplace conduct and employment consequences; the criminal case focuses on punishment. Engage a reputable, specialised employment / criminal lawyer. Both routes can be pursued without prejudice to each other.