Complete Checklist for POSH Compliance

Based on the fundamental right to live with dignity under Article 21 of the Constitution, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is introduced. Every company with more than 10 employees should set up an internal complaint committee (ICC).

What is POSH?

The full form of POSH is Prevention of Sexual Harassment, codifying certain laws protecting any sexual harassment and threat to women at the workplace.

Unfortunately, in India, the cases of sexual harassment at the workplace imposed an unnecessary but unignorable hindrance to women when they started prioritizing their careers in different fields.  

The fundamental right to live with dignity under Article 21 of the Constitution granted them to get protected against any sexual harassment at work. Therefore, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is introduced.

What are the POSH compliances? 

• Every company with more than 10 employees should set up an internal complaint committee (ICC). The ICC should be chaired by at least three members, one member from the management team, one woman employee who is permanent in the company, and a third person who is an outsider, preferably a women's rights activist.


• When the complainant is not pleased with the solution concluded by the ICC, they can file an appeal before the tribunal within 30 days of passing the resolution. However, the admission of the appeal is subject to certain prerequisites.

What are the POSH committee rules?

POSH India ensures that the committee performs the duty in the following manner:

• In case of any incident, one should file the issue with the committee within 90days. If there is a delay, that should be contemplated by enough reason for the delay.


• One should make the complaint in writing. The ICC is accountable for informing the incident employer or the district office within 10days of the complaint, summarizing the investigation regarding the issue. 

If the ICC tries to suppress the issue for selfish reasons or pressurizes the woman to withdraw it, the woman can proceed directly with the second step. 

Sec. 354A of the Indian Penal Code defines sexual harassment as unpleasant physical contact and advances, any demand for sexual favours, showing sexually unpleasant images or pornography, and making any sexual remarks. Such activities attract jail for up to three years with a penalty imposed. 

As per Sec. 354B of the Code, if any woman is forced to undress, the imprisonment varies between three to seven years, and a monetary fine is imposed.  

What if a woman faces sexual harassment while working from home?

Sexual harassment is not confined to physical compromises anymore. It has expanded its arms electronically in an era of work from home. Any behaviour or words with a sexual intent creating uncomfortable circumstances while working remotely is considered sexual harassment. 

Women facing these can file complaints to the ICC, and then the committee scrutinizes matters.
The discussion of fetching new policies under the POSH Act regarding the WFH situations is going on apprehending to protect against sexual harassment in a virtual office.