Workplace sexual harassment is addressed on two tracks — the internal inquiry framework of the POSH Act, 2013 and the criminal law now contained in the Bharatiya Nyaya Sanhita, 2023. The chamber of Advocate Manish Jha advises complainants, respondents and employers on both.
The POSH Act, 2013 Framework
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 requires every employer with ten or more employees to constitute an Internal Complaints Committee (ICC), headed by a senior woman employee and including an external member. For smaller establishments, a district-level Local Committee receives complaints.
Complaint and Inquiry Timelines
- A written complaint is ordinarily filed within three months of the incident, extendable by the committee for sufficient cause.
- Conciliation, at the complainant's request, is possible — but not on a monetary basis as settlement of the complaint.
- The inquiry is to be completed within ninety days, following principles of natural justice, with both sides heard.
- The committee's report goes to the employer within ten days of completion, and the employer must act on the recommendations within sixty days.
- Interim measures — transfer, leave, or restraining the respondent from supervising the complainant — can be recommended during the inquiry.
Confidentiality is statutorily protected, and an appeal lies against the committee's recommendations before the appellate forum prescribed.
The Criminal Law Track
Independent of the workplace inquiry, sexual harassment is a criminal offence. Earlier punishable under Section 354A of the Indian Penal Code, it is now covered by Section 75 of the Bharatiya Nyaya Sanhita, 2023, in force since 1 July 2024. A complainant may pursue the criminal remedy, the POSH remedy, or both; the two proceed independently and the standards of proof differ.
Whom the Chamber Advises
Advocate Manish Jha (LL.B., LL.M.), with more than fifteen years of practice, advises three distinct constituencies: women preparing complaints and appearing before committees; employees responding to complaints who are entitled to a fair inquiry and to representation consistent with the rules; and employers and ICCs on constitution of committees, inquiry procedure, drafting of reports and defensible employment action. Related criminal work, including matters under Section 354 IPC and its BNS equivalents, is handled by the chamber's criminal practice. For allied family-side disputes, see the matrimonial practice page.
Frequently Asked Questions
What is the time limit for filing a POSH complaint?
A written complaint to the Internal Complaints Committee is ordinarily to be made within three months of the incident, or of the last incident in a series. The committee may extend this period by a further three months if satisfied that circumstances prevented an earlier complaint, recording its reasons in writing.
Is a POSH inquiry the same as a criminal case?
No. The POSH inquiry is an internal, employment-focused proceeding before the ICC or Local Committee, ending in recommendations to the employer. The criminal offence of sexual harassment, earlier Section 354A IPC and now Section 75 of the BNS, 2023, is prosecuted before the criminal courts. A complainant may pursue either remedy or both, and each proceeds independently.
What are an employer's obligations under the POSH Act?
An employer with ten or more employees must constitute an Internal Complaints Committee, display information about the Act, assist the committee, act on its recommendations within sixty days, provide a safe working environment, and file the annual report the Act requires. Non-compliance attracts monetary penalties and, on repetition, more serious consequences for the establishment.
Can the respondent in a POSH inquiry get legal advice?
Yes. A respondent is entitled to a copy of the complaint, an opportunity to reply and to produce evidence, and an inquiry conducted according to natural justice. While lawyers generally do not appear inside committee hearings, a respondent may take legal advice throughout on the reply, the evidence and any appeal against the committee's recommendations.