Sexual harassment in the workplace includes acts such as:

1. A demand or request for sexual favours
2. making sexually coloured remarks
3. showing pornography
4. any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. (Section 2(n) of the POSH Act, 2013)

Every organisation with over 10 employees must have an internal complaints committee (ICC). This Committee investigates an employee’s complaint and decides its severity, based on which further action will be taken against the wrongdoer.

Yes, a complaint can be filed simultaneously as an FIR and with the ICC.

Yes, within seven days, ICC can forward a complaint to the police for registration under Section 509 of the IPC and any other applicable provisions of the IPC.

The ICC is prohibited from conducting any additional investigations following the reach of a settlement, as stipulated in Section 10(4) of the POSH Act. Nevertheless, suppose the complainant fails to comply with any clause or prerequisite of the settlement as reported by the aggrieved woman. In that case, the ICC shall investigate or transfer the complaint to the police as mentioned in Sec 11(1) of the POSH Act.

According to Section 26 of the POSH Act, if the employer fails to comply with the provisions of the Act, he will be liable to pay a fine of up to Rs. 50,000/-. If the employer has been previously convicted for the same offence, he will be liable for twice the previous punishment.  

Aggrieved women shall be any woman in the workplace who has been subjected to sexual harassment, and she can seek protection under the POSH Act.

1. Any department, organisation, enterprise, or office that the government, local authority, government company, corporation, or cooperative society directly or indirectly finances.
2. Private sector organisations that engage in commercial, professional, vocational, educational, entertainment, industrial, health, or financial activities, including production, supply, sale, distribution, or service.
3. Hospitals or nursing homes. 
4. Whether residential or not, Sports institutes, stadiums, complexes, or competition venues for training, sports, or related activities.
5. Any workplace the employee visits during employment, including employer-provided transportation.
6. A dwelling place or house.

According to Sec 2(g) of the POSH Act, the “unorganised sector” at a workplace refers to a firm owned by people or self-employed workers that produces or sells products or services and employs less than ten workers.

According to Section 14(1) of the POSH Act, if the ICC determines that the accusation is baseless or that the complainant has knowingly made a false or dishonest complaint or presented made-up or fraudulent documents, it may advise the employer or District Officer to take appropriate action against the woman, as outlined in the service rules.

Section 2(g) of the POSH Act mentions that an employer is an individual who holds a position or a head of authority in any department, office, branch, or unit of the appropriate Government or a local authority. This includes the head of the department, organisation, undertaking, establishment, enterprise, institution, office, branch, unit, or any other officer specified by the appropriate Government or the local authority.

An individual affiliated with a non-governmental organisation or association committed to advocating for women’s rights or someone well-versed in the issue of sexual harassment is generally acknowledged as an external member of the POSH Act. The presence of an external member with the necessary knowledge ensures the fairness and autonomy of the ICC’s activities and the unbiasedness of the method of inquiry.

A complaint must be filed with the ICC within three months of the incident’s date. This period can be extended if the ICC is satisfied with the complainant’s reason for delay, as provided in Sec 9(1) of the POSH Act.

As per Sec 11(4) of the POSH Act, the inquiry must be completed within 90 days.

Yes, as mentioned in Sec 13(4) of the POSH Act, the employer must implement the recommendations within 60 days.

The employer must constitute an ICC if the organisation has over ten employees.

Yes, training is mandatory to handle sexual harassment cases and complaints. Section 19(l) of the POSH Act mandates organizing orientation programmes for the members of the ICC.

Section 19 of the POSH Act states that during an inquiry, the employer must provide a safe working place and necessary facilities for the ICC.

Types of sexual harassment or sexual abuse include:

1. verbal sexual harassment, such as offensive or derogatory remarks, improper comments etc.,
2. Nonverbal sexual harassment, such as winking, showing obscene pictures, sending appropriate texts, videos, etc.,
3. direct or physical sexual harassment, such as rape, inappropriate hugging or kissing, etc.,
4. psychological, sexual harassment, such as threatening to abuse sexually, body shaming in public etc.,

No, the POSH Act 2013 is an act that protects women specifically from sexual harassment in the workplace.

Yes, according to Section 9 of the POSH Act, if the aggrieved woman cannot make a complaint, then her legal heir or such other person as may be prescribed may make the complaint.  

The company’s POSH Policy must affirm and define its policies regarding preventing sexual harassment of women. The policy must also provide the applicability and precise definition of important terms like employer, employee, workplace, aggrieved person, complainant, etc.

The company can also make gender-neutral policies, including provisions for preventing sexual harassment in the LGBTQI+ community. However, if the policy does not mention the communities, they cannot claim protection.