Harassment is any unwelcome conduct that creates an intimidating, hostile or offensive work environment for an individual. It can be verbal, physical, visual or written in nature. To constitute sexual harassment, the conduct must be of a sexual or gender-based nature. Harassment may come from a colleague, a manager, a client or any other person encountered in the course of work.

Bullying refers to repeated inappropriate behaviour — direct or indirect, verbal, physical or otherwise — that undermines an individual’s dignity at the workplace. Examples include:

• Physical abuse or threats of abuse
• Regular humiliation or ridicule, often in front of others
• Insulting or unnecessarily commenting on a person’s appearance or abilities

Sexual harassment includes any one or more of the following unwelcome acts or behaviours (whether directly or by implication):

• Physical contact and advances
• A demand or request for sexual favours
• Making sexually coloured remarks
• Showing pornography
• Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature

An anti-sexual harassment policy demonstrates your organisation’s commitment to providing a safe, respectful and dignified workplace for every employee. It establishes clear procedures for prevention, prohibition and redressal of complaints, and ensures compliance with the POSH Act, 2013.

The policy applies to all employees, including those who are:

• Employed at a workplace on a regular, temporary, ad hoc or daily wage basis
• Working directly or through an agent or contractor, with or without the knowledge of the principal employer
• Working voluntarily or for remuneration, whether terms of employment are express or implied
• Contract workers, probationers, trainees, apprentices or interns

The policy is designed for three purposes:

• Prevention: To stop harassment from occurring through awareness, training and a clear organisational stance
• Prohibition: To formally forbid harassment through policy and disciplinary action
• Redressal: To provide a fair and time-bound mechanism for addressing complaints

The Indian Constitution guarantees several rights that protect women at the workplace:

• Article 14 — Equality before law: The State shall not deny to any person equality before the law or equal protection of the laws
• Article 16 — Equality in public employment: No discrimination in matters of employment on grounds of religion, race, caste, sex or place of birth
• Article 19 — Freedom of speech and expression: Includes the right to work and practise any profession
• Article 21 — Right to life and personal liberty: Interpreted broadly to include the right to live and work with dignity

Yes. Your policy must be fully aligned with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. As best practice, policies should be reviewed annually to assess their effectiveness and to incorporate any changes in the law or organisational structure.

As an institution head, your role is to set the tone for a respectful and inclusive work culture. Key steps include:

• Issue a clear statement of zero tolerance for harassment and non-retaliation
• Implement prevention procedures and ensure training for all stakeholders
• Constitute a properly formed Internal Committee (IC)
• Establish a documented complaint, investigation and resolution process
• Take action to correct the effects of any harassment that occurs

Yes. Every person has the right to work in a respectful environment — regardless of gender. The POSH Act, 2013 is not limited to female-majority workplaces. A hostile or harassing environment reduces morale and productivity for everyone. An effective policy and a constituted IC protect all employees and the organisation from legal risk.

This is a legal requirement under the POSH Act, 2013. Any organisation with 10 or more employees must have a policy and a constituted Internal Committee (IC). The absence of a policy exposes the organisation to penalties, including fines and cancellation of licences. If your organisation does not have one, raise it with your HR or leadership and seek help in drafting one immediately.

The POSH Act, 2013 mandates that every organisation with 10 or more employees must constitute an Internal Committee (IC). The IC has the powers of a civil court to act as an inquiry authority on complaints of sexual harassment. It ensures that complaints are addressed fairly, confidentially and within defined timelines — and that complainants and witnesses are not victimised or discriminated against.

• A Presiding Officer — the most senior woman employee at the workplace
• At least two members from amongst employees, preferably with experience in social work or legal knowledge
• One external member from an NGO or association committed to the cause of women, or a person familiar with issues relating to sexual harassment
• At least 50% of the total members must be women

Committee members hold office for a period of three years. The external member is entitled to receive fees for their contribution to the IC and the organisation.

The POSH Act requires the IC to include an external member from an organisation committed to the cause of women, or a person familiar with issues relating to sexual harassment. The external member brings independent expertise in gender justice, human rights and legal procedures — ensuring that proceedings are fair, impartial and in the true spirit of the law.

The external member provides:

• Expert understanding in areas such as human rights, gender sensitivity and legal compliance
• Guidance to the Presiding Officer and IC on drafting and executing the policy
• Inputs on best practices for effective functioning of the IC
• An impartial and fair voice during the hearing and investigation of cases
• Support in improving the complaints procedure
• Guidance on creating a safe, equitable and healthy work culture

Yes. The external member is entitled to receive fees for their services to the IC and the organisation, as prescribed under the POSH Act, 2013.

The IC must meet at least once every three months (quarterly). It is good practice to hold these meetings regardless of whether any complaints are pending. Regular meetings allow the IC to review any ongoing cases, plan awareness activities, assess training needs and stay updated on any changes in the law.

Yes. Quarterly meetings should be held regardless of whether complaints exist. These meetings help the IC design strategies, plan training and sensitisation programmes, develop best practices and keep the committee functioning as a cohesive unit — so it is fully prepared when cases do arise.

A written complaint must be filed to initiate a formal investigation process. The complaint should be addressed to the IC. However, a written complaint is not required to trigger mediation — an informal complaint can be sufficient to begin that process.

• Check whether your organisation has an anti-sexual harassment policy and a constituted IC
• If not, formally request the organisation to set one up immediately
• Document your experiences as they occur — keep a record with dates, times and details
• Speak to a trusted colleague — you may not be the only person being harassed
• If possible, have a witness present in situations where harassment is likely to occur

Documenting harassment is important and can be difficult emotionally, but it strengthens your case. Here are some tips:

• Be specific: describe each incident clearly and comprehensively
• Note how the event made you feel
• Record the time, date and location of each incident
• List incidents in chronological order
• Preserve evidence: emails, messages or other communications relating to the harassment
• List the names of any witnesses who were present or aware of the situation

As a leader, you have both the responsibility and the authority to address disrespectful behaviour. Your role includes:

• Challenging inappropriate behaviour when you witness or are informed of it
• Investigating reports promptly and following the prescribed legal procedures
• Taking action to build and maintain a respectful workplace
• Preventing any retaliation against complainants or witnesses

You are responsible for receiving complaints and ensuring they are addressed — even if the person involved is not directly in your team.

Yes. A culture that genuinely values diversity — of gender, thought, background and experience — is far more likely to be a respectful and harassment-free one. Equality, inclusion and appreciation of difference are the foundation of a healthy workplace for all employees.

Training is as important as having a policy and an IC. We recommend:

• For IC members: Orientation and sensitisation workshops covering the nuances of the POSH Act and complaint procedures
• For managers and HR: Training on recognising, responding to and preventing harassment
• For all employees: Regular awareness sessions on the provisions of the Act and what constitutes harassment

It is critical. Organisations must plan and allocate a budget for the ongoing activities of the IC — including awareness campaigns, training programmes, IC member fees and documentation. Regular investment in POSH compliance protects both employees and the organisation, and is a legal obligation under the Act.