š Letās Start with the Basics
Work is supposed to be a safe spaceāa place where you can grow, contribute, and feel respected. But what if you start dreading it because of inappropriate comments, uninvited touching, or subtle intimidation?
Youāre not alone. Workplace harassment is more common than most people think. And the good news? Indian law protects you.
In this blog, weāre going to walk you through:
- What counts as workplace harassment,
- What your rights are under Indian law,
- How to report it and get help,
- Real-life case studies, and
- Common questions you may have.
Letās get informedābecause silence should never be the price of employment.
š§¾ What Is Workplace Harassment?
Workplace harassment is any unwelcome conductāverbal, physical, written, or visualāthat humiliates, intimidates, or offends an employee and interferes with their ability to work.
š Types of Workplace Harassment:
- Sexual Harassment
- Inappropriate comments or jokes
- Unwanted touching
- Requests for sexual favours
- Display of offensive content
- Repeated unwanted messages or attention
- Verbal Abuse
- Threats, insults, or bullying
- Constant humiliation
- Psychological Harassment
- Gaslighting
- Isolation or exclusion
- Assigning impossible deadlines to set up failure
- Discrimination-Based Harassment
- Harassment due to gender, religion, caste, disability, or sexual orientation
āļø The Law That Protects You: POSH Act, 2013
In India, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, provides legal protection to women.
ā ļø Although the POSH Act covers women specifically, men, transgender persons, and other gender identities can seek remedies under different laws or organizational policies.
š Key Provisions of the POSH Act:
- Every workplace with 10 or more employees must have an Internal Complaints Committee (ICC).
- Complaints must be resolved within 90 days.
- Protection from retaliation for filing complaints.
- Strict confidentiality during proceedings.
š§ Step-by-Step: How to Report Workplace Harassment
š Step 1: Document Everything
Start maintaining a record of the incidents:
- Date, time, and location
- What was said or done
- Who witnessed it
- Screenshots of messages, if any
This documentation is essential for your complaint to hold weight.
š Step 2: File a Complaint with the Internal Complaints Committee (ICC)
If your company has more than 10 employees, it should have an ICC.
- File the complaint in writing within 3 months of the incident.
- You can file it yourself or through a representative if you’re unable to do it personally.
š©āāļø Step 3: ICC Investigation
Once you file a complaint:
- The ICC will conduct an inquiry.
- Both parties get a chance to present their side.
- The committee may recommend disciplinary action, a written apology, transfer, suspension, or even termination.
šļø Step 4: Seek Help from the Local Complaints Committee (LCC)
If:
- Your workplace has fewer than 10 employees, or
- The complaint is against the employer, or
- There is no ICC in place,
You can approach the Local Complaints Committee (LCC) set up by the District Officer.
āļø Step 5: Legal Action (Optional)
If the offenderās actions fall under criminal law (e.g., sexual assault, stalking), you can also:
- File an FIR at the police station
- Approach a Magistrate for relief
š§ Real-Life Case Study 1: Meeraās Victory at a Tech Firm
Meera (name changed), a software engineer in Bengaluru, was constantly subjected to sexist jokes and unwanted texts from a senior colleague. She hesitated for months, fearing retaliation.
Eventually, she filed a complaint with the ICC. The inquiry validated her claims using WhatsApp messages as evidence. The colleague was suspended, and Meera was moved to a new team, with support from HR.
š§ Lesson: You donāt have to tolerate harassment. Use the lawāitās there to protect you.
š Real-Life Case Study 2: Harassment in a Start-up Without ICC
An intern at a Gurgaon-based start-up faced lewd comments from the founder. With no ICC in place, she contacted a local NGO that helped her file a complaint with the Local Complaints Committee.
The LCC found the founder guilty and imposed a fine, while also ordering the start-up to set up an ICC immediately.
š§ Lesson: Even small organizations are accountable. No ICC? The LCC has your back.
š” What If the Harassment Is Subtle?
You may ask, āWhat if Iām just being ignored or bullied in ways that are hard to prove?ā
Hereās what you can do:
- Speak to HR or a trusted colleague.
- Maintain written records (emails, messages, reports).
- Look for patternsāit may help establish a case.
- Seek legal counsel or approach NGOs for help in assessment.
š Know Your Rights Under POSH
- Right to a safe workplace
- Right to confidentiality
- Right to no retaliation
- Right to fair inquiry
- Right to appeal the ICC decision (in a civil court or tribunal)
š¬ Frequently Asked Questions (FAQs)
ā Q1: Can men file harassment complaints?
Under the POSH Act, only women are explicitly covered, but men and other genders can:
- Approach HR/internal policies
- File civil or criminal cases (e.g., under IPC Sections 354, 509)
ā Q2: What if I miss the 3-month deadline?
You can still request the ICC to condone the delay, especially if you have valid reasons like trauma or illness.
ā Q3: What if my employer retaliates?
Retaliation is strictly prohibited under the POSH Act. You can file a separate complaint and even take legal action.
ā Q4: Can I go to court if Iām unhappy with the ICC’s decision?
Yes. You can file an appeal in the labour court, tribunal, or civil court within 90 days.
ā Q5: What if Iām working from home? Is the law still valid?
Yes. Any work-related virtual harassment (calls, messages, emails) is covered under POSH. The āworkplaceā definition includes digital spaces.
š¼ļø Suggested Images for Blog Layout
- Image 1: A professional woman confidently filing a complaint at the ICC desk
- Image 2: Flowchart titled āHow to Report Workplace Harassment ā Step-by-Stepā
- Image 3: A symbolic image showing harassment (hands raised in protest)
- Image 4: A legal awareness workshop by an NGO or HR team
- Image 5: Screenshots of an ICC constitution document or poster
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- Workplace harassment law India
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Use these keywords in your headings, meta description, alt text, and body copy to maximize visibility.
ā Take Charge: Your Voice Matters
Workplace harassment is not just ābad behaviourāāitās a violation of your fundamental right to dignity, equality, and a safe environment.
If you’re going through it, remember:
- You’re not overreacting.
- You’re not alone.
- The law is on your side.
Speak up. Use the tools available. And help build a workplace where everyoneāregardless of gender or positionāfeels safe, respected, and empowered.
š¢ Final Word: Awareness Is the First Step Toward Justice
Knowing how to report and seek help isnāt just importantāitās essential. Whether you’re an employee, manager, intern, or entrepreneur, you should be aware of the legal framework and reporting process.
So, share this blog with your team, add it to your workplace policy sessions, or print it out for your HR bulletin board.
š£ Letās make Indian workplaces saferāone informed employee at a time.