The POSH Act for the Social Sector
A plain-English guide to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — for organisations whose "workplace" is often a village, a vehicle, or a field camp.
Why this law is not an "HR formality" in the sector
The POSH Act, 2013 turned the Supreme Court's Vishaka guidelines (1997) — a case that itself arose from the gang rape of Bhanwari Devi, a grassroots social worker in Rajasthan — into binding legislation. Its origin story is a social-sector story: a woman doing development work in the field, attacked for doing it, and failed by the institutions around her.
Development organisations carry above-average exposure: dispersed field teams, power gaps between head office and field staff, residential trainings, travel with colleagues and community members, and a workforce that is often young and female. The Act's definition of "workplace" was written for exactly this reality — it follows the work, not the office.
The Act in six points
- Sexual harassment is defined broadly. Physical contact and advances, demands for sexual favours, sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature — plus circumstances like quid pro quo, hostile work environment, and humiliating treatment affecting health or safety. "Unwelcome" is judged from the complainant's perspective.
- "Workplace" follows the work. It includes any place visited by the employee arising out of or during employment, including employer-arranged transport. Field visits, community meetings, trainings, conferences, project vehicles, and accommodation during travel are all workplace.
- "Aggrieved woman" is wider than "employee." Any woman of any age, whether employed or not — staff, volunteers, interns, consultants, visitors, community members present at the workplace, domestic workers. She does not need an employment contract with you to complain to your IC.
- Every 10+ workplace needs an Internal Committee. Presiding Officer (a senior woman employee), at least two employee members with relevant experience or legal knowledge, and one external member from an NGO or association familiar with sexual-harassment issues, or a lawyer. At least half must be women. Members serve up to three years.
- Smaller workplaces route to the Local Committee. Workplaces with fewer than 10 employees — and complaints against the employer themselves — go to the district-level Local Committee (LC) constituted by the District Officer.
- Deadlines are statutory. Complaint within 3 months of the incident (IC may extend by 3 more for recorded reasons); inquiry completed within 90 days; report within 10 days of completion; employer acts on recommendations within 60 days. Conciliation is possible before inquiry if the complainant requests it — but monetary settlement cannot be its basis.
Who's who under the Act
Must provide a safe workplace, constitute the IC, display the penal consequences and IC contact details, run orientation and awareness programmes, assist with complaints, and include POSH compliance in the annual report. For NGOs, the "employer" is typically the trustee body, governing board, or executive director.
Receives complaints, attempts conciliation if asked, conducts the inquiry with principles of natural justice, can recommend interim relief (transfer, leave up to 3 months), and recommends action. Its report has the weight of an inquiry under service rules.
The outside voice from an NGO or legal background who keeps the IC honest, especially where the respondent is senior. Choose someone genuinely trained in POSH inquiries, not a convenient acquaintance — and pay their sitting fees as the Rules require.
The district machinery for small workplaces, informal-sector workers, and complaints against employers. Field-heavy NGOs partnering with community-based groups should know how to route a community complaint here.
Your compliance checklist
The employer duties, converted into nine concrete steps.
Gray areas practitioners argue about
The Act protects only an "aggrieved woman." Male and non-binary colleagues harassed at work have no remedy under POSH itself. Most well-run organisations adopt a gender-neutral internal policy that mirrors POSH procedure through service rules or the code of conduct — legally distinct from the Act, but enforceable as an employment matter.
A community member harassed by your staff member during programme delivery is within the Act's reach — the location is your "workplace" and she is an "aggrieved woman." The reverse (your staff harassed by a community member) fits awkwardly, since the IC has no authority over outsiders; the practical answer is safety protocols, escalation to the Local Committee or police, and employer duty-of-care.
"Employee" is defined expansively (regular, temporary, ad hoc, daily wage, with or without pay, including volunteers) for the purpose of who can complain. Whether volunteers count towards the 10-employee IC threshold is less settled — the cautious reading, and the sensible one for values reasons, is to constitute an IC anyway.
Section 14 allows action for malicious complaints, but the Act itself says inability to substantiate a complaint is not malice. ICs that brandish Section 14 chill genuine reporting; use it only where malice is affirmatively proved.
Frequently asked questions
We're a 7-person NGO. Do we need an IC?
Not statutorily — complaints route to your district's Local Committee. But you still carry every other employer duty: policy, display, awareness, safe workplace. Many small NGOs voluntarily set up an IC or share an external member with peer organisations; funders often expect it regardless of headcount.
Does an incident during a field visit or residential training count?
Yes. Any place visited arising out of employment — including transport provided for the journey — is workplace under Section 2(o). Training venues, field sites, and travel are squarely covered.
What if the complaint is against our founder or executive director?
If the respondent is the employer, the complaint goes to the Local Committee, not the IC — an IC cannot credibly inquire into the person it reports to. Boards should have a protocol for this scenario before it happens, including interim measures the board itself can take.
Can the IC and the police process run in parallel?
Yes. The IC inquiry is a civil, employment-side process; serious incidents may also be offences under the IPC/BNS, and the employer must assist the complainant if she chooses to file a criminal complaint. One does not suspend the other.
What does POSH compliance have to do with our funding?
Beyond the statutory penalty (₹50,000, doubling on repeat, and possible cancellation of licence or registration), most institutional funders and CSR teams now require POSH compliance in due diligence. A missing IC or unfiled annual report is an easy reason to drop a grantee.
ImpactMojo (2026). "The POSH Act for the Social Sector." ImpactMojo Law Guides. Retrieved from https://impactmojo.in/law-guides/posh-act-social-sector.html
Spotted an error or a change in the law?
If a judgment or amendment has changed something on this page, tell us and we'll fix it.
Report a correction →