Setting Up of Business, Industrial and Labour Laws · Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Prevention of Sexual Harassment and Employer Duties under POSH Act

Updated 11 October 2026 · Fact-checked

Section 3 of the POSH Act, 2013 says no woman shall be subjected to sexual harassment at any workplace, and lists circumstances that may amount to it. Section 19 puts ten duties on every employer, such as a safe environment, displaying penal consequences, awareness workshops and treating harassment as misconduct. Answer by stating the provision, applying it to the facts, then concluding.

Understand Prevention of Sexual Harassment and Employer Duties

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 extends to the whole of India. It came into force on 9 December 2013. Its aim is to prevent harassment first and to give a remedy second. This topic covers the prevention side: the prohibition in section 3 and the employer's duties in section 19.

Section 3(1) is the core prohibition: no woman shall be subjected to sexual harassment at any workplace. Section 3(2) then lists circumstances that, among other circumstances, may amount to sexual harassment when present in relation to or connected with any act or behaviour of sexual harassment. The words "may amount to" and "among other circumstances" matter. The list is not closed, and a circumstance alone is not automatically harassment. It must connect to an act or behaviour of sexual harassment.

The five circumstances in section 3(2) are:

implied or explicit promise of preferential treatment in her employment
implied or explicit threat of detrimental treatment in her employment
implied or explicit threat about her present or future employment status
interference with her work, or creating an intimidating, offensive or hostile work environment for her
humiliating treatment likely to affect her health or safety

The first three are about employment benefits and threats. The fourth is about the environment. The fifth is about health and safety. Grouping them this way makes them easy to recall.

Section 19 sets out what every employer must do. These duties are mandatory ("shall"). They fall into groups: safety and display (clauses a, b), awareness and training (c), support to the Committee (d, e, f), support to the woman and action against the perpetrator (g, h), service-rule action (i), and monitoring reports (j). Section 4 requires the employer to constitute the Internal Complaints Committee by written order, and section 19(b) requires that order to be displayed.

Key rules to remember

Prohibition (section 3(1)): No woman shall be subjected to sexual harassment at any workplace; The Act protects women. The prohibition applies at any workplace.
Circumstances (section 3(2)): Promise of preferential treatment | Threat of detrimental treatment | Threat about present or future employment status | Interference with work or hostile environment | Humiliating treatment likely to affect health or safety; Each may be implied or explicit (the first three). The list is illustrative, not exhaustive, as the section says "among other circumstances".
Employer duties (section 19): (a) safe working environment, including safety from persons coming into contact at the workplace; (b) display penal consequences and the order constituting the Internal Committee; (c) workshops and awareness programmes at regular intervals, plus orientation for Committee members; (d) facilities to the Committee; (e) assist in securing attendance of respondent and witnesses; (f) make information available to the Committee; (g) assist the woman if she chooses to file a complaint under criminal law or any other law; (h) initiate action against the perpetrator under law; (i) treat sexual harassment as misconduct under service rules; (j) monitor timely submission of Committee reports; Ten clauses, (a) to (j). Learn them in the groups given in the concept section.
Committee order (section 4(1)): Employer constitutes the Internal Complaints Committee by an order in writing, at all administrative units or offices; Section 19(b) requires this order to be displayed at a conspicuous place.
Complaint time limit (section 9(1)): 3 months from the date of incident (or last incident in a series); extendable by up to 3 months for reasons recorded in writing; Useful as a link point when a question mixes prevention and complaint.

How to solve Prevention of Sexual Harassment and Employer Duties questions

Use this method for any question on section 3 or the employer's duties. It matches the ICSI answer style: provision, facts, conclusion.

1Read the facts and note who is involved: the woman, the alleged person, the employer, and where the incident happened.
2Identify the issue: is it asking whether conduct amounts to harassment (section 3) or whether the employer has met its duties (section 19)?
3State the provision in plain words. For section 3, give the prohibition in section 3(1) and the relevant circumstance from section 3(2). For section 19, name the specific clause.
4Apply it to the facts. Match each fact to one circumstance or duty. Use the words "may amount to" for section 3(2), since the list is not conclusive.
5Check for other duties or links: written order for the Committee, display of penal consequences, misconduct under service rules, assistance for legal action.
6Conclude clearly: say whether the conduct may amount to sexual harassment, or which duties the employer has failed to perform, and what it must now do.
7Cite the Act and section number next to each point.

Quickest way: Match and list method

When to use it: Use it for short-note questions or when time is tight and the question asks you to list circumstances or duties.

Write the heading and the section number first.
For section 3, write the prohibition in one line, then list the five circumstances as bullets.
For section 19, list duties in six groups: safety and display, awareness, Committee support, support to the woman and action against the perpetrator, misconduct, monitoring.
Add one line on the written order constituting the Internal Complaints Committee under section 4(1).
End with a one-line conclusion tied to the question.

Common mistakes in Prevention of Sexual Harassment and Employer Duties

Treating the section 3(2) list as a closed list.
Students memorise five points and assume nothing else counts.
Fix: Remember the words "among other circumstances" and "may amount to". Say the list is illustrative.
Saying any one of the five circumstances is automatically sexual harassment.
Students ignore the link to an act or behaviour of sexual harassment.
Fix: Write that the circumstance must occur in relation to or be connected with an act or behaviour of sexual harassment.
Missing or mixing up employer duties, such as leaving out the display requirement or the misconduct duty.
Section 19 has ten clauses and students learn only the well-known ones.
Fix: Learn the ten clauses in six groups and tick each group in your answer.
Saying the employer must display only the Committee's name.
Students recall display but not the full content.
Fix: Section 19(b) requires display of the penal consequences of sexual harassment and the order constituting the Internal Committee.
Citing the Indian Penal Code as the law for action against the perpetrator.
Section 19(g) and (h) in the Act text refer to the Indian Penal Code.
Fix: Say "under the Indian Penal Code or any other law for the time being in force" when quoting the Act's wording. In your own explanation, add that the Bharatiya Nyaya Sanhita is the current criminal code, and avoid relying on the old code for criminal provisions.
Mixing up the Internal Complaints Committee duties of the employer with those of the District Officer.
Both appear in the same Act and both involve awareness.
Fix: Employer duties are in section 19. District Officer duties are in section 20, such as monitoring Local Committee reports and engaging NGOs for awareness.

Worked examples

Example 1

Rajesh, a senior manager at a Pune company, tells Meera, a junior employee, that she will get a promotion if she agrees to go out with him, and hints that her job will be at risk if she refuses. Examine whether this may amount to sexual harassment under the POSH Act, 2013.

Show the solution

Provision: Section 3(1) says no woman shall be subjected to sexual harassment at any workplace. Section 3(2) lists circumstances that may amount to sexual harassment when connected with an act or behaviour of sexual harassment.
Facts: Rajesh promises a promotion in return for Meera going out with him. This is a promise of preferential treatment in her employment under section 3(2)(i).
Facts: He hints that her job is at risk if she refuses. This is an implied threat of detrimental treatment in her employment under section 3(2)(ii), and also an implied threat about her present or future employment status under section 3(2)(iii).
Both the promise and the threat are connected with his unwelcome behaviour towards her, which is an act of sexual harassment, and section 3(2) covers implied as well as explicit promises and threats.

Answer: Yes. The promise of promotion and the implied threat to her job fall within section 3(2)(i), (ii) and (iii), so the conduct may amount to sexual harassment, which section 3(1) prohibits.

Example 2

Sunrise Textiles Ltd has 120 employees at its head office. It has never displayed anything about sexual harassment, has never held an awareness session, and when a woman employee complained of harassment by a colleague, the HR head said it was a personal matter and took no action. Advise the company on its duties under section 19 of the POSH Act, 2013.

Show the solution

Provision: Section 19 says every employer shall perform the listed duties. These duties are mandatory.
Safe environment: Under section 19(a), the company must provide a safe working environment, including safety from persons coming into contact at the workplace.
Display: Under section 19(b), it must display at a conspicuous place the penal consequences of sexual harassment and the order constituting the Internal Committee under section 4(1). The company has displayed nothing, so it has failed this duty.
Awareness: Under section 19(c), it must organise workshops and awareness programmes at regular intervals for employees, and orientation programmes for Committee members. It has held none.
Committee support: Under section 19(d), (e) and (f), it must provide facilities to the Committee, help secure attendance of the respondent and witnesses, and make information available.
Misconduct and action: Under section 19(g), (h) and (i), it must assist the woman if she chooses to file a complaint under criminal or other law, cause action to be initiated against the perpetrator under law, and treat sexual harassment as misconduct under service rules. Calling it a personal matter and taking no action breaches section 19(i).
Committee: Section 4(1) requires the employer to constitute the Internal Complaints Committee by a written order. The facts do not show one exists, so the company must constitute it and display the order.

Answer: Sunrise Textiles Ltd has failed several duties under section 19, namely (a), (b), (c) and (i). It must constitute the Internal Complaints Committee by written order, display the penal consequences and the order, hold regular awareness programmes, and treat the complaint as misconduct under its service rules and act on it.

Exam tips

For "state the circumstances" questions, write section 3(1) first and then all five circumstances of section 3(2) as bullets. Add that the list is not exhaustive.
For "duties of employer" questions, group the ten clauses of section 19 and mention at least eight to ten with their clause letters.
In case-based questions, name the exact circumstance or clause that matches each fact, then give a clear conclusion.
Always mention that the employer must constitute the Internal Complaints Committee by written order under section 4(1) and display that order under section 19(b).
Quote the Act's own phrases such as "conspicuous place" and "regular intervals". They show you know the text.

Practice questions from Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Prevention of Sexual Harassment and Employer Duties: frequently asked questions

What does section 3 of the POSH Act say?

Section 3(1) says no woman shall be subjected to sexual harassment at any workplace. Section 3(2) lists circumstances that may amount to sexual harassment, such as a promise of preferential treatment, a threat of detrimental treatment, interference with work or a hostile environment, and humiliating treatment likely to affect health or safety.

How many duties does an employer have under section 19 of the POSH Act?

Section 19 lists ten duties, from clause (a) to clause (j). They cover a safe working environment, display of penal consequences and the Committee order, awareness programmes, support to the Committee, help to the woman, action against the perpetrator, treating harassment as misconduct, and monitoring the timely submission of Committee reports.

Is the list of circumstances in section 3(2) complete?

No. The section says the listed circumstances, "among other circumstances", may amount to sexual harassment. The list is illustrative. Other conduct can also amount to harassment if it is connected with an act or behaviour of sexual harassment.

What must an employer display at the workplace?

Under section 19(b), the employer must display at a conspicuous place the penal consequences of sexual harassment and the order constituting the Internal Committee under section 4(1).

Who constitutes the Internal Complaints Committee?

The employer does. Section 4(1) requires every employer of a workplace to constitute it by an order in writing. Where offices or administrative units are at different places, the Committee must be constituted at all administrative units or offices.