The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) 2013, AKA the POSH Act, is one of the most talked about corporate laws in India.
Meant to safeguard the interests and safety of employees in the workplace, the Act contains various mandates and directions for companies of varying sizes and types. However, even with the widespread knowledge of the Act, there are certain myths that surround it.
The Maharashtra State Women’s Commission’s recent call for statewide POSH audits in workplaces highlights that the country still has a long way to go when it comes to the effective implementation of the Act.
Believing these myths can prevent employees from exercising their rights, even when the situation warrants it. As such, here are some critical myths that need to be debunked in order to truly implement the POSH Act in India’s workplaces.
POSH Only Applies to Women in Corporate Offices
Even though most of the discussions surrounding the POSH Act are often done in a corporate setting, it is actually applicable to every working woman in India. Whether you are a part of the manufacturing line, working in the service industry, or are driving a delivery vehicle, your presence in the workforce guarantees you the rights directed by the POSH Act.
Only Physical Contact Qualifies as Sexual Harassment
While physical contact is often the most obvious example of sexual harassment, it is not the only act that qualifies under the POSH Act. Any unwelcome physical, verbal, or non-verbal acts of a sexual nature count as harassment.
Section 3 of the POSH Act specifies that the following acts or behaviours may amount to sexual harassment:
- Making an implied or explicit promise of preferential treatment in employment.
- Making an implied or explicit threat of detrimental treatment in employment.
- Making an implied or explicit threat about present or future employment status.
- Interfering with work or creating an intimidating, offensive, or hostile work environment.
- Subjecting an employee to humiliating treatment likely to affect their health or safety.
Once the Complaint is Filed, the Accused is Automatically Punished
While the POSH Act ultimately aims to help any aggrieved party, it does not mean that an accused is punished automatically. The principle of “innocent until proven guilty” is applicable even to the proceedings that follow after a complaint is filed.
Following a complaint, the company’s Internal Committee must conduct an investigation of the claims, listen to both sides and then come to a conclusion. Using a balanced approach, the findings are evaluated before any judgment is passed.
There are No Consequences for False Sexual Harassment Complaints
Suppose a company’s Internal Committee finds a complaint to be false and/or malicious in nature. In that case, the POSH Act allows them to suggest to the employer or District Officer to take action against the one who files the complaint.
Similarly, any false evidence or forged/misleading documents provided by a witness may lead the committee to suggest a similar course of action against the witness in question. Such provisions safeguard the employees from false/malicious accusations that may lead to severe consequences.
POSH Training is Only a Formality
POSH training is not merely a formality mandated by established rules. Apart from addressing the basics covered by the law, each company’s training also reflects the company’s culture and its expectations from its employees.
“Beyond its legal mandates, the POSH Act is a powerful tool for cultural transformation. It encourages organisations to build workplaces rooted in dignity, equality, and respect. Its broader significance lies in its ability to shift mindsets—from reactive compliance to proactive inclusivity,” shared Aparna Gonate, a POSH, DEI, POCSO and EAP Strategist.
Sexual Harassment Must Occur During Work Hours to be Valid
Even though the POSH Act primarily revolves around safety in the workplace, it does not mean that the provided rights become void once an employee clocks out. Section 2(o) of the POSH Act defines a workplace broadly, and courts in India have interpreted this to include any work-related environment, even virtual or extended workplaces.
As such, if the harassment is being conducted by someone connected to the female employee’s workplace, the POSH Act can still come into force. For example, if a colleague sends a female employee inappropriate messages using a messenger app late at night, the aggrieved employee can still file a complaint.
Flirting or Casual Banter Isn’t Harassment
What one might consider flirting or casual banter might not be the same for someone else. The power of words is never to be underestimated, especially when they might make the other party uncomfortable.
As per the POSH Act, any unwelcome sexual act, even a verbal one, is prohibited. This is especially true in cases where the power dynamics are unbalanced, i.e, the accused holds a senior position in the company.
A Complaint Must be Filed Immediately After the Incident
The POSH Act does not require any aggrieved party to rush into making any complaints. As per the guidelines, they have three months from the date of an incident to file a written formal complaint with the right authorities.
That said, some companies, like Reliance Entertainment, do advise their employees to “report the incident/last incident of harassment within 24 hours from the date of incident.”
POSH Doesn’t Apply in Family-run Businesses
Understand that all workplaces, even those run by family members, are covered by the POSH Act. Even with a family at the helm, a business can involve non-family members, in which case the Act’s relevance remains as important as ever.
The POSH Act prohibits any form of unwelcome conduct in a workplace, no matter who the involved parties are. Professional ties in a workplace matter more than personal ones, making POSH mandatory even in a family-run setting.
Only Employees Are Covered Under the POSH Act
The POSH Act is meant for “protection against sexual harassment of women at workplace.” The aggrieved party doesn’t need to be employed by the company, as long as the company is involved in one manner or another.
The broad definition of workplace in the Act means that even female clients/customers can file a complaint if the harassment has happened in the workplace. Even a female passenger can file a complaint against their cab driver if they have been harassed during the ride.
In the End…
The POSH Act can only truly be applied in workplaces if the employees understand just what it covers. The myths surrounding the Act can make it seem more sinister than the safeguard that it is meant to be.
Employers and HR professionals should ensure that their employees are well aware of the rights and expectations that are covered by the Act, as well as the company’s own policy. Only then can we create a safe and thriving work environment.
