From Vishaka to the POSH Act: Workplace Sexual Harassment Law in India

The case

• Bhanwari Devi was a social worker in Rajasthan. She was gang-raped in 1992 after she tried to stop a child marriage.
• Women’s groups filed a petition named Vishaka v. State of Rajasthan.
• In 1997 the Supreme Court laid down the Vishaka Guidelines to stop sexual harassment at work.
• No law covered the subject then, so the Court’s guidelines acted as law.
• It drew on India’s duties under CEDAW, which India ratified in 1993.
• The judgment was delivered on 13 August 1997 by a bench led by Chief Justice J. S. Verma. He later headed the committee in IndSoc0007.

The law

• Parliament passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act in 2013.
• It is known as the POSH Act.
• It received assent on 22 April 2013 and came into force on 9 December 2013.
• It replaced the guidelines after sixteen years.

Internal Committee

• Every workplace with ten or more employees must set up an Internal Committee (IC).
• The Presiding Officer must be a senior woman employee.
• At least half the members must be women.
• One member must come from outside, such as an NGO or a person with legal knowledge. This is a real legal requirement.
• Failing to set up an IC can bring a fine of up to ₹50,000.

The complaint process

• A woman files a written complaint within three months of the incident. The committee can extend this by another three months.
• The committee may try conciliation first. Money settlement is not allowed.
• The inquiry must finish within 90 days.
• Penalties on the offender follow the employer’s service rules.
• The Act also protects domestic workers and women in the unorganised sector through Local Committees.

Local Committee

• Workplaces with fewer than ten employees use a Local Committee.
• A District Officer sets it up for each district.
• The Act’s “workplace” is broad. It includes travel for work, not only the office.

Why the law is not enough

• Awareness and enforcement still vary widely, especially in small firms.
• On 3 December 2024, the Supreme Court told States to appoint District Officers and set up Local Committees.
• It also asked for Internal Committees to be listed on the SHe-Box portal.
• Source: LiveLaw on States’ compliance.

Why a law beats guidelines

• Guidelines by a court can fill a gap but are not a full scheme.
• A statute adds committees, time limits and penalties.
• A formal workplace channel means women need not go straight to police or court.

July 2026

• On 17 July 2026, the National Commission for Women began a two-day awareness programme on the POSH Act.
• It was held at Vigyan Bhawan, New Delhi. Minister Annpurna Devi was Chief Guest.
• She released an NCW booklet on inquiry procedures for Internal and Local Committees.
• She highlighted the SHe-Box portal for time-bound handling of complaints.
• Source: PIB, 17 July 2026.