महिलाओं का कार्यस्थल पर लैंगिक उत्पीड़न (निवारण, प्रतिषेध एवं प्रतितोष) अधिनियम
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
A 30-section statute that codified — and went beyond — the 1997 Vishaka guidelines. Defines 'sexual harassment' broadly (Section 2(n) and Section 3(2)), defines 'workplace' broadly (Section 2(o)), and covers every woman of any age, employed or not, contractor, intern, volunteer or domestic worker. Mandates an Internal Committee at every workplace with 10+ employees (Section 4) and a Local Committee at the District level (Section 6) for smaller workplaces and unorganised-sector complaints. Sets a strict 3-month complaint window (Section 9), a 90-day inquiry timeline (Section 11(4)), conciliation without monetary settlement (Section 10), interim relief during inquiry (Section 12), reporting and confidentiality (Sections 13-17) and an appeal route (Section 18). Imposes fines on non-compliant employers (Section 26) and operates in addition to BNS, 2023 criminal remedies (Section 28).
- Sections
- 30
- Chapters
- 8
- Tier
- Tier 1
- Commenced
- Came into force on 9 December 2013 (Notification S.O. 3606(E) dated 9 December 2013).
Preamble
What this Act sets out to do
An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto. WHEREAS sexual harassment results in violation of the fundamental rights of a woman to equality under articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under article 21 of the Constitution and right to practice any profession or to carry on any occupation, trade or business which includes a right to a safe environment free from sexual harassment; AND WHEREAS the protection against sexual harassment and the right to work with dignity are universally recognised human rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on the 25th June, 1993 by the Government of India; AND WHEREAS it is expedient to make provisions for giving effect to the said Convention for protection of women against sexual harassment at workplace. BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:—
Table of contents
Chapters
Chapter I§1–3
Preliminary
Chapter I is the foundation. Section 1 sets the title and territorial reach. Section 2 carries the long, deliberately broad definitions — every word ('aggrieved woman', 'employee', 'employer', 'workplace', 'sexual harassment', 'unorganised sector') was crafted to extend the Act far beyond the formal sector that the Vishaka guidelines had primarily addressed. Section 3 is the substantive prohibition: no woman shall be subjected to sexual harassment at any workplace, and lists five quid-pro-quo / hostile-environment circumstances that may amount to harassment.
3 sections
Chapter II§4–4
Constitution of Internal Complaints Committee
Chapter II is one section but the most consequential operational obligation in the Act. Section 4 mandates an Internal Committee at every workplace with ten or more employees, lays down its composition (including the gender-balance and external-member requirements) and tenure, and lists the four grounds for removal of members. Failure to constitute an Internal Committee under Section 4 attracts a fine of up to ₹50,000 under Section 26 — and on repeat default, cancellation of business licence and registration.
1 sections
Source
Read the Act yourself
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About this Act
Quick facts
- Year
- 2013
- Sections
- 30
- Chapters
- 8
- Tier
- Tier 1
Amendments
- 2016Repealing and Amending Act, 2016 (Act 23 of 2016) — Renamed 'Local Complaints Committee' to 'Local Committee' and 'Internal Complaints Committee' to 'Internal Committee' throughout the Act, w.e.f. 6 May 2016. No substantive change.
- 2023Bharatiya Nyaya Sanhita, 2023 — consequential — Section 11(1) refers to 'Section 509 IPC'. The corresponding provision is now Section 79 of the BNS, 2023 (word, gesture or act intended to insult the modesty of a woman). Section 354A IPC (sexual harassment) has become Section 75 BNS, 2023. The POSH Act remains the principal civil-redressal regime.