PoSH for Interns, Freelancers & Consultants: The
Unseen, Unheard, and Unprotected

Ghosts in the System: The Ones We Forge

She doesn’t have an ID card. She doesn’t appear in your payroll software. But she’s there – on the email chain, on the brainstorming call, on the shared drive.

Maybe she’s an intern spending six weeks trying to get a feel for the corporate world. Or a freelance graphic designer juggling two clients and five deadlines. Or a consultant brought in to troubleshoot your strategic pivot.

They’re integral to your deliverables. But if they’re sexually harassed while working with you, are they protected?

This is the forgotten question in most workplaces. As India strengthens its workplace safety mechanisms under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act), Many organisations still treat interns, freelancers, and consultants as “outside the system”- ghosts who do the work but have no face, no status, and no shield.

The Law Says Yes. The Policy Says Maybe. The Practice Says No.

The PoSH Act, progressive in its construction, does not limit protection to salaried, full-time employees. It expressly includes a wide range of working women under its protective framework.

Under Section 2(a) of the Act, an “aggrieved woman” is any woman, of any age, “whether employed or not,” who alleges sexual harassment at a workplace. This includes:

• Interns
• Apprentices
• Trainees
• Volunteers
• Daily wagers
• Freelancers
• Clients, customers, or even visitors to the workplace

Likewise, Section 2(o) expands the definition of “workplace” far beyond the conventional office; it includes government and private organisations, educational institutions, dwellings, sports institutes, hospitals, transport vehicles, and even virtual spaces.

In other words, the law has anticipated modern workplaces as hybrid, decentralised, and gig-driven, but most internal policies have not.

In many organisations:

• The PoSH policy only applies to “employees.”
• Internal Committees (ICs) reject complaints from “non-employees.”
• HR teams are uncertain about obligations toward freelancers.
• Interns are never informed about PoSH mechanisms at all.

This is not just a procedural gap. It disregards the statutory purpose and compromises the dignity of the workplace.

The Structural Problem: No Access, No Voice

The lack of access to non-employee redressal mechanisms isn’t accidental – it’s built into the organisational architecture.

Interns

Often young and inexperienced, interns are more vulnerable to abuse. Their need for letters of recommendation or job offers makes them unlikely to report harassment. Many are unaware of their rights under PoSH or unsure if they “count” in the eyes of the law. Moreover, short internship durations discourage formal complaints. “Let me just finish these four weeks and leave” is a survival strategy – not consent.

Freelancers

Freelancers may work closely with teams but technically remain third-party vendors. Their contracts rarely include PoSH protection. They operate outside HR structures. And because they rely on continued business, many choose silence over confrontation, even when confronted with inappropriate behaviour. Their workspaces are chatrooms and Zoom meetings where blurred boundaries often become dangerous.

Consultants

Consultants, particularly those who work off-site or part-time, often receive no onboarding and are excluded from internal culture and protocols. If harassed, they may not know whom to approach or whether they even can. In some cases, organisations have simply denied jurisdiction, stating that the consultant is not under their employment and should take it up elsewhere. This approach not only violates the Act, but it also undermines workplace safety for everyone.

The Digital Dimension

Harassment today doesn’t require a physical office. It can happen via a sexist remark on a Zoom call, an inappropriate emoji on Slack, or unsolicited late-night WhatsApp messages. For gig workers, freelancers, and consultants whose primary workplaces are virtual, these blurred online boundaries are where harassment thrives. Yet most policies fail to explicitly extend PoSH protection to digital interactions. While many frameworks acknowledge online communication, their application to remote workers, freelancers, and gig professionals remains ambiguous. In practice, such individuals often face procedural hurdles in reporting virtual harassment, and even when complaints are raised, they may not be accorded the same seriousness as incidents within a physical workplace.

The Intersection of Vulnerabilities

The risks faced by interns, freelancers, and consultants are amplified when we account for intersectionality. Age, economic dependence, and power dynamics often determine how vulnerable someone is:

• Young interns, often teenagers or in their early twenties, may lack awareness of their rights or fear that speaking up could jeopardise future opportunities.
• Freelancers, financially dependent on repeat projects, often silence themselves to avoid losing income.
• Consultants, working directly with senior management, may find the power imbalance too steep to challenge.

Workplace safety cannot be one-size-fits-all. Protections must account for these layered vulnerabilities.

The Fallout: The Real Cost of Exclusion

Failure to protect non-employees isn’t just a compliance risk. It’s an ethical lapse, legal liability, and a compliance risk for any organisation.

• Legal Risk: Organisations can face legal action for non-compliance. Under Section 26 of the PoSH Act, failure to constitute an IC, respond to complaints, or maintain records can result in fines and even cancellation of business licenses.
• Reputational Damage: In the age of social media and online testimonials, a single allegation by an intern or freelancer can go viral – whether or not formal mechanisms were followed. Employers who fail to address such incidents face reputational backlash, talent loss, and eroded trust.
• Cultural Breakdown: When non-employees are excluded from safety mechanisms, it signals to full-time employees that dignity at work is conditional. It suggests that protection is a perk, not a right. This corrodes workplace culture and encourages silence, complicity, and fear.

Why Organisations Fail

But why does this gap persist? Often it’s not wilful negligence but a mix of challenges: lack of awareness that the law applies to non-employees, resource constraints in smaller firms and startups, or cultural resistance that refuses to see gig workers as “insiders.” Without active commitment, these excuses perpetuate unsafe spaces.

The Path Forward: Making PoSH Truly Inclusive

To truly uphold the spirit of the PoSH Act, organisations must go beyond formality and ensure meaningful inclusion. Here’s how:

1. Policy Inclusion

Explicitly mention that the PoSH policy applies to interns, freelancers, consultants, and contract workers. Publish the IC’s contact details on all onboarding documents and the company website/intranet.

2. Onboarding & Awareness

Share PoSH policies and IC details during onboarding, even for short-term contributors. Conduct regular PoSH awareness sessions that include all categories of workers.

3. Contractual Clauses

Include a PoSH clause in consultancy and freelance agreements. Commit to IC access, confidentiality, and non-retaliation. Provide a clear reporting route in case of complaints.

4. IC Training

Train IC members to sensitively handle complaints from non-traditional employees. Review past cases to ensure that no complainant was excluded due to technical employment status.

5. Access to LCs

For startups or organisations with fewer than 10 employees (where an IC is not mandatory), inform interns and consultants about the Local Committee (LC) in their district. Offer assistance in reaching out to the LC if needed.

Call to Action: Everyone Has a Role

To make inclusion real, every stakeholder must act:

• For organisations: Update PoSH policies to cover all categories, train Internal Committees to handle gig worker complaints, and include PoSH clauses in freelance/consultancy contracts.
• For interns and freelancers: Educate yourself on your rights, seek clarity on PoSH mechanisms at the workplace, and if denied, approach Local Complaints Committees or supportive NGOs, or register a complaint through the government’s SHe-Box platform..
• For lawmakers and industry bodies: Push for sector-wide codes of conduct, audits, and standardisation so that compliance is not optional but embedded in industry practice.

Inclusion Is Not a Courtesy – It’s the Law

Workplaces today are no longer confined by geography, hierarchy, or contracts. They’re fluid, collaborative, and increasingly gig-based. But safety, dignity, and redressal cannot remain confined to old definitions.

Interns, freelancers, and consultants are not peripheral actors. They are stakeholders. They are contributors. And they are legally entitled to the same protections as any other woman working under your roof or virtually connected to it.

If your organisation benefits from their work, it also bears responsibility for their safety.

Conclusion: Temporary Roles, Permanent Rights

The PoSH Act does not distinguish between the permanent and the passing-through. It recognises that sexual harassment can happen to anyone, anywhere – whether in a boardroom, a breakout room, or a WhatsApp group.

A truly safe workplace is one where protection isn’t gated by designation. It is freely and equally available to all.

Quick Toolkit: Five Takeaways for Action

• Update your PoSH policy to explicitly include interns, freelancers, and consultants.
• Ensure IC contact details are visible and accessible to everyone.
• Insert a PoSH compliance clause in all third-party contracts.
• Conduct short PoSH orientations for every new entrant—even short-term interns.
• Share LC contact information with those outside formal HR systems.

Remember, Irrespective of the Location, Employee Safety at Work is the Employer’s Responsibility