Workplace sexual harassment is a violation of a person’s dignity and autonomy. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“PoSH Act”) was enacted to address this serious issue. Grounded in the principles laid down by the Supreme Court of India in Vishaka v. State of Rajasthan, (1997) 6 SCC 241, the PoSH Act recognises that effective redress begins with clearly defined rights for the aggrieved woman. These rights are designed to ensure safety, fairness, and meaningful access to justice throughout the complaint and inquiry process.
Who is an aggrieved woman as per the PoSH Act?
Under Section 2(a) of the PoSH Act, the term “aggrieved woman” is deliberately defined in broad and inclusive terms. It is not limited to women who are formally employed by an organisation. While employees are clearly covered, the Act extends protection to any woman who alleges sexual harassment at a workplace, irrespective of the nature of her engagement or legal relationship with the organisation. This includes interns, trainees, apprentices, consultants, contract workers, domestic workers, clients, customers, visitors, volunteers, among others. By adopting this expansive definition, the Act affirms that a harassment-free environment applies to all women who access or interact with a workplace, not merely those on the payroll.
The PoSH Act also adopts an expansive understanding of what a “workplace” is. As per Section 2 (o) of the Act, it covers any location arising out of or in the course of work, including off-sites, client locations, travel for work, virtual spaces, and places where work-related interactions occur. The definitions under the Act reflect the evolving nature of modern workspaces.
Having identified who qualifies as an aggrieved woman, it is important to understand the statutory rights conferred on them under the PoSH Act.
Statutory rights of the aggrieved women under PoSH
Right to file a complaint (Section 9)
An aggrieved woman has the right to file a complaint within three months of an incident. This limitation period may be extended by the Internal Committee if it is satisfied that she was prevented from filing the complaint within time due to physical or psychological constraints. Further, where the aggrieved woman is unable to draft the complaint on her own, the Internal Committee is required to provide necessary assistance to enable her to do so.
Right to a fair and time-bound inquiry (Section 11)
Both the complainant and the respondent must be given an equal opportunity to be heard and to present evidence in support of their respective cases. The Internal Committee is required to conduct the inquiry in accordance with the principles of natural justice, ensuring fairness and impartiality throughout the process. The inquiry must be completed within a period of ninety days. Further, the recommendations of the Internal Committee must be implemented by the employer within sixty days, as stipulated under Section 13 of the PoSH Act.
Right to interim relief
As per Section 12 of the Act, during the pendency of an inquiry, the IC may recommend interim relief such as transfer of either party, leave for the aggrieved woman up to three months, change in reporting structure or work location etc. The IC may grant similar relief to the aggrieved party as needed. These are designed to ensure that an aggrieved party is not subjected to further harassment or discomfort during the pendency of inquiry.
Right to protection against retaliation
Though not expressly consolidated under a single provision, the combined reading and underlying spirit of Sections 12, 16 and 19 of the PoSH Act place a clear obligation on employers to ensure that an aggrieved woman is protected from any form of retaliation during and after the complaint process. These provisions collectively emphasise the employer’s duty to maintain a safe environment, which necessarily includes safeguarding the complainant from adverse retaliatory actions.
Accordingly, an aggrieved woman must not be dismissed, demoted, defamed, or subjected to any other form of retaliatory treatment for having raised a complaint. Any form of pressure – explicit or implicit – to withdraw the complaint runs contrary to the objectives of the Act and undermines the integrity of the inquiry process. The employers are duty-bound to actively prevent such conduct.
Strict confidentiality of the entire complaint process (Section 16) is a critical safeguard against retaliation and secondary victimisation. It helps prevent social stigma, workplace hostility, and subtle forms of professional backlash that may arise from disclosure. It enables parties to participate in the inquiry process without fear of reprisals. Any breach of this obligation of confidentiality attracts a penalty under the Act.
Right to appeal
Either party to a PoSH complaint may file an appeal within ninety days of the recommendations of the IC. The appeal would lie before the appellate authority under the service rules, or in the absence thereof, the prescribed local authority.
Right to relief and compensation.
A combined reading of Sections 13 and 15 suggests that the aggrieved party has a right to fair and meaningful relief, including compensation, where allegations of sexual harassment are substantiated. It goes beyond disciplinary action against the respondent. They take into account the impact of the harassment on the aggrieved woman. In determining compensation, factors such as mental trauma, emotional distress, loss of career opportunities, medical expenses, and the respondent’s financial capacity may be considered. This reinforces the Act’s rights based and remedial approach.
Conclusion
Despite the aforesaid statutory recognition of rights, aggrieved women continue to face significant practical and structural challenges in accessing effective redress under the PoSH framework. This includes fear of social stigma, reputational harm, and professional isolation, among other things. The PoSH Act is not merely symbolic but a transformative framework aimed at enabling women to assert safety and dignity at the workplace. While the law grants extensive rights to the aggrieved woman, their effective realisation depends on organisational commitment and work culture.