Sexual harassment at the workplace has long been a critical issue that impacts not just individual dignity but also organizational integrity and safety. The POSH Act (Prevention of Sexual Harassment of Women at Workplace Act, 2013) was enacted to ensure a safe and secure work environment for women. Despite over a decade since its implementation, the Act is still misunderstood and surrounded by several myths.
In this blog, we’ll debunk some of the most common myths about the POSH Act and share facts that every employee, employer, and legal professional should be aware of.
Myth 1: POSH Act Applies Only to Corporates
Fact:
The POSH Act is not limited to corporate organizations. It is applicable across all sectors — public and private, government and non-governmental organizations, educational institutions, hospitals, and even households employing domestic workers. Any organization with more than 10 employees is legally bound to constitute an Internal Committee (IC) to address sexual harassment complaints.
Myth 2: Only Women Can File a Complaint
Fact:
While the POSH Act was originally designed to protect women from workplace harassment, there’s growing awareness about the need for a gender-neutral policy. However, under the current law, only women are considered “aggrieved” individuals. Men or LGBTQ+ individuals currently cannot file complaints under this Act, but organizations may choose to address these issues through internal codes of conduct or gender-neutral harassment policies.
Myth 3: Casual Remarks Don’t Qualify as Sexual Harassment
Fact:
The POSH Act clearly defines sexual harassment and includes unwelcome verbal, non-verbal, and physical behavior. Even casual remarks, jokes, or gestures with sexual undertones can constitute harassment if they make the recipient feel uncomfortable, threatened, or demeaned.
Myth 4: Filing a Complaint Could Lead to Retaliation or Job Loss
Fact:
Retaliation against the complainant is strictly prohibited under the POSH Act. If any form of victimization or backlash occurs after filing a complaint, it constitutes a violation of the Act. Employers are legally obligated to protect complainants and ensure confidentiality throughout the inquiry process.
Myth 5: Internal Committees are Biased and Ineffective
Fact:
While skepticism exists, the POSH Act mandates proper training and inclusion of external members in Internal Committees to ensure neutrality and fairness. Organizations can also seek legal guidance from professionals like a POSH Act Lawyer in India to ensure compliance and effectiveness in handling complaints.
Myth 6: Anonymous Complaints Are Not Valid
Fact:
Although the POSH Act emphasizes the importance of a formal complaint, it does not strictly invalidate anonymous complaints. An Internal Committee can take suo moto cognizance or act based on third-party information if there are sufficient grounds for investigation.
Myth 7: False Complaints Are Rampant
Fact:
This is perhaps the most dangerous myth. Studies show that false complaints are extremely rare. The POSH Act includes provisions to penalize malicious complaints, but these should not deter genuine survivors from coming forward. Misuse is an exception, not the norm.
Myth 8: Once the IC Gives a Verdict, It Can’t Be Challenged
Fact:
The Internal Committee’s findings are not beyond scrutiny. If any party is unsatisfied with the outcome, they can approach labor courts, tribunals, or even file writ petitions in High Courts. Legal professionals like a POSH Act Lawyer in Bangalore can guide clients through appeals and further legal remedies.
Myth 9: POSH Compliance is Just a One-Time Form
Fact:
POSH compliance is an ongoing process. Organizations must conduct regular awareness sessions, IC trainings, display POSH policies prominently, and file annual reports. Non-compliance can lead to hefty penalties and reputational damage.
Why You Need a POSH Act Lawyer
With increasing scrutiny from regulatory bodies and rising awareness among employees, organizations cannot afford to treat POSH compliance as a mere formality. A seasoned legal expert can help draft airtight policies, train Internal Committee members, and provide legal counsel during investigations or appeals.
If you are an employee facing workplace harassment or an employer looking to ensure legal compliance, consulting a POSH Act Lawyer in Bangalore like Advocate Saket Bisani is your best step forward.
Meet Advocate Saket Bisani – Expert in POSH Law & Employment Legalities
When it comes to navigating sensitive legal matters like workplace harassment, you need a legal expert who combines legal proficiency with empathy and professionalism. Saket Bisani is a distinguished POSH Act Lawyer in Bangalore with years of experience advising corporates, institutions, and individuals on employment and sexual harassment laws.
Why Choose Saket Bisani?
- Over a decade of experience in corporate law and workplace compliance
- Advisor to multiple companies for POSH policy formation and IC training
- Known for his pragmatic approach, professional discretion, and legal precision
- Represented clients in high-profile POSH inquiries and labor court cases
- Frequently invited speaker at legal seminars and HR conferences
Whether you are a victim seeking justice or an organization striving to be POSH-compliant, Saket Bisani offers end-to-end legal support that is timely, ethical, and effective.
Explore more about the Best lawyer in Jayanagar and schedule a consultation today.
Final Thoughts
The POSH Act is not just a legal requirement; it is a commitment to workplace dignity, equality, and safety. Debunking myths and spreading awareness is the first step toward building a more respectful and inclusive work culture.
Remember, every individual has a right to feel safe and respected at their workplace. If you’re unsure about your rights or responsibilities under the Act, don’t hesitate to reach out to a POSH Act Lawyer in Bangalore like Saket Bisani, who can provide expert legal guidance and ensure that justice is not just served — but felt.
Disclaimer:
The information provided in this article is for general informational purposes only and does not constitute legal advice. While efforts have been made to ensure the accuracy of the content, Bisani Legal and its representatives are not responsible for any errors or omissions, or for any outcomes resulting from reliance on this information. Readers are advised to consult a qualified legal professional for specific legal guidance related to their individual property matters. The use of this article does not establish an attorney-client relationship between the reader and Bisani Legal.
Published by: Mr. Saket bisani
Date: 03/06/2025
