FAQ’s

Appointing a nodal officer for the portal in every workplace is essential for its effective functioning and management. These designated officers play a critical role in ensuring that the portal operates smoothly and serves its intended purpose. They play a pivotal role as bridge for the employer, the Internal Committee/ Local Committee and the complainant in their respective workplaces by ensuring timely action on the complaints and regular updation of the data and related information on the portal, which are essential from the point of view of ensuring statutory compliance as well as enhancing organization’s reputation.

The same criteria shall apply, with additional requirements as follows:

• Societies must be registered under the Societies Registration Act, 1860;

• Companies must be incorporated under the Companies Act, 2013;

• Both must demonstrate operational mechanisms that actively combat sexual harassment and promote inclusivity at the workplace.

• Ability to understand types, nature and indicators of sexual harassment and analyse the case to address workplace sexual harassment concerns effectively.

• Comprehensive understanding of social, legal and psychological implications of Sexual harassment at workplace.

Women workers in the unorganized sector and domestic workers can easily file complaints through the SHe-Box portal, providing a centralized and accessible platform to report instances of sexual harassment directed to the appropriate Local Committee (LC) based on the location of workplace, if the organization where she works, does not have IC. Additionally, the portal includes a multilingual feature to enhance accessibility.

It is mandatory for all workplaces including private entities/ bodies to onboard the portal. The portal, developed in alignment with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, ensures effective implementation of its provisions. As per Section 4 of the Act, employer of every workplace shall establish an Internal Committee (IC). The Hon’ble Supreme Court has emphasized strict compliance with the Act's provisions in the case of Aureliano Fernandes Vs. State of Goa & Ors. The portal is structured in such a way that, unless the concerned workplace/ office or authority uploads information about their IC, complainants will be unable to file complaints through the portal to the respective IC of their workplace. Therefore, it is imperative for all workplaces including public and private organizations and workplaces within their jurisdictions to submit the required details, as mandated by the SH Act, 2013.

The Ministry of Women and Child Development (M/o WCD) has launched the SHeBox portal, which includes a feature for the easy registration of organizations and individuals with significant experience or expertise in the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, for the purpose of empanelment. This publicly accessible facility has been developed by the Ministry to create a comprehensive database for convenient access to empanelled organizations and individuals familiar with the issues relating to sexual harassment at the workplace. This initiative aims to facilitate training to the staff and Internal Committee (IC) members of various organizations, thereby promoting awareness and sensitization across all workplaces.

Any organization or individual seeking empanelment on the SHe-Box portal has to go through process of mandatory approval from the concerned State Nodal Officer (SNO). This approval will be granted only after verification of the submitted credentials, which must demonstrate expertise in the field of the POSH Act. Ministry of Women & Child Development has no role in verification/ authentication of the information provided by the applicants.

Considering the sensitivity of matters related to sexual harassment, individuals committed to the advancement of women’s rights or possessing expertise in addressing such issues may be considered, specifically who dealt with violence against women (VAW). Preference shall be accorded to candidates with a professional background in law or social work or psychology.

Preference will be given to Candidates who demonstrate familiarity with handling workplace sexual harassment concerns, as specified under:

• Clause (c) of sub-section (2) of Section 4,

• Clause (c) of sub-section (1) of Section 7 of the POSH Act, and

• Rule 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Rules, 2013.

Organizations seeking empanelment must fulfil the following criteria:

• A demonstrable commitment to women’s rights specifically works on violence against women (VAW), workplace safety, and empowerment;

• Prior experience in conducting training sessions, workshops, or awareness programs focused on women’s laws, preferably the POSH Act;

• Registration under the DARPAN Portal or NITI Aayog, in compliance with applicable government norms;

• Documented initiatives aimed at implementing workplace safety measures in accordance with the POSH Act.

Prospective candidates must possess demonstrated expertise in handling issues related to prevention of sexual harassment of women at workplace, evidenced through:

• Social Work – A minimum of five years of experience in women's empowerment or addressing sexual harassment at the workplace;

• Legal Proficiency – Adequate knowledge of labour, service, civil, or criminal laws governing workplace protections and employee rights;

• Training & Awareness Initiatives – Prior experience in conducting workshops or awareness sessions on women’s rights, particularly the POSH Act, shall be preferred.

The SH Act is specifically designed to protect women, irrespective of their age or profession, across both public and private sectors, and in organized as well as unorganized sectors.

The IC or the LC can forward a complaint to the Police for registering the case under Section 509 of the IPC (Section 79 of BNS, 2023) and any other relevant provisions of the IPC (BNS, 2023) within 7 days. [Section 11(1)]

In the event of non-compliance by the respondent of the terms and conditions of a settlement agreed upon and when the aggrieved woman informs the IC or the LC about it, the committee may make an inquiry or forward the complaint to the Police. [Section 11(1)]

1. Monetary Penalty: Employers can be fined up to INR 50,000 for failing to comply with the provisions of the POSH Act, such as not constituting an Internal Committee (IC) or not acting on the recommendations of the IC. (Section 26)

2. Repeat Offenses: If an employer is found guilty of repeated non-compliance, the penalty can be doubled, and the license/ registration may be cancelled or non-renewed. (Section 26)

Both the complainant and the respondent have the right to appeal the Committee’s decision within 90 days of the recommendations to the Court or the Tribunal, as per the service rules or rules prescribed. (Section 18/ Rule 11)

Once the inquiry is complete, the IC must prepare an inquiry report and submit it to the complainant, respondent and management within 10 days from the completion of inquiry. The report must be based on facts, circumstances, documentary evidence presented and witness statements. It must include relevant dates, dates to show how the timeline was followed, details of who attended the meetings, who were absent, list of witnesses, list of documents referred, important relevant excerpts from documents, witness statements, a copy of the complaint and reasons for conclusion. [Section 13 (1)]

Employer’s Action: The employer/ District officer must act on the Committee’s recommendations within 60 days of receiving the report. [Section 13 (4)]

The IC/ LC before initiating an inquiry and at the request of the aggrieved woman, may attempt to resolve the matter through conciliation. No monetary settlement is allowed as a basis for conciliation. (Section 10)

• Local Committee shall be constituted by the District Officer (usually, the District Magistrate or Additional District Magistrate or the Collector or Deputy Collector) in the concerned district to received sexual harassment complaints (Section 5 & 6)

• In the event where the employer engages less than ten workers and therefore, has not constituted an Internal Committee, or if the complaint of sexual harassment is against the employer, an aggrieved woman may approach the Local Committee (Section 6)

• The LC shall have the same roles and responsibilities that of IC and shall follow the same procedure for conducting inquiry into the complaint in accordance to the Act & Rules, 2013.

1. Any aggrieved woman can file a sexual harassment complaint in writing to the IC at her workplace within 3 months from the date of incident or date of last incident. In case complaint is filed beyond the given period, the complainant shall provide reasons for delay to the IC in writing. (Section 9(1))

2. In case any woman is not able to make a complaint due to her physical incapacity, complaint may be filed by:

• her relative or friend;

• her co-worker;

• an officer of National or State Commission for Women;

• any person who has knowledge of the incident, with the written consent of the aggrieved woman

3. In case any woman is not able to make a complaint due to her mental incapacity, complaint may be filed by:

• her relative or friend;

• a special educator;

• a qualified psychiatrist or psychologist;

• the guardian or authority under whose care she is receiving treatment;

• any person who has knowledge of the incident jointly with any person mentioned above

4. Where the aggrieved woman is dead, complaint may be filed by any person who has knowledge of the incident, with the written consent of her legal heir. (Rule 6)

• To ensure notification and appointment of the District Officers (usually, the District Magistrate or Additional District Magistrate or the Collector or Deputy Collector) as per Section 5 of the Act (ensure that every district, at all times has a notified District Officer; in case of vacancy caused by retirement, or any other reason, it must be duly remedied, to enable smooth transition between officers, and ensure that there is always someone incharge of this position);

• To ensure constitution of LCs in all the districts as per Section 6 & 7 of the Act;

• To ensure appointment of Nodal Officers as per Section 6 of the Act

• To ensure constitution of ICs as per Section 4 of the Act in all the workplaces defined in Section 2(o) of the Act

• Undertake orientation, training and sensitization of the District Officers and other concerned designated officers, with regards to the provisions of the Act and Rules, with an emphasis on their roles and obligations,

• To ensure reporting and collection of Annual Compliance Reports from all workplaces (all the Statutory bodies of professionals at the Apex level and the State level (including those regulating doctors, lawyers, architects, chartered accountants, cost accountants, engineers, bankers and other professionals), by Universities, colleges, Training Centres and educational institutions and by government and private hospitals/nursing homes, etc.) by all the District Officers of respective States as per Section 21 and 22 of the Act.

• To give due publicity to the Acts and Rules in all the Districts – block, talukas, tehsil in rural or tribal area and ward or municipality in the urban area (Section 24)

• To ensure that the gist of important provisions shall be displayed at all working places in all the States/UTs.

• Responsibility at the last level, to monitor the implementation of this Act and maintain data on the number of cases filed and disposed of in respect of all cases of sexual harassment at workplace. (Section 23)

• To ensure that Appropriate Authority provides information and undertakes inspection of records, on a complaint and they furnish in writing any information relating to sexual harassment, or produce any record required by an officer authorised to carry out an inspection (Section 25)

Responsibilities w.r.t SHe-Box portal

• Updating District Officers (as notified by the State Govt.) list on portal

• Adding/ creating other State Departments and regular follow-up with state department nodal officers to ensure uploading of ICs at all workplaces at State Govt. level

• Monitoring at district level- uploading of details of District Nodal Officers (DNO)

• Verification and approval of individuals trainers and Organizations/ body as a POSH expert for empanelment as per the procedure prescribed.

1. Streamlined Complaint Handling: Centralized systems ensure that complaints are managed efficiently, with all necessary information available in one place.

2. Improved Accessibility: Complainants can easily access the platform, regardless of their location or the sector they work in, making it easier to report incidents.

3. Enhanced Transparency and Accountability: Real-time tracking of complaints allows complainants to monitor the status of their cases.

4. Data Consistency: A centralized database ensures uniformity in data collection and reporting, reducing discrepancies and errors.

5. Effective Monitoring and Enforcement: Authorities can more easily oversee the implementation of regulations and ensure compliance with the law.

6. Support and Training: The portal serves as a resource hub, providing access to training materials and information on rights and procedures.

1. To ensure the effective implementation of the Act, especially in areas where the Internal Committee (IC) is not constituted.

2. Receiving Complaints: The Nodal Officer is also point of contact for receiving complaints of sexual harassment in their designated area (Section 6)

3. Coordination: The Nodal Officer coordinates with the District Officer and the LC to ensure timely and effective handling of complaints.

4. Awareness and Training: Help in organizing awareness programs and training sessions about the POSH Act to educate employees and employers in their area.

5. Monitoring and Reporting: The Nodal Officer monitors the implementation of the POSH Act and reports any issues or non-compliance to the District Officer.

Responsibilities w.r.t SHe-Box portal

• Adding/ creating other District Offices and regular follow-up with District Offices, Nodal officers may ensure uploading of their ICs at district level.

• Verification and approval of Private organizations/ bodies to enable them to onboard on the portal and upload their IC details.

1. Centralized Platform: The portal serves as a unified platform for women across the country to file complaints of sexual harassment, regardless of whether they work in the public or private sector.

2. Complaint Submission: Users can easily submit their complaints online through the portal. The user-friendly interface ensures that the process is straightforward and accessible.

3. Multi-lingual support: A multilingual support feature has been introduced, breaking language barriers and enabling individuals from different linguistic and social backgrounds to interact with the portal seamlessly.

4. Automatic Forwarding: Once a complaint is submitted, it is automatically forwarded to the relevant Internal Committee (IC) or Local Committee (LC) of the concerned workplace, based on the selection made by the complainant.

5. Real-Time Tracking: Complainants can track the status of their complaints in realtime, receiving updates on the progress and any actions taken.

6. Nodal Officers: Designated nodal officers are responsible for regularly updating information on the portal and ensuring that the complaints are addressed in a timely manner. This includes maintaining accurate records of ICs and LCs.

1. Establishment & on-boarding of Internal Committees (ICs): It mandates the formation and on-boarding of Internal Committees in every organization with more than 10 employees to handle sexual harassment complaints.

2. On-boarding of Local Committees (LCs): For organizations with less than 10 employees or where the complaint is against the employer, Local Committees are to be constituted by the district officer. The details of a LC of each district is available on the portal.

3. Filing and Redressal of Complaints: The portal provides a platform for women to file complaints and track the status of their grievances.

4. Data Management and Reporting: It facilitates the collection and maintenance of data on sexual harassment cases.

5. Awareness and Training: The portal serves as a resource hub for information and training materials related to the SH Act.

1. Regular updates: Nodal officers are responsible for entering and regularly updating the details of Internal Committees (ICs) and Local Committees (LCs) on the portal.

2. Complaint Management: Nodal officers track the status of complaints to ensure they are being addressed in a timely manner and in compliance with the Sexual Harassment Act.

3. Annual Reports: To ensure compliance under the SH Act, NO is required to update Annual reports on the portal w.r.t number of cases filed, actions taken, and the current status of complaints. The Portal has a feature to digitally submit the report directly to the respective District Officer.

4. Awareness and Training: Nodal officer have to update information on sensitization workshops and training sessions organized for employees and IC members.

Any aggrieved women who is not in a position to access the Internal Committee or the Local Committee could seek advice or file her complaint through the modes mentioned below. If any aggrieved woman approaches any of the legal services institutions, the personnel at those institutions would assist such an aggrieved woman to file the complaint either before the Internal Committee or before the Local Committee, as the case may be, and in cases where necessary, will also assist such an aggrieved woman to approach the local police station.

The three ways:

1. through Legal Services Clinics and para Legal Volunteers (PLVs);

2. Legal helpline (15100 – NALSA helpline number); and

3. through the Legal Services Management System, the details of which are available on National Legal Services Authority (NALSA)’s web-site.

As per the SH Act, 2013, Section 4(2)(c), the Internal Committee shall include one member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment.

Section 7(1)(c) states that two Members, of whom at least one shall be a woman, to be nominated from amongst such NGOs or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment.

Rule 4 of the SH Rules, 2013, defines ‘person familiar with the issues relating to sexual harassment’ as a person who has expertise on issues relating to sexual harassment and may include:

1. a social worker with atleast five years of experience in the field of social work which leads to creation of societal conditions favourable towards empowerment of women and in particular in addressing workplace sexual harassment;

2. a person who is familiar with labour, service, civil, or criminal laws.

1. Complaint Handling:

• ICs: Handle complaints in organizations with more than 10 employees.

• LCs: Manage complaints in smaller organizations or when the complaint is against the employer.

2. Data Maintenance: Both ICs and LCs update the SHe-Box portal with complaint details and actions taken.

3. Regular Updates: Designated nodal officers keep the portal updated with ICs and LCs information.

4. Transparency and Accountability: The portal allows complainants to track complaint status and ensures timely resolution.

An ex parte decision can be taken by the Committee when either the complainant or the respondent fails to participate in the proceedings despite being summoned for three consecutive hearings without sufficient cause. [Rule 7(5)]

1. Notice and Opportunity: The IC/LC must provide a written notice 15 days in advance before making an ex parte decision.

2. Failure to Appear: If the complainant or respondent does not attend the hearings or fails to present their case, the IC may proceed with an ex parte decision.

3. Timelines: The inquiry process must be completed within 90 days, including any ex parte proceedings.

1. Formulate a POSH Policy (Rule 13)

2. Establish an Internal Committee (IC) if more than ten employees [Section 4(1)]

3. Separate Internal Committee at each location where offices/administrative units are in different locations [Proviso to Section 4(1)]

4. Conduct Awareness Programs (Section 19 / Rule 13)

5. Training/orientation/capacity building of IC [Section 19(c)/ Rule 13]

6. Display Information about POSH policy, IC members and consequences [Section 19(b)/ Rule 13]

7. Act on recommendation of IC/LC (including interim measures) within 60 days [Section 13(4)]

8. Penalty for making known contents of complaint and inquiry proceedings: recover 5000 rupees (R.12)

9. Annual report: include no. of cases filed, their disposal and nature of action taken (Section 22/ Rule 14)

1. Receiving Complaints

2. Conciliation report to employer and copies to both parties (Section 10(2&3)

3. Inquiry Process within 90 days [Section 11(4)]

4. Recommendations including interim measures (Section 12)

5. Confidentiality (Section 16 & 17)

6. Annual Reports under Rule 14, submit to employer each calendar year (Section 21)

The committee also plays a crucial role in creating awareness about the POSH Act and ensuring compliance within the organization.

1. Presiding Officer: A woman employed at a senior level at the workplace from amongst the employees. [Section 4 (2) (a)]

2. Internal Members: At least two members from amongst employees, preferably those committed to the cause of women or who have experience in social work or legal knowledge. [Section 4 (2) (b)]

3. External Member: One member from an NGO or an association committed to the cause of women, or a person familiar with issues relating to sexual harassment. [Section 4 (2) (c)]

At least half of the IC members must be women.

The external member is appointed to ensure impartiality and fairness in handling complaints, bringing an independent perspective to the committee’s proceedings. While the Act does not explicitly define the qualifications for an external member, it broadly requires familiarity with workplace harassment issues or experience in social work, legal matters, or women's rights.

The primary objective of the SH Act is to provide a statutory framework for the prevention of sexual harassment at the workplace, ensuring a safe and secure working environment for women. The Act covers all women irrespective of their age or profession, whether in public or private sector and whether in organized or unorganized sector.

• To constitute an LC in each district (Section 6)

• Designating a nodal officer in each block, taluka, and tehsil in rural or tribal area, and ward or municipality in the urban area, to receive complaints and forward the same to the concerned LC within 7 days [Section 6 (2)]

• To ensure the effective implementation of the Act, especially in areas where the IC is not constituted

• To take timely action in a complaint as per the recommendation of the LC [Section 13 (4)]

• Collection of Annual reports from all the LCs/ ICs [Section 21(2)]

• Forward a brief report on the Annual reports received, to the State Government [Section 21(2)]

• Payment of allowances to the Chairman and members of the LC (Section 8)

• Enforcement on the order for recovery of the sum as an arrear of land revenue if the respondent fails to pay [Section 13 (3)]

• Take necessary measures for engaging NGOs for creation of awareness (Section 20)

1. Preliminary Inquiry: To determine if the complaint falls under sexual harassment as defined by the POSH Act. (Section 10)

2. Conciliation: Before inquiry, at the request of the aggrieved woman. Monetary settlement is not allowed. (Section 10)

3. Formal Inquiry: Notice to respondent within seven days; hearing for both parties; confidentiality throughout.

4. Action: If misconduct is proved, recommend action including written apology, warning, reprimand or censure, withholding of promotion or pay rise or increments, terminating the respondent, counselling or community service. (Section 13)

5. Interim Relief: Transfer, leave to complainant, or restraining the respondent from reporting on the complainant’s work. (Section 12/ Rule 8)

6. Granting Compensation: For mental trauma, pain, suffering, emotional distress, loss of career opportunity, or medical expenses. (Section 15)

7. Report and Recommendations: Complete inquiry within 90 days; submit report within 10 days. (Section 13)

8. Punishment for false/malicious complaint or false evidence: Recommend action as prescribed; mere inability to substantiate a complaint need not attract action. (Section 14) If allegations are not proven, no further action against the respondent.

The SH Act requires the preparation and submission of annual reports by the Internal Committees and Local Committees, which are then forwarded to the State Government for review.