At SPJ Advocates & Co., we believe every employee deserves a safe, respectful and fair workplace.
If you are being harassed, insulted, discriminated against, touched inappropriately, threatened, or pressured at work, you do not have to tolerate it. Indian law strongly protects employees from workplace harassment—both men and women.
As employment lawyers, we help employees and organisations understand their rights and duties under Indian workplace harassment laws and take the right steps before it is too late.
In simple words,Workplace harassment is any unwelcome behaviour at work that harms your dignity, creates fear, or affects your job because of your gender, identity or personal characteristics.
This can be:
Once the behaviour becomes unwelcome, repeated, humiliating or serious, it can become illegal harassment.
In India, workplace harassment is not governed by a single, all-purpose statute like in some foreign jurisdictions. Instead, it is covered through a combination of:
At SPJ Advocates & Co., we help employees determine exactly which law applies to their case.
Indian law offers protection against all forms of harassment through a mix of statutes and constitutional safeguards:
Caste-based harassment:
Disability-based harassment:
Transgender & gender-identity based harassment:
HIV status-related harassment:
Sexual Harassment (POSH Act):This includes any unwelcome:
1. Put written complaint to your Employer: The first step is usually to file a written complaint to HR Deptt. / Senior management. But if the complain is related to POSH report to ICl Committee This creates a formal record of your grievance, and Legal “notice” to the employer. If the employer doesn’t act or conducts a inquiry, it strengthens your future legal case.
2. Make a Detailed record: Write down every incident clearly like Date, time, place, what was said or done, who was present, How you reacted, Any complaint made afterwards. Do this as soon as possible after each incident; it makes your case more credible and strong.
3. Save and Organize Useful evidence: it includes Emails, chats, messages, screenshots, Voice notes (if lawfully recorded), CCTV footage (if legally accessible), Written complaints, replies, inquiry reports, Medical/psychological records
4. Identify Witnesses: If your Co-workers who witnessed the Harassment they are willing to give truthful statements, it greatly strengthens your case before the Internal Committee, labour authorities, or a court.
The worth of a workplace harassment claim depends on various factors such as:
Courts may order:
High “reward” damages are rare in India, but courts increasingly take harassment seriously, especially in high-profile or egregious cases.
First of all Do not sign any release/settlement/separation agreement without legal advice. You may be waiving important rights to compensation or reinstatement.
Contact a lawyer quickly to:
For caste-based or other serious offences, you can approach the police directly under IPC or special laws.
India does not have one single “harassment statute of limitations”. Different forums and laws have different time limits.
POSH Act (Internal Committee Complaint): Complaint to Internal Committee / Local Committee must be filed within 3 months from the date of the incident. This can be extended by another 3 months if the Committee believes there were justified reasons for delay
Criminal Complaints (IPC Offences): For offences like outraging modesty, sexual assault, stalking, criminal intimidation, etc., FIR should ideally be filed as early as possible. Limitation depends on the maximum punishment for the offence under the Code of Criminal Procedure.
Compensation Claims: For independent civil suits for damages (mental agony, defamation, etc.), the general Limitation Act, 1963 often allows three years from when the cause of action arose. Exact timelines depend on the nature of the claim and relief.