Mental Harassment at Workplace India — POSH, BNS, IRC (2026)

A software engineer in Pune endures months of verbal abuse, public humiliation in team meetings, manipulation of performance reviews, and a forced resignation — without any sexual element. Mental and psychological harassment at the workplace is widespread but legally less explicit than physical or sexual harassment. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (POSH) covers sexual harassment; the Industrial Relations Code 2020, BNS 2023, state Shops and Establishments Acts, and constitutional rights cover the rest. This page explains the complaint route, the forums, and the free legal aid available.

• What counts as workplace harassment
• POSH Act for sexual harassment
• Non-sexual harassment IRC and state laws
• Documenting harassment
• The 30-day complaint escalation
• Free legal aid via DLSA
• Sample complaint FIR Industrial Tribunal
• Filing an RTI to the Labour Department
• Helplines and portals
• FAQ
• Myth vs reality

POSH §2(n) defines sexual harassment to include, among other unwelcome conduct:

• Physical contact or advances.
• A demand or request for sexual favours.
• Sexually-coloured remarks.
• Showing pornography.
• Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature.

The Act also treats creating a hostile or intimidating work environment as a form of sexual harassment.

• Bullying: persistent humiliation, name-calling, exclusion.
• Verbal abuse: shouting, insults, abusive language.
• Public humiliation in meetings or common areas.
• Manipulation: false performance reviews, withholding promotions.
• Workload abuse: unreasonable deadlines, isolation.
• Retaliation for raising concerns or whistleblowing.
• Forced resignation under duress.

• Caste-based harassment is also punishable under the SC/ST (Prevention of Atrocities) Act 1989.
• Disability-based harassment is also actionable under the Rights of Persons with Disabilities Act 2016.
• Religious harassment engages Article 25 of the Constitution alongside the general framework above.

POSH applies to every workplace with 10 or more employees, organised or unorganised, public or private, including hospitals, sports institutions, and domestic workers (§2(o)). The aggrieved woman need not be an employee — a customer, student, or patient can also file.

Every covered workplace must constitute an Internal Committee under §4, with at least four members, a senior woman employee as Presiding Officer, and a mandatory external member from a women's NGO or association familiar with POSH. Failure to constitute an IC is itself an offence under §26.

For workplaces with fewer than 10 employees, for complaints against the employer himself, and for women in the unorganised sector, the complaint goes to the Local Committee constituted by the District Officer under §6. A woman can also approach the LC if her workplace has not constituted an IC, or if she prefers not to approach it.

A complaint must normally be filed within 3 months of the incident, extendable by another 3 months for good reason (§9). The IC or LC completes the inquiry within 90 days (§11) and submits its report to the employer, who acts on it within 60 days.

POSH is a civil and administrative remedy. The same facts may also be a criminal offence under BNS 2023:

• §75 — sexual harassment (unwelcome sexual overtures, demands for favours).
• §74 — assault or use of criminal force to a woman with intent to outrage her modesty.
• §76 — assault with intent to disrobe.
• §77 — voyeurism.
• §78 — stalking.
• §79 — word, gesture, or act intended to insult a woman's modesty.

An IC inquiry and an FIR can run in parallel.

A woman can also file online through the SHe-Box portal (shebox.wcd.gov.in), run by the Ministry of Women and Child Development. The complaint is routed to the appropriate Internal or Local Committee and tracked online.

The IRC 2020 (in force from 21 November 2025) subsumes the old Industrial Disputes Act 1947 and the Industrial Employment (Standing Orders) Act 1946. Unfair labour practices are prohibited under §83 — these include interfering with employees' right to form unions, establishing employer-dominated unions, refusing to bargain collectively, and retaliating against employees for raising a dispute.

A workman aggrieved by unlawful termination, retrenchment without notice, or a forced resignation under duress can take the dispute to a Labour Court or Industrial Tribunal on reference by the appropriate Government under §53, with reinstatement and back-wages available as relief.

Each state's Shops and Establishments Act regulates working hours, weekly holidays, leave, and conditions of employment, and provides a penalty route for violations.

• Code on Wages 2019 — wage protection and gender pay parity.
• Maternity Benefit Act 1961 — protection for pregnant employees and new mothers.
• Rights of Persons with Disabilities Act 2016 — equal opportunity and non-discrimination.
• Whistle Blowers Protection Act 2014 — protection against retaliation for whistleblowing.

• Article 14 — equality before the law.
• Article 19(1)(g) — right to practise any profession.
• Article 21 — right to life and personal liberty, including dignity at the workplace (the constitutional root of the Vishaka guidelines).

• Date, time, and location of every incident.
• What was said or done.
• Names of witnesses present.
• Email, WhatsApp, Slack, or Teams screenshots.
• Performance-review changes and sudden negative feedback.
• HR and manager communication.

Audio or video recordings made by a person who is themselves a party to the conversation are generally admissible; Indian law on this is not settled by a single statute, so consult a lawyer before relying on a recording. Secret recordings of people who are not party to your conversation can attract BNS 2023 §77 (voyeurism) and the Information Technology Act, 2000.

Cloud backup (Google Drive, iCloud) plus a local copy, and an emailed copy to a family member. Print hard copies of the most important exhibits.

Note witness names and contact details. An independent verification by a colleague who has acknowledged the issue is especially useful.

If the harassment has caused stress, anxiety, depression, or any physical illness, obtain a diagnosis and medical certificate from a psychiatrist or physician. Counselling notes (e.g., from Tele-MANAS or a private therapist) are also admissible.

1. Day 0 — Document everything.
2. Day 1-7 — File with the Internal Committee (POSH) or Internal Grievance Committee (non-sexual).
3. Day 7 — Escalate to HR and senior management in writing.
4. Day 14 — Approach the Labour Commissioner or state Labour Department. Women in the unorganised sector, or where no IC exists, can approach the Local Committee.
5. Day 21 — Where a human-rights dimension exists, the NHRC or the State Human Rights Commission can be moved.
6. Day 30 — File an FIR under the relevant BNS sections; approach the Industrial Tribunal or Labour Court for termination-related relief.
7. Beyond 30 — High Court under Article 226 for systemic violations or where the statutory forum has failed.

Under §12 of the Legal Services Authorities Act 1987, free legal aid is available to:

• Women and children (income-independent).
• Members of SC/ST (income-independent).
• Persons with disabilities (income-independent).
• Senior citizens (income-independent).
• Victims of trafficking or mass disaster.
• Persons in custody.
• Persons whose annual income does not exceed the ceiling prescribed by the state (typically around ₹3 lakh; higher in some states).

Walk into the nearest District Legal Services Authority (DLSA) office, or apply through the State Legal Services Authority. NALSA (nalsa.gov.in) coordinates the scheme nationally. A panel lawyer is assigned, and representation is free until conclusion.

To: The Presiding Officer, Internal Committee
[Organisation Name]
[Address]

Sub: Complaint of workplace harassment under the POSH Act 2013.

I, [Name], employee ID _______, designation _______, submit the
following complaint against [Name and Designation of respondent]:

1. Pattern of conduct from DD-MM-2026 onwards (Annexures A to X).

2. Specific incidents:
   (a) DD-MM-2026 HH:MM - [description] (Annexure A - email/chat/witness).
   (b) DD-MM-2026 HH:MM - [description] (Annexure B).

3. Impact - psychological, professional, and medical (Annexure Y - medical
   records).

4. I raised the matter informally with [HR/Senior Manager] on DD-MM-2026
   without resolution (Annexure Z).

I request:
   (a) An inquiry within 90 days under §11 of the POSH Act.
   (b) Interim measures - transfer, separation, paid leave, or restraint
       orders under §12.
   (c) A finding and recommendation against the respondent.
   (d) Compensation for harassment-related losses under §15.

I request confidentiality and protection against retaliation under §16 of
the POSH Act.

Yours sincerely,
[Name, employee ID, contact]
DD-MM-2026

IN THE INDUSTRIAL TRIBUNAL
[State]

Reference No. _________ of 2026

[Employee Name]                             ... Workman

vs.

[Organisation Name]                         ... Management

REFERENCE UNDER §53 OF THE INDUSTRIAL RELATIONS CODE, 2020
(read with §83 - unfair labour practice)

[Pleadings - facts of unfair labour practice / unlawful termination /
forced resignation under duress, with prayer for reinstatement,
back-wages, and damages.]

Documents:
  Annexure A - appointment letter
  Annexure B - termination / forced-resignation letter
  Annexure C - pattern of harassment
  Annexure D - medical records
  Annexure E - witness affidavits

DD-MM-2026
[Employee Name]

Government departments, PSUs, and public-sector companies are “public authorities” under §2(h) of the RTI Act 2005. A private company is not, but its compliance with POSH and the IRC can be queried indirectly through the Labour Department.

To: The Public Information Officer
[State] Labour Department / WCD Department
[Address]

Sub: Application under §6(1) of the RTI Act 2005.

Please furnish the following information:

1. Whether [Organisation Name] has constituted an Internal Committee
   under §4 of the POSH Act 2013, and if so, the names and designations
   of the members.

2. The number of POSH complaints received, disposed, and pending against
   [Organisation Name] in the last 24 months.

3. Whether the organisation is registered under the IRC 2020 and the
   state Shops and Establishments Act, with current status.

4. The number of complaints filed under the IRC 2020 against the
   organisation and their status.

5. The name and contact of the Labour Officer / Conciliation Officer
   having jurisdiction over the area.

A reply is requested under §7(1) of the RTI Act within 30 days.

[Name, address, contact]
DD-MM-2026

Draft the application with the AI RTI Drafter or follow the step-by-step procedure in the RTI Playbook. See also the RTI Act 2005 guide.

• Vishaka and Others v. State of Rajasthan (1997) 6 SCC 241 — the Supreme Court laid down the original workplace sexual-harassment guidelines that POSH 2013 later codified.
• Apparel Export Promotion Council v. A.K. Chopra (1999) 1 SCC 759 — sexual harassment includes conduct short of physical contact; the right to a safe workplace is part of Article 21.
• Medha Kotwal and Others v. Union of India (2013) 1 SCC 297 — the Supreme Court directed effective implementation of the Vishaka guidelines and audited state compliance.

Yes. The IRC 2020, state Shops and Establishments Acts, BNS 2023 §351 (criminal intimidation), civil tort, and Article 21 of the Constitution together give a non-sexual harassment victim forums to complain to and relief to claim.

Approach the Local Committee at the district level under §6 of POSH, and report the absence of an IC to the Labour Department — failure to constitute one is itself an offence under §26.

Yes. Retaliation is prohibited under §17 of POSH and is an unfair labour practice under §83 of the IRC 2020. It can also support a separate FIR and a claim for additional damages.

A recording in which you are yourself a party to the conversation is generally admissible. Indian law on this is not settled by a single statute — consult a lawyer before relying on it. Secret recordings of people who are not party to your conversation may attract BNS §77 (voyeurism) and the IT Act, 2000.

Yes. An Industrial Tribunal or Labour Court on a reference under §53 of the IRC 2020 can set aside a resignation obtained under duress and order reinstatement with back-wages.

Yes. A civil suit for damages, an IRC complaint, or an IC recommendation under POSH §15 can all award medical expenses and compensation for mental anguish. Keep psychiatric and counselling records as proof.

File concurrently under the SC/ST (Prevention of Atrocities) Act 1989, the Rights of Persons with Disabilities Act 2016, or seek constitutional remedies under Articles 14, 15, and 21 in addition to the POSH or IRC route.

Both the contractor and the principal employer can be made parties — the IRC 2020 brings contract labour within its protective framework.

Yes. Central government employees are governed by the CCS (Conduct) Rules 1964 and approach the Central Administrative Tribunal; state government employees use the corresponding state services rules and the State Administrative Tribunal.

The Whistle Blowers Protection Act 2014 protects against retaliation. Sector-specific protections exist for SEBI-regulated entities and the banking sector.

Last reviewed: 17 July 2026.