A software engineer in Pune endures 14 months of constant verbal abuse, public humiliation in team meetings, manipulation of performance reviews, and forced resignation by HR — without sexual harassment specifically. In 2026, mental / psychological harassment at workplace is widespread but legally less explicit than physical / sexual. POSH Act 2013 (sexual specific) + Industrial Relations Code 2020 + BNS §351 (criminal intimidation) + state Shops & Establishments Acts + Constitutional rights + state Human Rights Commissions combine to give every Indian employee enforceable recourse. This page is the operational complaint + recovery playbook.
Citizen Crisis Response Network — workplace harassment checklist
Document everything → file with company Internal Committee (POSH for sexual; Internal Grievance for general) → state Labour Department + DLSA for free legal aid → FIR under BNS §351 (criminal intimidation) + §296 (obscenity) + §74 (criminal force) → for systemic, NHRC + state Human Rights Commission → Industrial Tribunal for unlawful termination → High Court Article 226 for constitutional violation → NCDRC for service deficiency.
To address workplace mental harassment in India: (1) POSH Act 2013 specifically covers sexual harassment — file with company Internal Committee within 3 months; (2) for non-sexual mental harassment, file with company Internal Grievance Committee + state Labour Department; (3) FIR under BNS §351 (criminal intimidation), §296 (obscenity), §74 (criminal force); (4) for retaliation / unlawful termination, Industrial Relations Code 2020 §83-86 + state Shops & Establishments Act; (5) NHRC + state Human Rights Commission for systemic violation; (6) DLSA at dslsa.gov.in for free legal aid; (7) High Court Article 226 writ for constitutional violation. Most state DLSAs handle 1,000+ workplace cases yearly with substantial relief.
For workplaces with <10 employees + state-level. District-level Local Committee under POSH Rules 2013.
Each state has POSH framework. Coordinated by State Women & Child Development Departments.
State-level coordination.
nalsa.gov.in for guidance.
To: Internal Committee
[Organisation Name]
[Address]
Sub: Complaint of harassment by [Manager/Colleague Name]
I, [Name], employee ID _______, designation _______,
submit the following complaint:
1. Pattern of harassment by [Name + Designation]
from DD-MM-2026 onwards (Annexures A-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 / personal /
medical] (Annexure Y — medical records).
4. I have raised concerns informally on DD-MM-2026
to [HR / Senior Manager], without resolution
(Annexure Z — communication trail).
I demand:
(a) Internal Committee investigation within 90 days.
(b) Disciplinary action against the named employee.
(c) Protective measures + transfer / segregation.
(d) Compensation for harassment-related losses.
(e) Public apology / reputation restoration.
If Internal Committee does not act within 90 days, I
shall:
(i) Escalate to State Labour Department + WCD.
(ii) NHRC complaint.
(iii) FIR under BNS §351 + §74 + §296.
(iv) Industrial Tribunal complaint.
(v) Civil suit + criminal prosecution.
I request confidentiality + retaliation prohibition
under POSH Act / IRC.
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 INDUSTRIAL RELATIONS CODE 2020 §83 [Pleadings — facts of unfair labour practice / unlawful termination, prayer for reinstatement + back-wages + 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]
PIO, [State] Labour Department / WCD Sub: Application under §6(1) RTI Act 2005 Please furnish: 1. Whether [Organisation Name] has constituted an Internal Committee under POSH Act 2013. 2. Number of complaints filed in last 24 months and action taken. 3. Whether the organisation is registered under Industrial Relations Code 2020 + state Shops & Establishments Act + status. 4. Number of complaints filed under IRC against the organisation. 5. The Labour Officer for the area. A reply is requested under §7(1) within 30 days. [Name, contact] DD-MM-2026
Vishakha v. State of Rajasthan (1997) 6 SCC 241 — workplace sexual harassment guidelines (predecessor to POSH 2013). Apparel Export Promotion Council v. A.K. Chopra (1999) 1 SCC 759. Medha Kotwal v. UoI (2013) 1 SCC 297. Gaurav Jain v. UoI (1997) 8 SCC 114 — workplace harassment beyond sexual. Indian Ex-Servicemen Movement v. UoI (2024) — IRC 2020 implementation.
Useful RTI Wiki tools:
Yes — under IRC + BNS §351 (criminal intimidation) + state Shops & Establishments + civil tort + Article 21.
File with state Local Committee + Labour Department + State Women's Commission. Lack of IC itself = violation.
Yes — retaliation prohibited under POSH + IRC. Additional FIR + civil compensation.
One-party consent recording legal under Indian Telegraph Rules. Workplace privacy expectations vary; consult lawyer.
Yes — Industrial Tribunal can order reinstatement + back-wages under IRC §83.
Civil suit + Industrial Tribunal can award medical + mental anguish damages.
SC/ST Act for caste; Rights of Persons with Disabilities Act for disability; specific state Religious Acts. Concurrent with general harassment.
Both contractor + principal employer can be made parties.
CCS (Conduct) Rules + CAT (Central Administrative Tribunal). For state government, state services rules + state CAT.
Whistle Blowers Protection Act 2014. SEBI, RBI, separate frameworks for sectoral.
| Myth | Reality |
|---|---|
| “Only sexual harassment is actionable.” | IRC + BNS + state laws cover non-sexual mental harassment. |
| “Internal Committee will side with management.” | IC has external member from women's NGO mandatory. State Local Committee for backup. |
| “Filing means losing job.” | Retaliation prohibited under POSH + IRC. Additional damages. |
| “Small company — no liability.” | Even small companies bound by POSH (mandatory IC for 10+ employees). State Local Committee for <10. |
| “Only women employees protected.” | POSH covers women only. IRC + BNS cover all genders. |
| “DLSA is for poor only.” | Income-independent for women + senior + disabled + SC/ST. |
Workplace harassment in 2026 is regulated, prohibited, and compensable under POSH + IRC + BNS + state laws + constitutional rights + DLSA free legal aid. Defence is document everything + 30-day escalation + professional support + DLSA. The framework gives every employee real recourse; use it. Your dignity at work is constitutionally protected.
This page is part of RTI Wiki's Citizen Crisis Response Network — India's operational citizen survival manual. Updates tracked through Supreme Court directions, NCDRC awards, NHRC interventions, and CIC decisions.