Sexual Harassment Lawyer
POSH Act inquiries, Internal Committee briefings, complaints, defence and appeals — for complainants, respondents and employer organisations.
The POSH Act, 2013 created a mandatory civil-law mechanism inside every Indian workplace of 10 or more employees — and a parallel external route through the Local Committee. Shield Law Firm advises complainants who deserve a properly conducted inquiry, respondents accused on the strength of weak or motivated complaints, and employer organisations that need POSH machinery that actually works (not just on paper). We run Internal Committee inquiries where briefed, and appear in Section 18 appeals before the Industrial Tribunal / Labour Court.
Key laws & sections
- Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)
The principal statute — defines sexual harassment, mandates Internal Committee, prescribes inquiry procedure, time-limits and remedies.
- POSH Rules, 2013 & Section 11 (inquiry procedure)
The procedural code — 90-day inquiry timeline, conciliation option (Section 10), inquiry report timeline (Section 13) and confidentiality (Section 16).
- Section 18 POSH Act — Appeal
Appeal against IC findings or recommendations to the Industrial Tribunal / Labour Court within 90 days. We file and defend appeals on both sides.
- Bharatiya Nyaya Sanhita — Sections 74, 75, 76 & 79
Parallel criminal provisions for assault / use of criminal force / outraging modesty / sexual harassment — invoked where the conduct crosses the criminal threshold.
- Vishaka v. State of Rajasthan (1997) & Aureliano Fernandes (2023)
The constitutional foundation and the recent Supreme Court reaffirmation of strict POSH compliance — including district-level Local Committees and oversight on under-resourced ICs.
How we run the matter
- 1Intake — complainant or respondent
Conflict-of-interest checks first. We act for one side per organisation. Complainant intake: timeline of incidents, contemporaneous evidence, witnesses, prior complaints. Respondent intake: complaint copy, IC notice, response timeline.
- 2IC notice response & evidence assembly
Written response within the IC notice window (typically 10 working days), with documentary evidence — chats, emails, attendance records, room booking logs. Witness list with brief witness summaries.
- 3Inquiry attendance
We brief the party (and their authorised companion under Section 11(3)) before each IC sitting, attend in advisory capacity where the IC permits, and take detailed notes for cross-examination preparation.
- 4Cross-examination & inquiry report
Cross-examination of opposite party and witnesses on inconsistencies, contemporaneous evidence and motive. Submissions on each Section 11 stage finding before the IC concludes.
- 5Section 18 appeal
On adverse IC findings or recommendations, we file Section 18 appeal before the Industrial Tribunal / Labour Court within 90 days. Where the IC procedure was vitiated (no notice, no hearing, no opportunity), we move the High Court under Article 226.
A partner reviews every WhatsApp personally. No call centres, no junior triage.
WhatsApp +91 7982715470Why Shield for this
- Both sides represented (separately). We act for complainants in well-founded matters and for respondents in questionable ones. Each side, separately. That balance keeps our drafting honest and our cross-examination realistic.
- POSH compliance setup for employers. Recent in-house POSH overhaul for a mid-size SaaS company — IC reconstitution with external member, fresh training, written SOP, anonymous reporting channel and an annual compliance report; inquiry-readiness audit conducted before any complaint arrived.
- Section 18 appeal experience. Successful appeal against an IC report that had been written without recording the respondent’s cross-examination of the complainant — Tribunal set aside the report and remanded for fresh inquiry on natural-justice grounds.
- Confidentiality discipline. POSH matters are statutorily confidential under Section 16. We treat them that way — no juniors briefed loosely, no chambers discussion, no group-chat updates.
Questions clients ask first
I’ve been sexually harassed at work. Should I go to the IC or to the police?+
Both routes are open and not mutually exclusive. POSH IC inquiry produces civil consequences (transfer, suspension, dismissal, monetary relief) within 90 days. BNS Sections 75 / 79 produce criminal consequences but take 1–3 years. We typically file POSH first (faster) and FIR in parallel where the conduct includes assault or extortion.
I’ve been falsely accused under POSH. What are my options?+
First, full participation in the IC inquiry — boycotting it usually goes against the respondent. We file a detailed written response with documentary evidence and request to cross-examine the complainant and witnesses. Where the complaint is shown to be malicious, Section 14 POSH Act allows the IC to recommend action against the false complainant.
Our company has 30 employees. Do we really need an Internal Committee?+
Yes — POSH applies to every workplace with 10 or more employees, regardless of sector. Non-constitution attracts a fine and reputational consequences. We help set up a properly composed IC (Presiding Officer who is a senior woman employee, half women members, one external member from an NGO with women-rights expertise), with policy, training and an annual compliance report.
Mention “Sexual Harassment” when you message us — it routes straight to the partner who runs this practice.
Other rooms in this wing
All practice areas →Corporate Lawyer
Incorporation, contracts, shareholder disputes, oppression & mismanagement, NCLT and corporate compliance for founders and growing companies.
CorporateMediation & Arbitration Lawyer
Section 9, 11 and 34 arbitration work, institutional and ad-hoc tribunals, mediation under the 2023 Act, and enforcement of awards.
CorporateMedia & Broadcasting Lawyer
Defamation, takedowns, IT Rules 2021 grievances, broadcasting compliance, content moderation and journalist-source protection.