Section 1 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 1 does three plain things: it gives the Act its name, it says the Act reaches the whole of India, and it leaves the start date to a notification of the Central Government. That notification fixed 9 December 2013. This article also walks through the long title, the three recitals of the preamble and the eight Chapters, so that the rest of the section-wise series has a map. If you need help working out how the Act applies to your organisation, our employment and labour law advisory team can walk through it with you.
Section 1 has three sub-sections. Sub-section (1) names the law as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Sub-section (2) says it extends to the whole of India. Sub-section (3) says it comes into force on the date the Central Government appoints by notification in the Official Gazette; footnote 1 of the copy consulted prints that date as 9 December 2013. It applies to every employer and workplace within the Act's definitions, in all eight Chapters.
Which text this article follows
This series follows the consolidated text of the Act consulted (it shows one amendment, Act 23 of 2016, with effect from 6 May 2016). Later amendments and notifications should be checked before you rely on the text. The 2016 change replaced the older names "Internal Complaints Committee" and "Local Complaints Committee" with "Internal Committee" and "Local Committee". We use the new names throughout. The copy still prints the older names in some places, such as the heading and sub-section (1) of section 4, the headings of Chapters II and III, and inside some definitions in section 2. Where we quote a heading or a definition, we quote it as printed.
The Act is Act No. 14 of 2013, and the copy prints the date "22nd April, 2013" under the title. That is the date of the Act itself. It is not the date from which the Act operates.
Sub-section (1): the short title
Sub-section (1) reads: "This Act may be called the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013." Every later article in this series uses that full name on first mention. In everyday HR language the Act is called the POSH Act, short for "Prevention of Sexual Harassment". The Act itself does not use that short form; it is a convenience.
Sub-section (2): the whole of India
Sub-section (2) says: "It extends to the whole of India." There is no carve-out for a State, a Union territory or a type of establishment in this sub-section. Who is covered is decided by the definitions of "workplace", "employer" and "employee" in section 2, which you can read in the first part of our section 2 series and the second part.
Sub-section (3): commencement by notification
Sub-section (3) says the Act comes into force "on such date as the Central Government may, by notification in the Official Gazette, appoint". The sub-section itself prints no date. Footnote 1 of the copy consulted gives it: "9th December, 2013, vide notification No. S.O. 3606(E), dated 9th December, 2013", published in the Gazette of India, Extraordinary. So the Act's start date is 9 December 2013, and the same date is printed as the date of the Rules notified under it.
| Sub-section | What it says | Detail in the copy consulted |
|---|---|---|
| (1) | The short title | Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 |
| (2) | Extent | The whole of India |
| (3) | Commencement | Date to be appointed by Central Government notification; footnote 1 prints 9 December 2013 |
The long title
The long title describes the Act as one "to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto". It tells you the three jobs of the Act: protection, prevention and a way of redressing complaints.
The three recitals of the preamble
The preamble has three "WHEREAS" recitals. In plain words they say the following.
- Sexual harassment violates a woman's fundamental rights to equality under articles 14 and 15 of the Constitution of India, her right to life and to live with dignity under article 21, and her right to practise any profession or carry on any occupation, trade or business, which includes a right to a safe environment in which there is no sexual harassment. (The copy has a printing slip here: it reads "business with includes a right", where the sense is "which includes".)
- Protection against sexual harassment and the right to work with dignity are universally recognised human rights under international conventions and instruments, such as the Convention on the Elimination of all Forms of Discrimination against Women, which the Government of India ratified on 25 June 1993.
- It is expedient to make provisions that give effect to that Convention for the protection of women against sexual harassment at workplace.
The enacting words then say the Act is made by Parliament "in the Sixty-fourth Year of the Republic of India". A preamble states the reasons and aims of a law. It is not a rule you can be penalised under, but it tells you how to read the sections that follow.
A map of the eight Chapters
The Act has 30 sections, grouped into eight Chapters. The headings below are as the copy prints them.
| Chapter | Heading | Sections |
|---|---|---|
| I | Preliminary | 1 to 3 |
| II | Constitution of Internal Complaints Committee | 4 |
| III | Constitution of Local Complaints Committee | 5 to 8 |
| IV | Complaint | 9 to 11 |
| V | Inquiry into complaint | 12 to 18 |
| VI | Duties of employer | 19 |
| VII | Duties and powers of District Officer | 20 |
| VIII | Miscellaneous | 21 to 30 |
Read in order, the scheme is easy to follow. Chapter I defines terms and states the prohibition. Chapters II and III set up the two bodies that receive complaints: the Internal Committee at the employer's own office (section 4) and the Local Committee at the district level (section 6). Chapter IV covers how a complaint is made and handled, and Chapter V what happens during and after the inquiry. Chapter VI lists what the employer must do, Chapter VII what the District Officer must do, and Chapter VIII covers reports, penalties, rule-making and similar matters.
An example
Meera runs a small design studio in a city in one State, and her cousin Anil runs a trading firm in another State. Both ask whether the Act applies to them. Sub-section (2) answers the first question for both: it extends to the whole of India. What they must actually do depends on the later sections, such as how many workers they have and whether a committee is needed. Neither can say that the Act is silent because their State has no separate notification, since sub-section (3) leaves commencement to one Central Government notification.
Where to go next
For the prohibition itself, see section 3. For a general introduction written for employers, see our introduction to the POSH Act, 2013 and our POSH Act compliance and inquiry guide.
Need help with POSH compliance for your organisation?
If you want a second pair of eyes on how the Act applies to your workplace, our team can map the provisions to your set-up and tell you what needs doing. Start with our employment and labour law advisory service and tell us the size and structure of your business.
Key takeaways
- Section 1 gives the short title, extends the Act to the whole of India and leaves commencement to a Central Government notification.
- Footnote 1 of the copy consulted prints the commencement date as 9 December 2013, with notification No. S.O. 3606(E).
- The long title names three jobs: protection, prevention and redressal of complaints.
- The preamble has three recitals, linking the Act to articles 14, 15 and 21 of the Constitution and to the 1993 ratification of the Convention.
- The Act has 30 sections in eight Chapters; the 2016 change of the Committees' names is shown in the footnotes.
Read next
- Section 2 of the POSH Act, 2013: aggrieved woman, employee, employer and domestic worker
- Section 3 of the POSH Act, 2013: prevention of sexual harassment and the five circumstances
- Section 4 of the POSH Act, 2013: constitution of the Internal Committee
- Supreme Court Vishaka Guidelines vs POSH Act
Disclaimer: Based on a consolidated text of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 showing one amendment (Act 23 of 2016, 6 May 2016) and on a copy of the Rules of 2013 as notified on 9 December 2013, as consulted on 2 October 2026. Later amendments, State rules and notifications, and the position under the Labour Codes in force from 21 November 2025 should be checked. This article is general information, not legal advice; check the official text before acting.