Understanding the Scope of the PoSH Act

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act) was enacted to provide a safe and secure working environment for women. While traditionally workplace laws focused mainly on employees under formal contracts, the PoSH Act deliberately takes a broader approach. It defines "aggrieved woman" in Section 2(a) to include any woman, irrespective of whether she is employed or not, who alleges to have faced sexual harassment at the workplace.

This wide definition ensures that protections are not limited to employees alone, but also extend to interns, visitors, clients, customers, domestic workers, and even vendors who interact with an organization in a workplace context. Thus, the Act covers a wide range of working relationships beyond employer–employee contracts.

Why Protection of Non-Employees is Significant

In modern workplaces, a large part of professional interactions involve non-traditional workers such as freelancers, consultants, contract workers, and interns. Vendors and service providers frequently visit offices, and interns often work alongside employees without formal employment agreements. Without adequate legal safeguards, these groups could be vulnerable to harassment, with no clear recourse under traditional labour laws.

By extending coverage to non-employees, the PoSH Act recognizes:

• Workplace realities where multiple categories of individuals collaborate.
• Power imbalances that may expose women to harassment even outside formal employment.
• The need for a holistic workplace safety framework that protects dignity and equality for all women engaging with an organization.

Legal Framework under the PoSH Act, 2013

Broad Definition of “Aggrieved Woman” under Section 2(a)

One of the most progressive features of the PoSH Act is the expansive definition of “aggrieved woman” under Section 2(a).

• It states that an aggrieved woman can be “in relation to a workplace, a woman of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment.”
• This means employment status is irrelevant; protection is available to every woman present at a workplace, even if she has no formal contractual relationship with the employer.
• Thus, the Act clearly establishes that safety is linked to the workplace environment, not merely to employer–employee contracts.

Coverage of Non-Traditional Workplace Participants

The wide definition naturally extends PoSH Act safeguards to various non-traditional workplace participants, such as:

• Interns and trainees (paid or unpaid, students on training assignments).
• Consultants and freelancers engaged temporarily with the organization.
• Vendors, suppliers, and service providers who visit or interact with employees in the workplace.
• Visitors, clients, and customers present in the workplace for official purposes.
• Domestic and household workers in cases where the workplace is a household.

This inclusive approach reflects the diversity of modern work arrangements, ensuring no category of woman is left unprotected.

Responsibilities of Employer Towards Third Parties

The PoSH Act imposes specific obligations on employers and organizations to maintain a safe environment not just for employees but also for third parties. Key responsibilities include:

• Prevention – Creating awareness programs, displaying anti-sexual harassment policies, and ensuring sensitization workshops include interns, visitors, and contract workers.
• Redressal – Allowing non-employees to file complaints before the Internal Committee (IC) if harassment occurs within the workplace.
• Accountability – Taking disciplinary action against perpetrators (employees or others) and cooperating with external agencies if the accused is not directly under organizational control.
• Safe workplace assurance – Extending dignity and equal protection to all women interacting with the organization.

By placing these duties, the Act reinforces that a workplace must be safe for every woman, whether she works there permanently or only engages occasionally.

Application to Interns and Trainees

Paid and Unpaid Interns

• The PoSH Act, 2013 extends protection not only to permanent employees but also to interns and trainees, whether paid or unpaid.
• Section 2(a) defines “aggrieved woman” broadly to include any woman “employed at a workplace for any work, on a regular, temporary, ad hoc or daily wage basis, either directly or through an agent, with or without the knowledge of the principal employer, whether for remuneration or not.”
• This explicit phrasing ensures that even unpaid interns, volunteers, and temporary trainees fall under the ambit of the law.
• Thus, whether an intern is receiving a stipend or is working voluntarily, she is entitled to the same protection as regular employees.

Student Interns in Academic Institutions

• Many academic institutions require students to undergo internships or field training as part of their curriculum.
• The PoSH Act covers such student interns, since the Act applies to workplaces in a broad sense—including educational institutions, hospitals, training centers, NGOs, and professional firms.
• Section 2(o) (definition of workplace) includes “any place visited by the employee arising out of or during the course of employment, including transportation provided by the employer.”
• This means that students interning as part of academic programs are equally protected against sexual harassment during their internship.
• For instance, if a student interning in a law firm, hospital, or corporate office faces harassment, she can approach the Internal Committee (IC) of that organization for redressal.

Judicial Stance on Protection of Interns

• Indian courts have taken a progressive interpretation of the PoSH Act, stressing its social welfare objective.
• Although no Supreme Court ruling specifically on interns exists yet, several High Courts have reinforced the inclusive scope of “workplace” and “employee”:
  • Saurabh Kumar Mallick v. Comptroller & Auditor General of India (2008) – Delhi High Court emphasized that workplace should be interpreted broadly to ensure no woman is left without protection.
  • Dr. Punita K. Sodhi v. Union of India (2010) – reiterated that the spirit of Vishaka Guidelines is to safeguard all women, including those who may not fit into the narrow definition of “employees.”
• These precedents strengthen the argument that interns and trainees, irrespective of employment status, are protected.

Application to Vendors, Consultants, and Contract Workers

Vendors and External Service Providers Visiting Workplace

The PoSH Act does not confine its protection to only direct employees of an organization. Vendors, suppliers, or delivery staff who visit the workplace in the course of their professional duties are also entitled to protection if subjected to harassment. For example, if a vendor delivering office supplies faces inappropriate comments or unwelcome conduct, the Internal Committee (IC) of the workplace is obligated to address the complaint. This ensures that every woman, irrespective of her employment relationship, feels secure when interacting with the workplace.

Freelancers and Consultants Engaged in Projects

Modern workplaces often engage consultants or freelancers who may not be on the company’s payroll but are still closely involved in its projects. The law recognizes their vulnerable position and extends coverage under the definition of an “aggrieved woman.” Organizations must treat complaints from such professionals with the same seriousness as those from full-time employees. Importantly, the engagement terms (contractual or otherwise) do not limit their right to protection under the Act.

Contractual Staff Deployed by Third-Party Agencies

Many organizations outsource housekeeping, security, or technical services through third-party contractors. The women deployed by such agencies, while technically employed by the contractor, are functionally part of the workplace ecosystem. The PoSH Act clearly requires the principal employer to ensure their safety and provide access to grievance redressal through the IC. Even if the harassment is caused by an employee of the third-party agency, the host organization may be held responsible for not providing a safe working environment.

Key Judicial Precedents and Case References

Supreme Court Interpretations of Workplace Scope

The Supreme Court has consistently broadened the meaning of workplace under sexual harassment law. In the Vishaka v. State of Rajasthan (1997) case, the Court laid down guidelines recognizing that harassment can occur in any professional environment, whether formal or informal. Later, in Medha Kotwal Lele v. Union of India (2012), the Court reiterated the need for strict compliance with Vishaka Guidelines and emphasized that institutions, both public and private, are duty-bound to provide mechanisms for redressal. These rulings laid the foundation for the PoSH Act, extending protection beyond conventional employer–employee boundaries.

High Court Rulings on Coverage of Non-Employees

High Courts have also played a critical role in clarifying the Act’s applicability to non-employees:

• Saurabh Kumar Mallick v. Comptroller & Auditor General of India (Delhi HC, 2008): The Court expanded the definition of workplace to include not just the physical office but also places visited in the course of employment.
• Ayesha Khatun v. State of West Bengal (Calcutta HC, 2016): The Court highlighted that even contractual and temporary workers are entitled to protection under the law, as their work environment is within the employer’s control.
• Dr. Punita K. Sodhi v. Union of India (Delhi HC, 2010): It was held that sexual harassment complaints are maintainable even when raised by ad hoc and probationary employees, reinforcing non-discrimination in protection.

Landmark Cases Strengthening Non-Employee Protection

Several cases have directly addressed the rights of interns, consultants, and contract workers:

• Shanta Kumar v. Council of Scientific and Industrial Research (Delhi HC, 2018): The Court emphasized that PoSH protection extends to all women working in connection with a workplace, irrespective of hierarchy or employment status.
• Vishaka Guidelines’ continuing relevance: Even after the enactment of PoSH Act, courts continue to rely on Vishaka principles to ensure wider coverage for vulnerable categories, including students, research scholars, and part-time staff.
• Case studies on domestic workers and volunteers: Courts have upheld that protection under the Act is not restricted to salaried employment, thereby extending coverage to women engaged in informal and voluntary roles.

Challenges in Implementation

While the PoSH Act, 2013 provides broad coverage to interns, vendors, consultants, and other non-employees, its practical implementation often faces challenges. These difficulties stem from structural gaps, jurisdictional complexities, and accountability issues in cases involving third parties.

Lack of Clarity in Complaints Against External Parties

• Grey areas in reporting – When harassment occurs between an employee and an external party (such as a vendor or visitor), it is unclear at times whether the responsibility lies with the victim’s employer, the harasser’s employer, or both.
• Absence of direct control – Unlike employees, external persons are not under the administrative control of the workplace, making disciplinary action less straightforward.
• Practical difficulties – For example, if a delivery partner or contractual worker commits harassment, the internal committee of the primary workplace may not have legal authority to impose employment-related penalties.

Issues of Jurisdiction and Accountability

• Overlapping responsibilities – Both the employer engaging the services and the organization of the external party may be responsible, leading to jurisdictional confusion.
• Multiple workplaces – Vendors, consultants, and gig workers often work across different locations, making it unclear which Internal Committee has jurisdiction.
• Accountability gaps – Since PoSH compliance is mandatory for employers, but not always directly enforceable against independent third parties, victims may face hurdles in seeking redressal.

Balancing Employer Control and Third-Party Behaviour

• Limited authority over outsiders – Employers are obligated to ensure a safe workplace but cannot exercise the same level of disciplinary control over non-employees as they do over their own staff.
• Risk of overreach – Overstepping into regulating third-party behaviour may cause conflicts with contractual independence or agency agreements.
• Need for collaborative safeguards – Employers must rely on preventive measures, such as contractual clauses, vendor compliance policies, and joint accountability mechanisms, to balance rights and responsibilities.

Best Practices for Employers

To address the challenges in implementing the PoSH Act with respect to non-employees such as interns, vendors, and consultants, employers must go beyond legal compliance and adopt proactive measures. These best practices strengthen workplace safety and ensure that third-party interactions are also governed by dignity and respect.

Policy Inclusion of Non-Employees in PoSH Framework

• Explicit coverage in policy – Employers should clearly mention in their PoSH policy that protection extends to interns, vendors, consultants, clients, delivery partners, and other non-employees.
• Clear reporting channels – Policies must lay down procedures for third parties to report complaints (including access to the Internal Committee).
• Contractual obligations – Employers can include compliance clauses in agreements with vendors, requiring adherence to PoSH guidelines.

Vendor and Intern Sensitization Programs

• Awareness sessions – Regular orientation and training programs should include interns, consultants, and vendor staff to make them aware of workplace behaviour expectations.
• Equal participation – Interns and third-party workers should not be excluded from awareness drives, as lack of knowledge may discourage them from reporting incidents.
• Cultural sensitivity – Training should address diversity issues, gender sensitivity, and the power dynamics often seen in intern-supervisor or client-vendor relations.

Collaboration with Partner Agencies for Compliance

• Shared responsibility – Employers should coordinate with staffing agencies, contractor firms, or partner organizations to establish mutual accountability in handling harassment complaints.
• Standardised protocols – Joint mechanisms for reporting and inquiry can help avoid jurisdictional confusion in cases involving multiple employers.
• Periodic audits – Collaborative compliance checks with vendors and partner agencies ensure that preventive measures are being implemented uniformly.

Conclusion

Inclusive Scope of PoSH Act

The PoSH Act, 2013, though originally designed to safeguard women employees, has a wider spirit—it seeks to ensure dignity, equality, and respect for all women present in a workplace, including non-employees such as interns, vendors, consultants, and visitors. By recognizing their vulnerability in professional settings, the Act moves closer to its goal of creating harassment-free spaces beyond just formal employer-employee relationships.

Importance of Proactive Employer Policies

While the legislation sets the minimum standard, the real impact depends on how effectively employers implement its provisions. Proactively including non-employees within workplace policies, offering safe grievance redressal systems, and extending training initiatives demonstrate organizational commitment towards inclusivity. Such measures also help mitigate legal and reputational risks for employers.

Towards Safer Workplaces for All Stakeholders

Building a truly safe workplace requires a cultural shift where respect and accountability are embedded into organizational practices. When employers, employees, interns, vendors, and partner agencies collectively uphold the principles of the PoSH Act, workplaces transform into secure and equitable environments. In the long run, this fosters trust, productivity, and a healthier professional ecosystem for all stakeholders.

FAQs (Frequently Asked Questions)

1. Can an unpaid intern file a PoSH complaint?

   Yes. The PoSH Act defines an "aggrieved woman" broadly to include interns, trainees, and even volunteers, regardless of whether they receive a stipend.

2. Does PoSH apply to vendors visiting office premises?

   Yes. Vendors, suppliers, or service providers who enter the workplace are protected under the Act, as harassment occurring within workplace premises falls within its scope.

   Ongoing Enrollments:

   • Certificate Course in Labour Laws
   • Certificate Course in Drafting of Pleadings
   • Certificate Programme in Train The Trainer (TTT) PoSH
   • Certificate course in Contract Drafting
   • Certificate Course in HRM (Human Resource Management)
   • Online Certificate course on RTI (English/हिंदी)
   • Guide to setup Startup in India
   • HR Analytics Certification Course

3. How can external consultants seek redressal?

   External consultants engaged by a company can approach the Internal Committee (IC) of the organization where the incident took place. If no IC exists, they can approach the Local Committee set up by the District Officer.

4. Are clients and customers covered under PoSH?

   Yes. If harassment occurs at the workplace or during official interactions (e.g., meetings, site visits), clients/customers can be treated as perpetrators, and complaints can be filed against them.

5. Can women working in shared office spaces file a complaint?

   Yes. Coworking spaces are considered workplaces under PoSH. The managing entity of the space must ensure compliance and provide a proper redressal mechanism.

6. What happens if harassment is by a third-party outside office premises?

   If harassment occurs in a work-related context (e.g., travel, official events, client sites), the IC still has jurisdiction. Employers must take steps to support the complainant and escalate the matter appropriately.

7. Do housekeeping staff or contract workers come under PoSH?

   Yes. Contractual employees, housekeeping, security, and support staff are explicitly covered by the Act and can file complaints with the IC.

8. Can male employees file complaints under PoSH?

   No. The Act is gender-specific and applies only to women. However, many organizations have internal gender-neutral policies for fairness, even though PoSH itself is limited to women.

9. Is an employer liable if harassment is by an outsider (e.g., delivery agent)?

   Yes, to an extent. Employers must take reasonable steps to prevent and address harassment by third parties. They must also support the aggrieved woman in filing complaints with appropriate authorities.

10. What should non-employees do if the organization has no IC?

    They can approach the Local Complaints Committee (LCC) constituted by the District Officer, which addresses complaints from women where the employer has not constituted an IC or where the respondent is an employer.