2 JANUARY 2020

Prevention Of Sexual Harassment & Abuse - Teachers & Students


In order to ensure schools are a safe place for both children and teachers and to prevent sexual assault and sexual harassment perpetrated against children or teachers, schools are required to mandatorily implement the following legislations:

  • Protection of Children from Sexual Offences Act, 2012 (POCSO Act)
  • Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act & Rules)

Compliances under POCSO

  • Penetrative/other sexual assault against children(a person < 18 years of age) by persons in the management/staff of an educational institution is punishable with imprisonment of 20 years extending upto the remaining life of the offender;
  • Obligation on any person with apprehension/knowledge of the likely commission of a sexual offence. to report to the police;
  • Failure to so report - punishable with imprisonment upto six months/ a fine/ both;
  • If a person-in-charge of an institution fails to report the commission of an offence by a subordinate under his control, the person-in charge is punishable with imprisonment;
  • Child protection safeguards to be implemented in schools - Child Protection Policy & expeditious complaints mechanism.

Compliances under POSH

  • Every employer (employing more than 10 employees) - to constitute an Internal Complaints Committee (ICC)- to address sexual harassment grievances of women employees;
  • ICC has jurisdiction over all types of employees - contract workers, part-time employees, interns, etc;
  • Employer to conduct annual sensitization/awareness workshop for all its employees to on healthy and safe workplaces for women;
  • Annual report to be filed with the labour commissioner regarding number of complaints received and addressed during the year;
  • Companies must include a section about POSH complaints in the included in the directors' responsibility statement, which forms a part of the company's annual report ;
  • Failure to comply with the POSH Act & Rules by an employer will attract a penalty of upto Rs. 50,000/-, imprisonment as well as withdrawal of applicable trade licenses;
  • In some states such as Telangana, Maharashtra the POSH ICC committee needs to be registered with the appropriate authority

A full service boutique law firm
On social networks
Pacta is a full-service boutique law-firm for the social and impact sector.

Pacta provides legal & company secretary services for the biggest philanthropies, family foundations, NGOs, CSR entities, public trusts, start-ups, social incubators/accelerators, schools & universities.
The Pulse is Pacta’s in-house periodic newsletter that carries legal updates for the social sector. We decrypt legalese into digestible, relevant & actionable content. In every issue, we pick a subject – a new law, amendment or judgement and contextualise it for non-profit founders and administrators.


Pacta upholds and strives to exceed the professional standards. This website is not an advertisement or solicitation of work. Legal information shared here are not and do not make up for professional legal advice. By visiting Pacta’s website you know what you are doing and you are doing it at your risk and cost. We disclaim any liability arising from the information or materials contained on this site.
Social | Impact | Legal
Copyright 2021 Pacta. Privacy Policy
New Version found. Installing.