- Introduction
The enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) marked a watershed moment in India's pursuit of safer, more equitable workplaces. It mandates clear preventive and remedial mechanisms to address sexual harassment, anchoring the principles of dignity, equality and non discrimination within organizational frameworks. However, over a decade since its passage, compliance with the POSH Act remains uneven, often limited to formalistic adherence without institutional commitment. Given the continuous challenges on the ground, there is an imperative need to understand the requirements and roadblocks and tools to overcome them. 1
- Legal Mandate: Minimum Compliance
The statute mandates organizations with ten or more employees to implement several measures. This should be given due priority and cannot be taken lightly.
Anti-Sexual Harassment Policy: Draft and adopt a detailed policy defining sexual harassment, outlining complaint procedure, consequences and affirming a zero-tolerance stance. This policy should be easily accessible, possibly integrated into employee handbook, onboarding processes and internal portals. Employers are obligated to display it conspicuously and can even be placed on notice boards, particularly in manufacturing operations.
Internal Committee (IC): Constitute an IC to address complaints. The committee must consist of at least 4 members, with a senior woman employee as presiding officer, 2 other employees and one external member familiar with legal or social issues. A minimum of 50% members must be women.
Training & Awareness: Employers must conduct regular awareness sessions and provide capacity-building training to employees and IC members respectively. The latter should be equipped to handle investigations with sensitivity, legal accuracy, and must remain updated with evolving jurisprudence under POSH.
Annual Reporting: Submit an annual report detailing complaints received, resolved, and pending, along with the organization's initiatives for training and awareness. This ensures institutional transparency and accountability.
- Roadblocks in Implementation
While many organizations have followed the letter of the law, the spirit of the law is often compromised by practical and cultural challenges within the workplace. Some of these are highlighted below.
Policy Gaps and Legalese: Many POSH policies are generic, often reproductions of statutory text that lack contextual relevance. They remain inaccessible to employees due to legalese or poor dissemination.
Awareness Deficit: A significant portion of the workforce, particularly in informal sectors or non-metro regions, remains unaware of their rights or the procedure for redressal. Even in formal settings, discussions around sexual harassment continue to carry stigma, reducing reporting rates. Deep-rooted taboos surrounding discussions on gender and sexuality continue to impede effective implementation.
Power Dynamics and Fear of Retaliation: Hierarchical imbalances often deter complainants, particularly when the alleged harasser holds authority. Concerns about career setbacks, victim-blaming can be discouraging.
Weak Internal Committees: Poorly constituted ICs which lack diversity, sensitivity, or training can undermine credibility and trust. Delays, procedural lapses, or biased decision-making further erode faith in the redressal mechanism.
Tick-Box Compliance: Some organizations view POSH mandates as mere formality. ICs are sometimes constituted reactively i.e., only upon receiving a complaint.
Confidentiality Breach: This is a serious challenge undermining the effective implementation of POSH. Confidentiality is of paramount important during or after the inquiry process. However, in practice, sensitive details of complaints and proceedings, often leak through informal channels or deliberate disclosures, leading to reputational harm by the undue gossip. Such breaches not only deter victims from coming forward but also compromise the credibility and perceived neutrality of the IC.
- Toward Meaningful Implementation
While structural compliance is the bedrock, cultural transformation is key to POSH Act's success. Organizations can take several steps to ensure adherence with the letter and spirit of the law.
Effective IC Formation: The IC is not only a grievance redressal body but also plays a preventive and educational role. IC members should be chosen with care, ensuring representation from across departments, genders and roles. Regular and specialized training must be provided to equip IC with legal tools needed to handle sensitive cases. Empathy, neutrality, and procedural integrity are essential.
Tailored POSH Policy: A good policy should be clear, organization-specific and rooted in the practical realities of the workplace. It should include definitions, responsibilities of stakeholders, complaint and appeal processes, interim measures, potential consequences, and confidentiality protocols. Adherence with policy should be mandated as part of the code of conduct and cogent consequences must be highlighted for deviation.
Continuous Sensitization: One-time workshops are insufficient. Organizations should conduct biannual interactive sessions, using hypotheticals, case studies, and encourage constant dialogue. These sessions should engage stakeholders at all levels.
Ensuring Confidentiality: This should be non-negotiable. Breach of confidentiality can irreparably damage trust in the redressal system. Policies should clearly define consequences for violations and implement when breach occurs.
Institutional Accountability: It is no longer enough for organizations to pay lip service to zero-tolerance policies, leadership must walk the talk.
- Ensure compliance, not only by constituting an IC but also by ensuring its independence.
- Assure employees that their concerns will be heard, investigated, and acted upon while maintaining the highest standards of confidentiality and procedural fairness.
- Ensure POSH awareness sessions are customized for remote sites, blue-collar segments and are conducted in local languages to ensure inclusivity.
- Regular internal audits, anonymous feedback mechanisms, and protected reporting are essential tools for enforcing accountability, not just on paper, but in practice.
- Conclusion
The POSH Act goes beyond legal compliance, it embodies the fundamental right to a safe and respectful workplace. However, its purpose is often diluted by superficial implementation. True compliance demands proactive leadership, empowered ICs and a culture where employees feel heard and protected.
It is not enough to follow the law in form; organizations must embrace it in spirit. This means integrating POSH into daily practices, fostering trust, and holding all stakeholders accountable. When seen as a tool for cultural change rather than a regulatory burden, the POSH Act can drive meaningful progress toward workplaces grounded in dignity, safety, and equality
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
