Workplace safety is not merely a statutory mandate, rather a cornerstone of dignity, equality, and inclusivity. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("POSH Act") protects every woman's right to a secure working environment, irrespective of her role, designation, or employment status. The POSH Act protects women in permanent, temporary, ad hoc, or daily wage positions, as well as contract staff, interns, trainees, and even visitors to the workplace.
Yet, more than a decade since its enactment, compliance has often been inconsistent. Internal Complaints Committees ("ICCs") are still missing in several establishments, awareness is patchy, and mechanisms in the unorganised sector remain underdeveloped. Against this backdrop, the Supreme Court's recent intervention in Aureliano Fernandes v. State of Goa, Miscellaneous Application Diary No(S).22553/2023, coupled with proactive measures by state governments, marks a decisive shift toward institutionalising and strictly enforcing POSH compliance across the country.
Supreme Court's Reinforcement: Compliance Cannot Be Optional
On 12 August 2025, the Supreme Court, in Aureliano Fernandes v. State of Goa, Miscellaneous Application Diary No(S).22553/2023, emphatically reiterated that implementation of the POSH Act cannot remain a formality, but is a statutory duty, enforceable through structured oversight. The bench of Justices B.V. Nagarathna and K.V. Viswanathan directed labour authorities across states to actively verify whether ICCs have been constituted in organizations and to establish a structured reporting chain from district labour officers to state chief secretaries, for presenting compliance data before the Court.
This judgment builds on the Court's earlier ruling in Initiatives for Inclusion Foundation v. Union of India, (2024(1) SCC 779) where District Officers were instructed to maintain establishment lists falling under Section 2(o) of the Act. By operationalising data collection and oversight, the Court has ensured that compliance becomes measurable, auditable, and enforceable.
Defining the Workplace: Closing the Gaps
The Court also reiterated the expansive definition of "workplace" under Section 2(o), which includes not only traditional offices but also hospitals, sports institutes, government departments, and any place an employee visits in the course of employment. For smaller entities with fewer than 10 (ten) workers, Section 6 of the POSH Act mandates the creation of local committees at the district level to provide redressal. Not only this, but workplace also includes dwelling places, and houses.
This reiteration reinforces the principle that every professional or work-related space falls within the ambit of protection, and ensure no woman is left without recourse.
Penalties and Enforcement
The Court drew attention to Section 26 of the POSH Act, which prescribes penalties of up to INR 50,000 (Indian Rupees Fifty Thousand) for failure to constitute ICCs or for other non-compliances with the Act. Repeat offences may attract doubled fines and even cancellation of licences or registrations of establishments. By reiterating these punitive measures, the Court has re-emphasised that non-compliance by employers may lead to them facing tangible legal and financial consequences, including reputational risks. Accordingly, employers must refrain from treating such compliances casually.
Technology in Enforcement: The Role of SHe-Box
The Court further directed states to ensure that compliance data be uploaded onto the SHe-Box portal, a centralized digital platform maintained by the Ministry of Women and Child Development. SHe-Box functions both as an online complaint mechanism for women and as a monitoring tool for authorities. Its integration into compliance frameworks underlines the increasing reliance on technology-driven oversight to strengthen accountability.
Strengthening Compliance through State-Level Interventions
While judicial directions provide the overarching mandate, effective enforcement of the POSH Act ultimately lies with state governments. In recent months, several states have taken significant steps to institutionalise compliance:
Karnataka (2025): In January 2025, the Karnataka government issued a comprehensive circular mandating all government-owned companies, boards, corporations, and autonomous bodies to establish ICCs, not just at the head office level, but also across divisional and sub-divisional offices. The circular prescribes the proper composition of ICCs, requires visible display of anti-harassment policies, mandates regular awareness programmes, and classifies sexual harassment as misconduct under service rules. Recently, on August 21, 2025, following the Supreme Court's order, the Labour Department of Karnataka has issued another directive on compliance with the POSH Act, requiring labour commissioners at district and state levels to ensure that all employers have formed the ICC, and if the ICC is not formed, then take appropriate actions under the POSH Act. It was reiterated that a survey was directed to be conducted on December 03, 2024, for this purpose. It has now been directed to complete the survey within a period of 6 (six) weeks. By embedding POSH compliance into governance structures, Karnataka has signalled its intent to treat workplace safety as a continuing institutional duty.
Tamil Nadu (June 2025): Introduced a standard operating procedure (SOP) through its Social Welfare and Women Empowerment Department, offering a detailed compliance roadmap applicable to both public and private establishments. The SOP sets out inquiry procedures, conciliation mechanisms, employer obligations, and timelines, aiming to eliminate inconsistencies and create uniform enforcement across industries in the state.
Rajasthan (2025): Linked compliance directly to SHe-Box registration, mandating all establishments with 10 (ten) or more employees to register and upload ICC details within 15 (fifteen) days of notification. This digital-first approach enables real-time monitoring and creates an auditable trail of compliance.
Delhi (2025): The Department of Women and Child Development issued a public notice requiring both public and private entities to register on SHe-Box portal, reinforcing centralized oversight and ensuring that no organization within the capital escapes compliance scrutiny.
Orissa (2025): The Odisha government issued a directive requiring mandatory display of IEC boards on the POSH Act across all workplaces and educational institutions, highlighting do's and don'ts related to sexual harassment, promoting respectful behaviour and legal awareness. All organizations with 10 or more employees were directed to constitute ICCs and register them on the SHe-Box portal.
These state-level measures reflect a growing recognition that compliance cannot be left to voluntary action. By combining legal directives with institutional, procedural, and digital frameworks, state governments are gradually creating a culture of structured accountability.
Broader Analysis: Challenges and Policy Implications
Despite the progress, significant challenges remain in translating the POSH Act's vision into reality. The primary challenge remains that there is an uneven compliance across sectors. While large corporates are relatively more compliant, small establishments and the unorganised sector lag behind. Local Committees often lack adequate resources or capacity.
Further, the issue with tying compliance with technology is that platforms like SHe-Box are effective in urban and formal sectors but may remain inaccessible to women in rural areas, informal employment, or sectors with limited digital literacy.
Another hurdle in effective implementation could be that many ICCs lack training in legal procedures, inquiry techniques, or sensitivity. Without professionalisation, these bodies risk being perceived as symbolic rather than effective.
Fear of retaliation, stigma, and career repercussions also continue to deter reporting. While legal mandates do exist, but it must be complemented by organizational cultural change, visible leadership commitment, and industry-wide awareness, for effective implementation. This coupled with weak enforcement of penalties, does not provide a strong deterrent.
Lastly, emerging work models such as gig work, remote employment, and hybrid models blur the boundaries of "workplace". The law needs to be clarified, addressing harassment in these contexts.
Comparative and Policy Perspectives
Globally, stronger enforcement mechanisms exist. For instance, in the UK, the Equality and Human Rights Commission monitors compliance under the Equality Act, 2010, while in the US, the Equal Employment Opportunity Commission enforces Title VII of the Civil Rights Act, 1964. Both systems involve active state-led monitoring rather than reliance on self-regulation alone.
India's model anchored in employer obligations, judicial oversight, and state-level enforcement is still evolving in that direction. The next policy step could be the establishment of a national compliance authority or registry, consolidating SHe-Box data, conducting periodic audits, and publishing compliance rankings to drive transparency.
Further, embedding POSH compliance into the broader Environmental, Social, and Governance (ESG) framework could incentivize organizations. With global investors increasingly treating workplace safety and inclusivity as governance indicators, Indian corporates could benefit reputationally and financially from integrating POSH into sustainability reporting.
Conclusion
The Supreme Court's ruling in Aureliano Fernandes represents more than a judicial directive, it is a call to action for employers, regulators, and governments. Combined with proactive measures from states such as Karnataka, Tamil Nadu, Rajasthan, and Delhi, the compliance landscape for the POSH Act is steadily maturing into a system driven by accountability.
For organizations, the message is clear: workplace safety is not a mere compliance checkbox but a legal, moral, and strategic imperative. Beyond avoiding penalties, ensuring a harassment-free environment fosters trust, productivity, and equity, which are values central to sustainable growth and competitiveness in the modern economy.
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