The POSH Act: Ensuring Safe Workplaces for Everyone

A safe and respectful workplace is a basic right of every employee. In India, this right is strongly protected by the POSH Act—the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The law was enacted after years of public demand and landmark judicial interventions that recognized the urgent need to protect women from harassment at work. Even today, the POSH Act remains one of the most important legislations promoting gender equality, workplace safety, and employee dignity.

Why the POSH Act Was Needed

Long before the law was enacted, India witnessed several cases where victims of workplace sexual harassment had no proper mechanism to seek justice. The turning point came with the 1997 Vishaka vs. State of Rajasthan judgment, where the Supreme Court laid down guidelines to prevent workplace harassment. These guidelines became the foundation for the POSH Act.

According to a 2023 National Commission for Women (NCW) report, complaints of workplace harassment increased by nearly 25% compared to previous years indicating rising awareness and willingness to report misconduct. This also highlights the ongoing need for robust, well-functioning POSH systems across organizations.

What Exactly Is Sexual Harassment?

The POSH Act defines sexual harassment broadly to ensure inclusivity. It includes:

• Unwelcome physical contact

• Requests for sexual favors

• Sexually colored remarks or jokes

• Showing pornography

• Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature

Even behaviours that are often normalized in workplaces such as inappropriate comments, circulating offensive memes, or asking intrusive personal questions may qualify as sexual harassment if they make the workplace hostile or uncomfortable. The law recognizes that harassment can occur in offices, factories, hospitals, schools, transport, virtual meetings, and even off-site work settings like conferences and work trips.

Who Is Protected Under the Act?

Although the Act uses the term women, its protections extend widely:

• Full-time employees

• Interns

• Trainees

• Consultants

• Domestic workers

• Visitors or any woman present at the workplace

  
  

Courts in recent years have also adopted a more gender-inclusive approach, encouraging organizations to create policies protecting all genders.

Responsibilities of Employers

The POSH Act imposes strict duties on employers. Every company with 10 or more employees must:

1. Form an Internal Committee (IC)

• Headed by a senior woman employee

• Includes two employees committed to women’s rights

• Has one external member from an NGO or legal background. The IC investigates complaints and recommends action.

  
  

2. Create Awareness

Employers must conduct:

• Annual POSH training

• Orientation of IC members

• Awareness sessions for all staff

• Display of POSH posters at the workplace

  
  

3. Provide a Safe Mechanism for Complaints

This includes a confidential reporting system and protection from retaliation. Failure to comply can lead to penalties, cancellation of licenses, and legal consequences.

How the Complaint Process Works

The POSH Act has a simple and victim-friendly complaint process:

1. Filing the Complaint

• Must be filed within three months of the incident

• Can be written or orally communicated and recorded by the IC

• If the woman is unable to file, her legal heir or colleague can do so

  
  

2. Conciliation (Optional)

Before starting an inquiry, the complainant may request a conciliation, a mutually agreed resolution without monetary compensation. This is only at the request of the victim, never forced.

3. Formal Inquiry

• The IC acts like a quasi-judicial body

• Both parties can present evidence, witnesses, and documents

• Inquiry must be completed within 90 days

4. Action Taken Report

After inquiry:

• If the respondent is guilty, disciplinary action is recommended (warning, salary deduction, termination, training, etc.)

• If the complaint is malicious (rare cases), action can be recommended against the complainant

However, the law clearly states that inability to prove the complaint does not make it malicious.

Real-Life Impact: How the POSH Act Changed Workplaces

The Act has significantly influenced India’s workplace culture. Several companies now prioritize gender sensitivity, conduct POSH audits, and encourage transparent reporting. In a 2022 survey by a leading HR consultancy, over 70% of organizations reported that employees feel more confident reporting incidents after proper POSH training.

Courts also regularly uphold strict action against employers who fail to follow the Act. In Sanjay Jain vs. National Council for Cement and Building Materials (2020), the Delhi High Court clearly stated that employers cannot ignore or delay POSH procedures, emphasizing that workplace safety is non-negotiable.

Challenges Still Faced

Despite strong laws, the real challenges lie in implementation:

• Fear of retaliation

• Social stigma and judgment

• Lack of awareness among employees

• Poorly trained Internal Committees

• Organizations treating POSH as a formality

To create real change, workplaces must treat POSH not as compliance, but as a culture-building initiative.

The Road Ahead: Creating Respectful Workplaces

The POSH Act is not just a legal requirement, it is a powerful tool to promote dignity, equality, and professionalism. For young lawyers, HR professionals, and businesses, understanding the Act is essential.

A safe workplace is not built by laws alone but by awareness, empathy, and accountability. With consistent training, strong leadership support, and open communication channels, India can move toward workplaces where every employee regardless of gender feels valued, respected, and protected.