Sexual harassment in the workplace is not just a breach of professional decorum; it’s a grave violation of a person’s dignity and safety. Acknowledging this issue, the Indian government introduced the Protection of Women from Sexual Harassment (POSH) Act in 2013 to address workplace sexual harassment.
Today, this law is not just a compliance checkbox but a vital framework for fostering equity and respect across organizations.
In this comprehensive guide, we’ll walk you through the POSH policy, its legal framework, POSH Act applicability, key mandates, and its growing importance in corporate India.
Understanding the POSH Act
The POSH Act 2013 — officially titled The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — was enacted to address and prevent sexual harassment in workplaces across India.
The law was based on the guidelines laid down in the Supreme Court’s landmark Vishaka judgment of 1997, which set the precedent for workplace safety.
This Act places a legal obligation on employers to create a safe working environment, especially for women, and provides a redressal mechanism for victims of harassment.
POSH Act Applicability: Who Must Comply?
A common question among HR professionals and entrepreneurs is the POSH Act applicability. The Act is mandatory for all organisations, whether public or private, having 10 or more employees, irrespective of their gender mix.
This includes:
Corporates and MNCs
Start-ups and SMEs
NGOs and government bodies
Educational institutions
Hospitals, clinics, and any workplace where employees or interns are present
It also covers domestic workers, making it a progressive piece of legislation inclusive in its scope.
Key Components of a Compliant POSH Policy
A well-drafted POSH policy ensures that employees and hr understand what constitutes sexual harassment, how to report it, and how the organisation will handle complaints. Here are its critical components:
- Definition of Sexual Harassment: The policy must define what constitutes sexual harassment with examples — including physical contact, lewd jokes, suggestive remarks, or visual displays that demean someone.
- Formation of an Internal Committee (IC): All organisations with 10 or more employees must constitute an Internal Committee with a minimum of four members, including a female presiding officer.
- Complaint Process: The POSH policy should provide a clear, confidential, and accessible method for lodging complaints within three months of the incident.
- Redressal Mechanism: The Internal Committee must investigate and resolve the matter within 90 days, maintaining confidentiality throughout the process.
- Awareness & Training: Mandatory POSH training for employees and IC members to ensure preventive and responsive action.
POSH in Corporate India: Why It’s More Than Just Compliance
While compliance is non-negotiable, leading companies today view POSH in corporate circles as a cultural commitment. Here’s why:
- Boosts Employee Trust: A transparent, well-implemented POSH policy instills confidence among employees, particularly women, and reinforces the organisation’s dedication to safety.
- Protects Employer Reputation: Ignoring POSH compliance can result in legal penalties, reputational loss, and employee attrition.
- Encourages Reporting: A safe and robust mechanism encourages victims to speak up, contributing to a healthier workplace ecosystem.
POSH Compliance: Mandatory Actions for Employers
To ensure POSH compliance, employers are required by law to:
- Draft and implement a detailed anti sexual harassment policy
- Display posters in the workplace detailing employee rights and IC contact information
- Constitute and train the Internal Committee
- Submit an annual report detailing the number of complaints received and resolved
- Conduct regular POSH training for employees to raise awareness
Failure to comply with these requirements can lead to monetary penalties and cancellation of business licenses.
What Happens in the Absence of POSH Compliance?
Let’s be clear — non-compliance with the POSH Act isn’t just a procedural lapse. It can lead to:
- Fines up to ₹50,000 for first-time offences
- Higher penalties for repeated violations
- Possible cancellation of business licenses
- Loss of credibility in the job market
- Internal dissatisfaction and increased attrition
Companies that ignore POSH in corporate settings often find themselves embroiled in public relations crises that are difficult to recover from.
The Role of POSH Training for Employees
Regular POSH training for employees and leadership teams is crucial to the Act’s effectiveness. Training sessions should include:
- Real-life case studies and situational role-playing
- Interactive Q&A on identifying and reporting harassment
- Clear distinctions between professional behavior and misconduct
- Confidentiality protocols and whistleblower protections
When done right, training makes the POSH policy come alive as a lived value, not just a legal document.
Implementing POSH in Startups and SMEs
Startups often assume they are exempt from the POSH Act applicability due to their size or informal culture. But the truth is — if you employ even 10 people, you’re covered by the law. You must:
- Set up an Internal Committee
- Document your POSH policy
- Conduct periodic awareness programs
Startups that implement POSH compliance early benefit from enhanced credibility among investors, customers, and future hires.
Evolving Trends in POSH Jurisprudence
Indian courts have consistently reinforced the importance of adhering to the prevention of sexual harassment at workplace rules. Over the years, the definition of the “workplace” has expanded to include remote and hybrid setups, making the POSH policy even more relevant in the post-COVID work environment.
Moreover, courts have held that failure to provide redressal amounts to violation of fundamental rights under Article 14 and 21 of the Constitution, underscoring the legal and ethical necessity of POSH compliance.
Final Thoughts: Why POSH Is Everyone’s Responsibility
The POSH Act is not a symbolic statute. It is a robust legal framework that reflects India’s evolving stance on workplace ethics and equality. Whether you are a founder, HR manager, or employee, contributing to a harassment-free workplace is a shared duty.
Adopting a comprehensive POSH policy, ensuring POSH training for employees, and staying vigilant about POSH compliance are not just good practices—they are necessary for building a progressive, fair, and legally sound organisation.
Need help regarding the implementation of POSH policy at workplace ? Let us know— the Chambers of Ashwarya Sinha be happy to guide you through it.
For seeking personalised information regarding the legal remedies available contact us at: info@ashwaryasinha.com and office@ashwaryasinha.com
