A Legal and Strategic Commentary by Adv. Shridhar Patil
Introduction: From Vishaka to POSH A Jurisprudential Leap
The Prevention of Sexual Harassment of Women at Workplace Act, 2013 (POSH Act) is not merely a statutory obligation—it is a jurisprudential response to a constitutional vacuum. Born out of the Supreme Court’s landmark judgment in Vishaka v. State of Rajasthan (1997), the Act codifies the principles of dignity, equality, and workplace safety for women. It operationalizes Article 15 and Article 21 of the Constitution, translating them into enforceable workplace norms.
Statutory Architecture: Definitions, Coverage, and Scope
Sexual Harassment Defined
The Act adopts a broad and inclusive definition of sexual harassment, encompassing:
- Physical contact and advances
- Demand or request for sexual favors
- Sexually colored remarks
- Showing pornography
- Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature
Crucially, it includes quid pro quo scenarios and hostile work environments, thereby recognizing both overt and subtle forms of harassment.
Applicability and Coverage
- Workplaces: All public and private sector entities, NGOs, educational institutions, hospitals, and even virtual/remote offices.
- Employees: Women across employment categories—permanent, temporary, contractual, interns, and volunteers.
- Threshold: Mandatory compliance for establishments with 10 or more employees; optional but advisable for smaller setups.
Institutional Mechanisms: ICC and LCC
Internal Committee (IC)
Every workplace with 10+ employees must constitute an Internal Committee with:
- A senior woman as the Presiding Officer
- Two employees are committed to gender justice
- One external member with expertise in law or women’s rights
Tenure: 3 years
Jurisdiction: Each office/branch must have its own IC.
Local Committee (LC)
For establishments with fewer than 10 employees or where IC is not feasible, the District Officer must constitute a Local Committee.
Procedural Framework: Complaint to Redressal
Complaint Filing
- Written complaints within 3 months of the incident (extendable under justified circumstances)
- Anonymous complaints are not formally admissible but may trigger an informal inquiry
Inquiry Protocol
- Inquiry must be completed within 90 days
- Conciliation is permitted only at the request of the aggrieved woman
- Recommendations must be implemented within 60 days of inquiry completion
Employer Duties
- Constitute IC/LC and display details prominently
- Conduct regular sensitization and training programs
- Submit annual compliance reports by January 31
- Include POSH disclosures in annual board reports (mandatory from July 2025)
Non-Compliance and Penalties
- Fine up to ₹50,000 for failure to constitute IC, non-action on complaints, or procedural violations
- Repeat offences may lead to doubled fines, cancellation of business licenses, and reputational damage
- Recent amendments provide graded penalties for start-ups and small enterprises
Recent Developments (2024–2025)
- MCA notifications (July 2025) mandate granular POSH disclosures in board reports
- Supreme Court directives have intensified scrutiny on IC constitution and functioning
- State governments (e.g., Karnataka, Punjab, Tamil Nadu) have issued compliance circulars requiring the publication of IC details on company portals
- Judicial clarifications emphasize that a hostile environment must involve a sexual element to qualify under the Act
Frequently Asked Questions
Question | Clarification |
Are only large organizations covered? | No. Any workplace with 10+ employees must comply, regardless of sector or structure. |
What if complaints are malicious? | The Act prescribes penalties for false complaints, equivalent to those for proven harassment. |
Can civil and criminal remedies be pursued simultaneously? | Yes. The Act does not bar parallel proceedings under IPC or civil law. |
Strategic Insights for Legal Practitioners
For advocates and compliance professionals, POSH is not just a checklist—it is a strategic tool for institutional reform. Key areas of intervention include:
- Drafting gender-neutral internal policies that go beyond statutory mandates
- Advising on the IC constitution with diversity and legal rigor
- Conducting compliance audits and sensitization workshops
- Navigating grey areas in litigation, especially around evidentiary standards and procedural fairness
Conclusion: From Compliance to Culture
The POSH Act is a constitutional bridge between legal obligation and ethical leadership. Its true impact lies not in the formation of committees, but in the transformation of workplace culture.
For organizations and legal advisors alike, the mandate is clear: move beyond compliance to build ecosystems of dignity, equity, and psychological safety.