What Is the POSH Act?
The POSH Act was enacted to protect women against sexual harassment at the workplace and to provide a structured mechanism for prevention and redressal. The law is based on the Vishakha Guidelines issued by the Supreme Court of India in 1997 and gives statutory backing to workplace safety for women.
The Act applies to all workplaces in India, whether public or private, organized or unorganized. An aggrieved woman under the Act includes any woman, irrespective of age or employment status, who alleges sexual harassment at a workplace.
The primary objectives of the POSH Act are prevention of sexual harassment, prohibition of such conduct and redressal of complaints through a fair and confidential process.
What Constitutes Sexual Harassment Under the POSH Act?
The POSH Act defines sexual harassment broadly to include any unwelcome act or behaviour of a sexual nature. This includes physical contact or advances, demand or request for sexual favors, sexually coloured remarks, showing pornography and any other verbal or non-verbal conduct of a sexual nature.
Sexual harassment is not limited to physical acts. Inappropriate comments, gestures, messages, emails or conduct that creates a hostile or intimidating work environment can also fall under the definition. The law recognizes that harassment can occur through digital platforms and during work-related travel or events.
Applicability of the POSH Act
The POSH Act applies to all women at the workplace, including permanent employees, contract workers, interns, trainees, consultants, volunteers and even visitors. The definition of workplace is expansive and includes offices, factories, shops, hospitals, educational institutions and any place visited during the course of employment, including transportation provided by the employer.
Although the Act is gender-specific and protects women, many organisations adopt gender-neutral policies as a best practice to promote inclusive workplace safety.
Key Responsibilities of Employers
Employers play a critical role in ensuring compliance with the POSH Act. Any organisation with ten or more employees is required to constitute an Internal Complaints Committee (ICC). The ICC must be headed by a senior woman employee as the Presiding Officer, include at least two employee members committed to women’s causes and have one external member with legal or social work expertise. At least half of the committee members must be women.
Employers must also draft and communicate a clear POSH policy, conduct regular awareness and sensitisation training for employees and ensure that complaint mechanisms are easily accessible. Displaying information about the POSH policy and ICC members at the workplace is a mandatory requirement.
Registration of the ICC details on the SHe-Box portal, managed by the Ministry of Women and Child Development, is another important compliance requirement to enable digital grievance redressal and monitoring.
Complaint Filing and Inquiry Process
An aggrieved woman must submit a written complaint to the ICC within three months from the date of the incident. In cases involving a series of incidents, the timeline is calculated from the date of the last incident. The ICC may extend this timeline if there are valid reasons for delay.
Once a complaint is received, the ICC conducts a fair, unbiased and confidential inquiry. Both parties are given an opportunity to present their case, submit evidence and bring witnesses. The inquiry should be completed within ninety days, after which the committee submits its findings and recommendations to the employer.
Based on the inquiry outcome, the ICC may recommend disciplinary action, counselling, warnings or other corrective measures. The Act also provides for appeals by either party if they are dissatisfied with the outcome.
Penalties for Non-Compliance
Non-compliance with the POSH Act can attract serious consequences for employers. These include monetary penalties, reputational damage and in certain cases, cancellation or suspension of business licenses by local authorities. Several state governments have tightened enforcement by issuing standard operating procedures to ensure ICC formation and regular reporting.
Failure to constitute an ICC, conduct training or act on complaints is viewed as a serious violation of statutory obligations.
Recent Amendments and Legal Developments
Over the years, several legal and regulatory developments have strengthened POSH compliance. A Private Member Bill introduced in 2024 proposed extending the complaint filing period to one year, removing discretionary extensions and eliminating conciliation provisions to ensure formal inquiries in all cases.
Another significant development is the amendment to the Companies (Accounts) Rules, effective July 2025, which mandates enhanced POSH disclosures in the Board’s Report. Companies are now required to report the number of sexual harassment complaints received, resolved, pending and those pending beyond ninety days, along with workforce gender data. This change embeds POSH compliance into corporate governance and transparency frameworks.
Why POSH Compliance Matters Beyond the Law
POSH compliance is not just a legal formality. It is fundamental to building respectful, inclusive and high-trust workplaces. Organisations that proactively implement POSH policies and training create safer environments, improve employee morale and reduce the risk of legal disputes.
For employees, awareness of POSH rights and procedures empowers them to speak up and seek redressal without fear of retaliation.
Best Practices for Effective POSH Implementation
Organisations should conduct regular POSH training for employees, managers and ICC members to ensure consistent understanding. Periodic policy reviews, unbiased inquiry processes and strict confidentiality are essential. Employers should also track data, review trends and take preventive measures to strengthen workplace culture.
- Conduct regular POSH awareness and sensitisation training for employees, managers and Internal Complaints Committee (ICC) members to ensure uniform understanding of roles, responsibilities and reporting mechanisms
- Review and update POSH policies periodically to reflect legal changes, organisational growth and evolving workplace dynamics
- Ensure that complaint inquiries are conducted in a fair, unbiased and time-bound manner, strictly following due process as prescribed under the law
- Maintain complete confidentiality throughout the complaint and inquiry process to protect the dignity and privacy of all parties involved
- Document all POSH-related processes, actions and outcomes accurately to demonstrate compliance and accountability
- Analyse complaint data and trends to identify risk areas and implement preventive measures that strengthen workplace culture and reduce future incidents
How MahaPosh Supports POSH Compliance
MahaPosh helps organisations achieve and sustain POSH compliance through end-to-end support. This includes setting up and training Internal Complaints Committees, delivering customised POSH awareness programs, and drafting or reviewing compliant workplace policies.
MahaPosh also provides expert guidance on complaint handling, documentation and reporting, ensuring organisations follow due process while maintaining confidentiality and fairness. With a structured and preventive approach, MahaPosh enables companies to stay compliant while building safe, respectful and inclusive workplaces.
Conclusion
The POSH Act is a cornerstone of workplace safety legislation in India. With evolving legal expectations, enhanced reporting requirements and stricter enforcement, understanding and implementing POSH compliance has become more important than ever. Whether you are an employer, HR professional or employee, awareness of the POSH Act is essential to fostering safe, respectful and legally compliant workplaces.
Mahaposh remains committed to supporting organisations with POSH training, compliance solutions and expert guidance to help create workplaces where dignity and safety are non-negotiable.