The Supreme Court of India highlighted ongoing challenges in enforcing the Prevention of Sexual Harassment of Women at Workplace Act, 2013 (POSH Act), as noted in the case of Aureliano Fernandes vs. State of Goa and Others. Despite a decade since the Act’s introduction, which was intended to protect women and ensure respectful, harassment-free workplaces, the Court observed that inadequate implementation and enforcement continue to undermine its purpose. The Court pointed out various reasons for these challenges: procedural lapses, limited awareness, lack of faith in outcomes, and weak adherence to enforcement mechanisms.
The Court emphasized that unless there’s strict compliance with the law, women may not receive the dignity and respect they deserve in the workplace. Although the directives in this judgment primarily apply to government agencies, private sector organizations are also urged to review their compliance efforts to better enforce the POSH Act.
Supreme Court’s Directives: A Call for Action
Just a year earlier, the Supreme Court issued another significant judgment expressing concern over what it called a “sorry state of affairs” regarding the POSH Act’s implementation. Highlighting widespread non-compliance, the Court underscored the importance of regular training sessions and workshops to equip Internal Committee (IC) members with the knowledge they need to address sexual harassment cases competently. The Court also cited a newspaper report showing that, of 30 national sports federations, only 16 had formed ICs as required by the POSH Act. Where committees existed, many were improperly constituted, lacking the mandatory external member or other necessary representatives, demonstrating a gap between policy and practice.
In response to this situation, the Court instructed organizations to hold frequent awareness sessions on POSH regulations and ensure robust mechanisms for addressing complaints.
Survey Insights: Employee Awareness and Workplace Challenges
Recent surveys reinforce the Court’s concerns. For instance, a study by Stratefix Consulting in partnership with the National Human Resource Development Network, found that only 8% of professionals were aware of the POSH Act before 2021, and 11% stated they would rather leave their job than report harassment. In addition, a significant number (37%) reported experiencing sexual harassment, yet 17% were either afraid to report incidents or uncertain about their options for doing so. Another study by Walchand Plus in November 2023 revealed that 40% of working women who felt unsafe were unaware of the protections offered by the POSH Act, and 53% of HR professionals did not fully understand the law.
These findings highlight a critical issue: many employees remain uninformed about their rights under the POSH Act. This lack of awareness not only hinders victims from seeking recourse but also suggests that organizations have not effectively embedded POSH training or created a supportive reporting culture.
A Long Road from Vishakha Guidelines to POSH Act
India’s journey toward workplace safety for women began with the landmark Vishakha v. State of Rajasthan case, which set forth guidelines for preventing sexual harassment in 1997. However, it took 16 more years for these guidelines to evolve into a formal law. The POSH Act was enacted in 2013 and marked a significant step forward. Yet, as we approach the Act’s ten-year milestone, several drafting gaps remain, preventing the legislation from fully protecting all employees.
Key Limitations and Gendered Nature of the POSH Act
The POSH Act, while largely comprehensive, has certain limitations. Though some provisions allow “any person” to appeal decisions of the IC, the Act itself is not gender-neutral. Under POSH, only an “aggrieved woman” can file a complaint, leaving men and members of the LGBTQ+ community without recourse under this specific law. While the Act mandates that local committees handle cases from the informal sector or small workplaces with fewer than 10 employees, there is minimal information about the effectiveness and reach of these committees.
Furthermore, differences between the POSH Act and the Bharatiya Nyaya Sanhita (BNS) 2023 create inconsistencies. For example, under the POSH Act, a complaint must be filed within three months of the incident, whereas the BNS 2023 extends this period to three years. The recently proposed amendments to POSH suggest extending the reporting deadline to one year and removing the three-month upper limit on delays that the IC can condone. These proposed changes aim to provide victims more time to report, recognizing that filing a complaint can be daunting, with fears of retaliation and reputation loss often deterring women from coming forward.
Areas for Clarity and Reinforcement in the POSH Act
The POSH Act also leaves ambiguity in areas crucial to effective enforcement. For instance, the role and presence of an external member in ICs are not always enforced strictly, and there is no guidance on handling anonymous complaints. The Act does not specify whether IC inquiry reports need unanimous decisions or whether majority decisions are sufficient. Another area requiring clarity is the procedure for handling cases involving complainants and respondents from different organizations, as well as how to enforce IC recommendations across organizations. While the Act provides some protection against retaliation for complainants and witnesses, stronger, more explicit protections are necessary to encourage reporting.
Challenges in Effective Implementation and the Need for Cultural Change
Despite efforts, the POSH Act’s implementation still faces numerous obstacles. Awareness remains limited, particularly in sectors with higher instances of harassment, like the informal economy. The Act’s provisions for redressal can seem complex, often dissuading employees from filing complaints. Additionally, many organizations conduct only basic, one-time training for new employees or upload policies online, which may not be enough to ensure that employees understand their rights or feel confident in the reporting process.
To overcome these challenges, organizations need to establish a “speak-up” culture where confidentiality and anti-retaliation measures are strongly enforced. For disabled employees and women in the informal sector—who face higher risks of harassment—effective implementation of POSH requires even more tailored support and awareness.
Toward a Proactive, Holistic Approach to POSH Compliance
Addressing these issues calls for a proactive approach from both State and non-State actors. Training sessions, seminars, and regular workshops are essential not only for educating IC members but also for building a workplace culture that encourages accountability. Regular, hands-on training that goes beyond the basics is essential for ensuring that IC members can competently and compassionately handle cases.
Employers should also focus on tracking and measuring POSH compliance over time. Periodic audits and employee surveys can provide valuable insights into how the policies are functioning, while a feedback loop allows organizations to refine policies and practices. Monitoring compliance closely is critical for bridging the gap between stated policy and real action.
Moving Beyond Compliance: Building a Culture of Respect and Dignity
The Supreme Court’s recent observations on POSH underscore that while legal frameworks are essential, they alone cannot guarantee safe workplaces. Compliance must be accompanied by efforts to foster respect, dignity, and inclusivity. This requires organizations to take their role in protecting employees seriously, not as a checkbox exercise, but as a fundamental aspect of ethical business practice.
In the past, organizations may have relied solely on policy documents and introductory training sessions. Today, however, companies are increasingly expected to embed respectful conduct into their organizational culture actively. This cultural shift requires regular reinforcement through leadership examples, peer support, and visible accountability when policies are breached. A strong POSH framework, combined with a commitment to employee well-being, can help foster a culture that supports victims and discourages inappropriate behavior.
Conclusion
As we approach a decade since the enactment of the POSH Act, the road to fully safe workplaces in India remains challenging. Implementing the law effectively requires constant monitoring, awareness programs, and a cultural shift toward accountability. The Supreme Court’s recent judgments provide critical momentum, pushing both public and private sector organizations to re-evaluate and strengthen their POSH compliance.
With effective, ongoing efforts from employers and policymakers, and a continued focus on eliminating harassment, India can take significant strides toward achieving workplaces where everyone can work with dignity, security, and respect. The POSH Act remains a valuable tool in this journey, but its success ultimately depends on a combined effort of legal enforcement and cultural transformation.