INTRODUCTION
The Sexual Harassment of Women at Workplace Act of 2013 marked a transformative moment for workplace safety in India. Building on the Vishaka guidelines, the POSH Act provided a systematic framework for addressing workplace harassment. A significant early intervention came through the Saurashtra Salt Manufacturing Co. case (2014), which extended protection to the unorganized sector, ensuring casual and contractual workers received equal safeguards.
DIGITAL WORKPLACE HARASSMENT
The Ani Technologies case (2020) addressed digital transformation challenges by recognizing virtual harassment under POSH. This decision proved crucial during the pandemic’s remote work shift, requiring companies to adapt their prevention mechanisms to digital spaces.
PROCEDURAL DEVELOPMENTS
- Limitation Period
The Punjab and Haryana High Court’s 2021 decision brought clarity to complaint filing timeframes, acknowledging that trauma and workplace dynamics might cause delays while maintaining procedural discipline.
- Confidentiality Requirements
Sarika Dubey vs. Maharishi Dayanand University (2020) established guidelines balancing confidentiality with natural justice. The Indian Hotels Company Ltd. case (2019) addressed third-party harassment, requiring preventive measures for external threats.
- Remote Work Considerations
The Tech Mahindra case (2022) provided guidance for virtual environments, mandating digital training programs and reporting mechanisms. Courts strengthened Internal Complaints Committees (ICCs) through various judgments, emphasizing proper constitution and external expertise.
The Shanta Kumar case (2018) evolved proof standards, establishing “preponderance of probability” for ICC decisions, acknowledging that harassment often lacks witnesses. Currently, emerging challenges include gig economy platforms and hybrid work models, requiring dynamic legal interpretation.
IMPACT ON CORPORATE PRACTICES
The decade saw increased focus on prevention through regular training and clear policies. The Gaurav Jain case (2015) mandated comprehensive harassment policies and regular updates, promoting cultural change beyond mere compliance.
RECOMMENDATIONS FOR ORGANIZATIONS
POSH has evolved from a statutory framework to a comprehensive safety system. Organizations must view compliance as an ongoing journey, requiring regular policy updates and adaptation to emerging workplace dynamics. Success depends on synergy between judicial wisdom, organizational commitment, and workplace culture evolution.
CONCLUSION
Despite progress toward gender equality, POSH remains women-centric due to continued workplace discrimination. A Stratefix Consulting survey shows only 8% employee awareness of POSH laws, with implementation challenges particularly acute in tier B and C cities. While corporate ‘nil reports’ often mask realities, employers must ensure substantive compliance, supported by stronger government enforcement mechanisms. Though progress is gradual, moving forward slowly is better than stagnation.