Workplace Harassment: Are Companies Still Breaking POSH Laws?
Workplace Harassment: Are Companies Still Breaking POSH Laws? You walk into your office and feel uneasy because of a colleague’s repeated inappropriate comments. Moreover, you hesitate to speak up because you fear retaliation or doubt that anyone will take action. Furthermore, this situation affects thousands of women across India even today. Additionally, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, exists to protect you. However, more than 12 years after its enforcement, most companies continue to mishandle it badly. The POSH Act remains fully in force as of December 2025. Moreover, the four new labour codes that started on November 21, 2025, do not replace or weaken it. Furthermore, recent changes, including mandatory disclosures in company board reports from July 2025 and Supreme Court directives, actually strengthen accountability. Nevertheless, compliance gaps persist widely. Additionally, a 2025 SHRM study identifies seven major failures, and courts keep highlighting lapses. You need to know exactly what the law requires, where companies fail, and how you can protect yourself. Therefore, this blog explains the key provisions in simple English, shares real data and cases, and gives practical steps. First, What Exactly Does the POSH Act Cover and Who Does It Protect? Parliament passes the POSH Act in 2013 to give women a safe working environment free from sexual harassment. Moreover, it applies to every workplace in India, including offices, factories, hospitals, schools, and even homes if you work remotely. Furthermore, the law defines an “aggrieved woman” as any woman, regardless of age, employment status, or marital status. Additionally, it covers regular employees, contract workers, interns, and visitors. The Act defines sexual harassment clearly under Section 2(n). It includes any unwelcome act such as: Physical contact or advances A demand or request for sexual favours Making sexually coloured remarks Showing pornography Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature For example, unwanted touching, sending explicit messages, or creating a hostile environment through jokes all qualify. Moreover, the Madras High Court rules in January 2025 that harassment depends on how the victim feels, not the accused’s intent. In simple English, if the behaviour makes you uncomfortable and feels sexual, it counts as harassment. Next, What Must Every Employer Do Under the Law? Section 4 requires every workplace with 10 or more employees to form an Internal Complaints Committee (ICC). Moreover, the ICC must have at least four members. Furthermore, at least half must be women. Additionally, a senior woman employee serves as the presiding officer, and one external member comes from an NGO or someone familiar with these issues. Furthermore, employers display the ICC members’ names and contact details at noticeable places. They also conduct regular awareness and sensitisation programs. Moreover, the law mandates that employers provide a safe working environment and assist women who want to file police complaints. For smaller workplaces with fewer than 10 employees, or for domestic workers, a Local Complaints Committee (LC) set up by the district officer handles complaints. Additionally, from July 2025, companies disclose in their board reports the number of complaints received, disposed, and pending, plus workforce gender details. Additionally, How Does the Complaint and Inquiry Process Work? You file a written complaint to the ICC within three months of the incident, and the committee extends it by another three months for valid reasons. Moreover, the ICC first tries conciliation if you agree, but it never involves monetary settlement alone. Furthermore, the committee conducts a fair inquiry. It gives both sides a chance to present evidence and witnesses. Additionally, the inquiry finishes within 90 days, and the full process wraps up in 110 days. Moreover, the ICC submits a report with recommendations, such as warning, suspension, or termination for the accused. In simple English, the process protects confidentiality and prevents victimisation. Furthermore, if the company ignores the ICC recommendations, you approach the courts. So, Why Do Most Companies Still Get It Wrong? Despite clear rules, compliance remains poor. Moreover, the Supreme Court notes widespread lapses in 2025 and orders district-wise surveys. Furthermore, many companies form ICCs only on paper. Additionally, common failures include: No external member or improper composition, leading to biased inquiries Lack of regular training, so employees do not know their rights Delayed resolutions beyond 90 days Poor confidentiality, causing retaliation against complainants No annual reports to the district officer Additionally, smaller companies often ignore the law completely. Moreover, a 2025 report shows pending cases at top companies rose 67 percent in one year, and reported complaints increased 29 percent, indicating both more awareness and backlog issues. Furthermore, many ICCs lack trained members. They conduct rushed or unfair inquiries. For example, the Supreme Court sets aside inquiries for violating natural justice principles. Let Us Examine Real Cases That Show the Problems and Penalties In a 2025 Border Security Force case, the Supreme Court fines the organisation Rs 25,000 for not sharing the inquiry report with the complainant. Moreover, this ruling stresses transparency. Furthermore, the Madras High Court in January 2025 emphasises victim-centric approach. Additionally, in university cases throughout 2024 and 2025, delayed or improper ICCs lead to court interventions. Penalties prove serious. Moreover, Section 26 imposes a fine up to Rs 50,000 for non-compliance, such as no ICC or no policy. Furthermore, repeat offences double the fine or lead to license cancellation. Additionally, from July 2025, false disclosures in board reports attract Companies Act penalties. In simple English, companies now face public shame plus financial hits for failures. Furthermore, What Recent Changes Make Compliance Stricter in 2025? The Ministry of Corporate Affairs amends rules in May 2025, effective July, to mandate detailed POSH disclosures in board reports. Moreover, companies report complaints received, resolved, and pending over 90 days. Additionally, the Supreme Court directs nationwide surveys and proper ICC setups. Furthermore, Delhi requires ICC registration on SHe-Box portal. These steps increase transparency. Moreover, zero complaints no longer hide inaction, because companies disclose gender ratios and cases. https://youtu.be/M8C2B949BqA?si=26Ph12l7t1riz2hp What Should You Do