Practical hurdles in implementation of POSH Provisions

POSH Act was enacted in year 2013 to give protection to female employees in the Corporate World. Even after a decade of enactment HR departments are still having reservations in its implementation in few companies. It is still being seen as a mere compliance requirement. Time to understand the gaps and take corrective action to help the Corporates build Symbiotic Workplaces and make POSH a friend from a seemingly foe.

More than a decade after the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, commonly known as the POSH Act, the transition from “paper compliance” to a “culture of safety” remains one of India’s most significant corporate and legal challenges.

While the Act provides a robust framework for protection, recent judicial observations—including those from the Supreme Court in 2025 and early 2026—highlight a persistent “implementation chasm.”

1. Structural & Procedural Hurdles

The POSH Act requires every organization with 10 or more employees to constitute an Internal Committee (IC). However, many organizations struggle with the technicalities of this setup.

• Invalid IC Composition: A recurring challenge is the incorrect constitution of the IC. Common errors include the absence of an external member from an NGO or the lack of a senior-level woman as the Presiding Officer. An improperly constituted IC can render an entire inquiry legally void.
• The Competency Gap: IC members are granted the powers of a Civil Court, yet most lack legal training. They often struggle with procedural fairness, the “preponderance of probabilities” evidentiary standard, and writing reasoned inquiry reports that can withstand judicial scrutiny.
• Confidentiality Breaches: Despite strict statutory requirements, information leaks remain common. Whether through office gossip or unsecured digital communication, breaches of confidentiality often lead to secondary victimization of the complainant.

2. Institutional & Cultural Barriers

Legal frameworks often collide with deeply ingrained workplace hierarchies and societal norms.

• The “Zero-Case Paradox”: Many organizations report zero cases annually, claiming a “clean” environment. However, experts suggest that zero reporting in large organizations often indicates a lack of trust in the mechanism or a culture of silence rather than the absence of harassment.
• Corner Office Immunity: Conducting a fair inquiry when the respondent is a high-ranking executive (CEO, Director, or Founder) poses a severe challenge. IC members, who are usually subordinates, may feel pressured to protect the organization’s reputation over delivering justice.
• Retaliation and Backlash: Fear of losing one’s job or being labeled a “troublemaker” prevents many survivors from coming forward. Subtle forms of retaliation—such as poor performance reviews, exclusion from key projects, or social isolation—are difficult for an IC to monitor or prove.

3. Emerging Challenges in the Modern Workplace

As the nature of work evolves, the POSH Act faces new interpretational difficulties.

4. Recent Judicial Shifts (2025–2026)

The Judiciary has recently moved from a “complaint-driven” approach to a “state-monitored” model. In the landmark Aureliano Fernandes v. State of Goa follow-ups, the Supreme Court mandated:

1. District-wise Compliance Surveys: To verify the existence of ICs in all sectors.

2. SHe-Box Integration: Mandatory registration of companies on the government’s digital portal to track data.

3. Strict Penalties: Higher scrutiny on the fine of ₹50,000 for non-compliance, with the threat of canceling business licenses for repeat offenders.

Conclusion: Beyond the Checklist

The primary challenge in 2026 is “POSH Fatigue”—where organizations treat compliance as a routine HR task rather than a governance priority. Real implementation requires moving away from “tick-box” training sessions and toward trauma-informed inquiries and top-down accountability.