Workplace safety remains a fundamental aspect of organisational well-being and employee dignity. In India, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act) was introduced to provide a structured framework for the prevention and redressal of workplace sexual harassment. The legislation mandates that organisations establish Internal Committees (ICs) upon reaching a ten-employee threshold, conduct periodic awareness and training sessions, and comply with reporting obligations, including the filing of annual reports. While the enforcement of the PoSH Act has, for over a decade, been marked by inconsistent implementation, recent regulatory and judicial developments indicate a gradual shift in this approach. In 2025, MCA notified the Companies (Accounts) Second Amendment Rules, 2025, which required companies to provide detailed PoSH-related disclosures in their Board Reports. Accordingly, details of IC, information on Sexual Harassment complaints received, resolved, and pending beyond ninety days need to be disclosed in the Board Report. Through multiple orders over the last few years, the Hon’ble Supreme Court of India, in Aureliano Fernandes v. State of Goa (2025), directed all States and Union Territories to undertake strict verification of PoSH compliance through the Labour Commissioners. The move reflected a shift towards a more proactive, monitored enforcement of the PoSH Law in India.
The statutory framework is comprehensive in principle. The practical implementation of the Act continues to vary significantly across organisations and sectors. Several reports and workplace studies suggest that gaps often persist between formal compliance and meaningful execution. These gaps may arise from structural limitations, inconsistent awareness initiatives, procedural delays, or organisational challenges in handling sensitive complaints fairly and effectively.
Non-compliance with the PoSH Act exposes employers to legal, operational, financial, and reputational risks. More importantly, inadequate implementation can affect employee trust and workplace culture. This article examines some of the commonly observed challenges in the implementation of PoSH compliance in India and explores measures that may help strengthen workplace safety mechanisms.
Challenges in the functioning of Internal Committees
Under the PoSH Act, Internal Committees are expected to function as impartial bodies responsible for the timely and fair redressal of complaints. The law prescribes specific timelines and procedural safeguards to ensure accountability and confidentiality during the inquiry process.
However, in practice, organisations may encounter several challenges in ensuring the effective functioning of ICs. In some cases, concerns are raised regarding delays in inquiries, lack of specialised training for committee members, or perceptions of limited independence where committee members are closely associated with management structures. According to reports and workplace surveys conducted in recent years, complainants have at times experienced delays extending well beyond the timelines contemplated under the Act.
These concerns do not necessarily indicate deliberate institutional bias in every case, but they do highlight the need for stronger procedural safeguards, greater transparency in processes, and regular capacity-building for IC members. The inclusion of experienced external members and periodic training on trauma-informed inquiry practices will help strengthen institutional credibility and employee confidence in the process.
The role of HR in PoSH implementation
HR departments often play a central role in the implementation of workplace policies, including PoSH compliance. Their responsibilities may include facilitating awareness programmes, supporting complaint mechanisms, coordinating with Internal Committees, and maintaining workplace discipline and confidentiality. HR professionals also often face practical and organisational pressures in balancing employee welfare, legal compliance, internal processes, and broader business considerations.
In certain situations, HR departments inadvertently overstep their role in the implementation of PoSH - not necessarily intentional, but owing to limited awareness of the procedural boundaries under the PoSH framework. This may include involvement in inquiry processes, informal fact-finding, or counselling of parties, and other actions that may unintentionally compromise confidentiality and procedural fairness. Such overreach, even when well-intentioned, can compromise the integrity of the inquiry, undermine the complainant's confidence, and expose the organisation to procedural challenges.
It is therefore important for organisations to support HR in navigating this dual responsibility by enabling them to fulfil their facilitative role effectively, while ensuring that clear boundaries exist between HR's functions and the independent inquiry process of the Internal Committee. Establishing clear processes that reinforce neutrality, procedural fairness, and confidentiality remains essential. Strengthening communication around reporting mechanisms and ensuring that complainants are protected from retaliation may contribute to a more credible and balanced system of redressal.
Limited monitoring of PoSH compliance
The PoSH Act requires organisations to undertake several compliance measures, including the submission of annual reports to the appropriate authorities. However, its implementation may vary from one location or organisation to another.
The She-Box initiative is a government-backed online platform launched by the Ministry of Women and Child Development for PoSH compliance monitoring. However, self-reporting via SHe-Box also remains inconsistent. Limited monitoring of PoSH compliance in India hinders effective enforcement. Enforcement heavily depends on proactive District Officers and State Women's Commissions, whose activity levels vary drastically. Since enforcement remains uneven in practice, certain organisations may treat compliance as a mere formality rather than an ongoing organisational responsibility.
Limitations in PoSH Awareness trainings
Training programmes are an essential component of PoSH compliance. In many workplaces, training sessions are conducted primarily to satisfy legal obligations.
Workplace studies and surveys have indicated that a significant number of employees remain unclear about reporting procedures, rights under the Act, or the distinction between appropriate and inappropriate workplace conduct. In such situations, underreporting may persist, and employees may hesitate to seek support.
Despite the requirement to conduct periodic PoSH training, many organisations continue to face practical challenges and often fall short in implementing it effectively. Even where training is conducted, questions often remain around their effectiveness, participant engagement, and contextual relevance. A commonly observed gap in corporate PoSH training is the overemphasis on theory, with limited interaction or discussion rooted in workplace realities.
Conclusion
The PoSH Act represents an important legislative step towards ensuring safer and more equitable workplaces in India. However, the effectiveness of the law ultimately depends on how organisations interpret, implement, and institutionalise its principles in practice.
While many organisations have taken meaningful steps towards compliance, persistent implementation challenges indicate that workplace safety cannot be achieved through policy documentation alone. Effective compliance requires consistent training, transparent procedures, institutional accountability, and a workplace culture that encourages employees to raise concerns without fear.
Moving beyond a purely compliance-driven approach towards a more proactive and empathetic organisational culture may help bridge the gap between legal obligation and workplace reality. When implemented thoughtfully and consistently, the PoSH framework has the potential to foster workplaces that are not only legally compliant but also safer, more inclusive, and more responsive to employee well-being.
Written by Adv Swarali Purandare
Intern at Sol PoSH Consultants
