By Anuradha Gandhi and Isha Sharma
Introduction
For more than a decade, organizations across India have been legally obligated to comply with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 also known as the POSH Act. Yet, despite the law being in force since 2013, implementation has often remained superficial. Many organizations have viewed POSH Compliance as a procedural obligation- drafting a policy, constituting an Internal Committee (IC), filing an annual report and considering the requirement fulfilled.
The National Commission for Women (NCW) has now made it clear that this approach is no longer acceptable.
On June 19, 2026, the NCW issued a comprehensive advisory to all States and Union Territories recommending mandatory POSH audits and a series of institutional reforms aimed at ensuring that compliance moves beyond documentation to actual workplace safety. The advisory signals a significant shift in regulatory expectations by emphasising accountability, transparency and continuous monitoring rather than one-time compliance.
The advisory did not emerge in isolation. It comes against the backdrop of persistent and documented non-compliance of the provisions of the POSH Act, a concern that the Supreme Court of India itself flagged as a “sorry state of affairs” while adjudicating Aurelino Fernandes v State of Goa & Ors.[1] More recently, sexual harassment allegations at a prominent IT firm in Nashik, spanning multiple complainants and reportedly three years of institutional inaction has reignited public outrage on whether internal mechanisms under the Act actually function.[2]
Rather than treating the incident as an isolated lapse, the NCW appears to have recognized it as indicative of a broader systematic issue- one where legal compliance exists in form but not necessarily in substance.
From Compliance to Accountability
The advisory applies to all workplaces covered under the POSH Act- whether in the government, private, organized or unorganized sector.
The advisory has been circulated not only to the Chief Secretaries and Directors General of Police of every state and Union Territory but also to District Magistrates, Senior Superintendents of Police and Commissioners of Police across the country.
- Annual POSH Audits:
One of the most significant recommendations is the introduction of mandatory annual POSH Audits for every establishment employing 10 or more employees. Unlike conventional compliance checks that merely verify whether an IC has been constituted, the proposed audit would examine whether the organization is genuinely implementing the objectives of the POSH Act. The audit is expected to evaluate- Whether the IC has been constituted strictly in accordance with the law and is functioning
- Whether complaints are investigated within statutory timelines
- Whether confidentiality safeguards are being maintained
- Whether awareness and sensitization programmes are periodically conducted
- Whether annual reports are submitted
- Whether the organization is registered on the SHe-box portal and discloses mandatory information
Importantly, the advisory recommends that audit reports be submitted to District Authorities and concerned departments and failure to conduct the audit itself should be treated as non-compliance.
- State Level Monitoring Cells and Compliance Dashboards
The advisory further recommends the establishment of State-Level POSH Monitorng Cells and Digital Compliance Dashboards to facilitate ongoing supervision rather than relying exclusively on employer self-reporting. [3] - District Officers
The advisory also recommends that every State and UT formally notify District Officers under the POSH Act. Their role goes beyond administration- they are intended to serve as the nodal authority for implementation, monitoring, awareness generation and grievance redressal at the district level. - Constitution of Internal Committees
The advisory reiterates that every organization employing 10 or more persons must constitute a legally compliant Internal Committee (IC) in every office, branch and unit. The NCW has emphasized that these committees must satisfy every statutory requirement including-- A woman Presiding Officer[4]
- Appropriate qualified members
- An External Member and
- At least 50% women representation
- Constitution of Local Committees
Equally significant is the Commission’s focus on establishments employing less than 10 persons and cases involving employers. Women working in small establishments, domestic employment and the informal sector frequently remain outside c=organization’s compliance mechanisms. To address this gap, the advisory directs every district to ensure that Local Committees (LCs) are effectively constituted and operational so that these workers have access to an independent compliant redressal mechanism. - Public Disclosure of Complaint Mechanism
A recurring criticism of POSH implementation has been that employees often do not know whom to approach when act of sexual harassment occurs. The NCW seeks to address this by recommending that organizations prominently display- Internal Committee details
- Local Committee information
- Contact details of Nodal Officer
- Complaint Procedures
- Email IDs, contact numbers
- Online grievance mechanism
These details should be available both on organizational websites and at workplace premises instead of remaining buried within HR manuals or policy documents that employees rarely consult. Accessibility, according to the advisory, is an essential component of effective implementation.
- Specialized training for IC Members and LC Members
The Commission recommends specialized training for members of both ICs and LCs to ensure that inquiries are conducted fairly, sensitively and in accordance with principles of natural justice.On the substantive legal standard, the Madras High Court in 2026, while setting aside a Labour order that overturned the IC findings held that POSH Act turns on the act, not the intent of the accused.[5] The court applied a reasonable woman standard, stating that if a woman experiences conduct as unwelcome, it falls within the definition of sexual harassment. This underscores the need for such trainings and awareness workshops. - Training and Sensitization
Beyond the committee training, employers are encouraged to organize periodic workshops, seminars, orientation sessions and awareness drives so that employees understand both their rights and responsibilities under the POSH framework. This recognizes that compliance cannot be achieved merely through legal documentation- it requires institutional culture. - Promoting use of SHe-box portal
The NCW has also emphasized the effective utilization of the Government of India SHe-box platform[6], an online grievance portal designed to facilitate the registration, tracking and monitoring of workplace sexual harassment complaints. The advisory encourages all employers and institutions to actively publicise the platform among employees and integrate it into their broader POSH awareness initiatives. - Annual Report Compliance
The advisory also reinforces the importance of annual reporting under the POSH Act. [7]Every establishment is mandated to submit its annual report detailing the number of complaints received, inquiries conducted and other statutory particulars as required under the law. Significantly, the NCW has recommended that States periodically review these consolidated reports to assess compliance trends, identify implementation gaps and take corrective measures where necessary.This recommendation reflects a shift from viewing annual report as a mere filing requirement to treating them as an important regulatory tool for monitoring the effectiveness of POSH implementation across sectors. - Protection against Retaliation
One of the practical concerns faced by complainants under the POSH Act has always been fear of retaliation. Employees frequently hesitate to report incidents because of concerns regarding transfers, careers progression, workplace hostility or reputational harm. - Special Focus on Educational and Healthcare InstitutionsRecognizing that workplace harassment concerns extend beyond traditional corporate offices[8], the Commission has placed special emphasis on educational and healthcare institutions. Universities, schools, coaching centres, hospitals and medical establishments have been encouraged to strengthen their POSH mechanism, particularly to protect students, interns, trainees, research scholars and contractual personnel who often occupy relatively vulnerable positions.
- Awareness Campaigns in the unorganized sector
The advisory urges district administrators to conduct awareness campaigns among rural areas, industrial clusters, self-help groups, domestic workers, and other unorganized workplaces. - Workplace Safety Infrastructure
The advisory recognizes that prevention is not limited to complaint mechanisms. Organizations have been encouraged to adopt a zero-tolerance approach towards sexual harassment and strengthen physical safety infrastructure through better lighting, secure and safe access, surveillance in common areas and emergency support mechanisms. - Periodic Review by District Administrations
The advisory further recommends periodic senior-level administrative reviews, aduit findings. issuing guidance, identifying non-compliant establishments and sparheading intensive POSH awareness campaigns to ensure sustained implementation on the ground.
The NCW advisory therefore, specifically recommends robust safeguards against intimidation, discrimination, adverse transfers, professional prejudice and any other form of victimization of complainants, witnesses and committee members. This recommendation reinforces the principle that access to justice is meaningful only when individuals can exercise their rights without fear of professional consequences.
The advisory has already begun influencing state-level policy. Maharashtra has become one of the first state to announce implementation measures by integrating POSH compliance into annual inspections of private establishments. [9]
What Happens if Employers Ignore the Advisory?
Although the NCW advisory itself is recommendatory, it is firmly rooted in the statutory obligations contained in the POSH Act. [10]
The Commission has recommended that failure to conduct annual audits be treated as non-compliance. Under Section 26 of the POSH Act, employers who fail to comply with statutory obligations may face monetary penalties of up to INR 50,000 with repeated violations potentially attracting enhanced penalties, cancellation of licenses or withdrawal of government registrations in appropriate cases.
Consequently, organizations that continue to approach POSH as a documentation exercise may increasingly expose themselves to regulatory scrutiny.
Conclusion
The NCW’s advisory makes an important evolution in India’s POSH framework. For years, POSH compliance largely depended upon whether organizations could demonstrate the existence of policies and ICs, etc. The new advisory indicates a movement towards evaluating whether those mechanisms are actually functioning effectively.
As NCW Chairperson Vijaya Rahatkar aptly observed “A woman should never have to choose between her dignity and her livelihood. Every workplace must be a space of safety, respect and equal opportunity.”
That principle lies at the heart of the Commission’s latest initiative and may well shape the next phase of POSH compliance in India.
Priyanka Bose, Former Intern at S.S. Rana & Co., has assisted in the research of this Article.
[2] https://ssrana.in/posh-law/articles/what-the-nashik-workplace-harassment-case-reveals/
[5] https://ssrana.in/posh-law/articles/act-not-intent-defines-workplace-sexual-harassment/
[6] https://ssrana.in/posh-law/news-event/delhi-government-notice-on-she-box-portal/
[10] https://ssrana.in/posh-law/news-event/news/mca-new-notification-on-posh-act-compliance/