From policy to practice: The next chapter in POSH compliance in India

More than a decade after the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”), India is witnessing a renewed wave of reform and accountability. What began as a foundational step toward gender-sensitive workplaces is now transitioning into an era of stringent enforcement and structural transparency.

Recent developments including mandatory POSH disclosures at the board level, Supreme Court directives mandating compliance audits, the expansion of digital redressal mechanisms such as SHe-Box, and proposed legislative amendments extending complaint timelines collectively signal a decisive shift in India’s regulatory approach.

This article examines the legal, judicial, and digital interventions shaping the next decade of POSH implementation in India, exploring how they are redefining workplace accountability and empowering employees to seek redressal with greater confidence and protection.

In July 2025, the Ministry of Corporate Affairs amended the Companies (Accounts) Rules, 2014 through the Companies (Accounts) Second Amendment Rules, 2025, mandating detailed disclosures on sexual harassment in the Board’s Report, effective July 14, 2025.

Under the revised Rule 8(5), every company must now disclose:

• The number of sexual harassment complaints received during the financial year;

• The number of cases disposed of;

• The number of complaints pending for more than 90 days; and

• The gender composition of employees (men, women, and transgender persons).

This amendment embeds POSH compliance into the core of corporate governance and public accountability. Merely having a policy on paper is no longer sufficient, Boards must now demonstrate implementation through data and transparency.

Implications for organizations

• Maintain accurate and timely complaint data.

• Ensure ICCs (Internal Complaints Committees) adhere to the 90-day inquiry timeline.

• Train HR and ICC members for consistent documentation across offices and subsidiaries.

• Failure to disclose, or incorrect disclosure, can attract scrutiny from regulators, b reputational concern.

In 2023, the Supreme Court in Aureliano Fernandes v. State of Goa & Ors. (C A No. 2482 of 2014), took suo motu cognizance of widespread non-compliance with POSH mandates. Expressing grave concern over the absence of functional ICCs, the Court directed all State and Union Territory governments to conduct district-wise compliance audits within six weeks.

The Court emphasized that the POSH Act “cannot remain a mere formality on paper.” All employers, institutions, and authorities were reminded that:

i. Every workplace with 10 or more employees must constitute an ICC.

ii. The committee must include an external member experienced in women’s issues or law.

iii. All members must undergo periodic training on inquiry procedures and sensitivity.

This directive has effectively placed ICCs under judicial supervision, transforming non-compliance from a technical lapse into a potential act of contempt or reputational liability under Section 26 of the POSH Act.

The SHe-Box (Sexual Harassment Electronic Box) portal, launched by the Ministry of Women and Child Development, represents a major digital leap in redressal mechanisms. Unlike traditional frameworks that primarily serve women in formal employment, SHe-Box allows any woman, including those in informal sectors, to file a workplace sexual harassment complaint online.

Once submitted, the portal serves as a unified repository for Internal Committees (ICs) and Local Committees (LCs), mandating organisations to register their ICs for tracking and oversight.

On June 12, 2025, the government of NCT of Delhi directed all public and private entities to register their internal committees on SHe-Box, in line with the Supreme Court’s emphasis on institutional accountability.

Key Organizational Obligations

1. Verify that the Internal Committee is duly constituted under the POSH Act.

2. Register the IC on SHe-Box within the prescribed timeline.

3. Monitor further directives issued by state or central authorities.

This initiative transforms compliance into digital accountability, ensuring visibility of each registered workplace to regulatory authorities. Non-registration or delayed registration may now attract not only statutory penalties under Section 26 but also reputational risks due to increased transparency.

Currently, under the POSH Act, a complaint must be filed within three months of the incident, extendable by another three months at the discretion of the ICC or LC. This short window has been widely criticized for failing to reflect the realities of trauma, fear, and workplace hierarchy.

To address this, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Amendment Bill, 2024 introduced in the Rajya Sabha on February 2, 2024 proposes to:

• Extend the limitation period to one year, with further discretionary extension in exceptional cases.

• Remove the option of conciliation before inquiry, ensuring all complaints are addressed through a formal process. 

Implications and challenges

If enacted, these amendments would strengthen access to justice and encourage more survivors to come forward. However, ICCs will need to adopt stronger documentation and evidence-preservation mechanisms, as delays may impact witness memory and record availability.

Committees must ensure procedural fairness for both parties, supported by digital record-keeping and consistent inquiry protocols.

The cumulative impact of these developments is a redefinition of POSH compliance across three dimensions:

(a) Transparency through Reporting: Companies must maintain systematic, year-round records of complaints and outcomes. Informal or undocumented resolutions are no longer tenable.

(b) Accountability through Enforcement: Every workplace must have a trained, functional ICC with documented inquiry protocols, subject to judicial and regulatory audit.

(c) Sensitivity through Awareness: Training must be regular, not ceremonial. Periodic sessions for all employees, and refresher workshops for ICC members, demonstrate genuine commitment to workplace safety.

For Employers:

• Audit and update your POSH policy to reflect recent legal and regulatory changes.

• Regularly verify ICC composition, ensuring compliance with gender and external member requirements.

• Establish a centralized complaint and inquiry dashboard to track cases and timelines.

• Conduct periodic third-party compliance audits to ensure readiness.

For ICC Members:

• Stay informed on evolving legal developments and best practices.

• Maintain transparent documentation across all inquiry stages.

• Uphold confidentiality and neutrality at every step.

• Record reasons for any procedural delays beyond statutory timelines.

India’s regulatory message is clear that the era of silent or symbolic compliance is over. By integrating POSH metrics into corporate disclosures and empowering digital oversight through judicial and technological mechanisms, the law now demands visible accountability.

However, the true success of POSH lies not in compliance alone but in cultural transformation. When leadership sets the tone, employees feel secure, and organizations move from obligation to ownership.

A safe workplace is not just a statutory mandate, it is a moral, social, and strategic imperative. The next decade of POSH will not only be about enforcement but about evolving workplace ethos toward dignity, equality, and trust.

India’s POSH framework stands at a defining moment of reform. The proposed amendments, particularly the extension of the limitation period and removal of pre-inquiry conciliation represent an important step toward a more inclusive, survivor-centric, and transparent system.

Together with enhanced corporate disclosures, judicial audits, and digital monitoring mechanisms, these measures mark a shift from policy to practice. The coming years will test not just compliance, but commitment  to build workplaces that uphold safety, respect, and justice for all.

About the author: Maryam Beg is an Associate at Gurinder & Partners.

Disclaimer: The opinions expressed in this article are those of the author(s). The opinions presented do not necessarily reflect the views of Bar & Bench.

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