A workplace where everyone feels safe, respected and empowered to bring their best selves to the table. A workplace free from fear, discrimination, and harassment.
This is the vision that the Prevention of Sexual Harassment of Women at Workplace (POSH) Act, 2013 aims to achieve.
But despite being in force for over a decade, many organizations are yet to comply with its mandates fully.
Recently, the Supreme Court of India has stepped up to ensure that this changes—and fast.
In a landmark move, a bench comprising Justices BV Nagarathna and N Kotiswar Singh issued a directive to bolster the effective implementation of the POSH Act.
Here’s everything you need to know about the Court’s directions and why this could be a game-changer for workplaces across the country.
Why the Supreme Court’s Intervention Matters
The POSH Act mandates that all workplaces, whether in the public or private sector, set up an Internal Complaints Committee (ICC).
The ICC serves as a cornerstone for addressing complaints of sexual harassment, ensuring a fair, sensitive, and legally compliant mechanism for women to voice their grievances.
Yet, the reality is disheartening. Many organizations especially smaller private firms and unregulated sectors have failed to establish ICCs.
Some lack awareness; others display sheer negligence.
This gap in compliance undermines the very essence of the Act, leaving countless women without a reliable channel for justice.
Recognizing this widespread non-compliance, the Supreme Court has ordered a nationwide survey to identify workplaces yet to implement ICCs.
The Supreme Court’s Directives at a Glance
Here’s what the Court has instructed:
- Nationwide Survey on ICC Formation:
The Court has tasked the chief secretaries of all states and union territories to conduct a comprehensive survey. This will map out public and private institutions that are yet to establish ICCs. - Focus on Awareness and Accountability:
The survey isn’t just about data collection; it’s a step toward holding non-compliant entities accountable. Once identified, these institutions are expected to prioritize compliance immediately. - Periodic Reporting to the Court:
State governments are required to submit progress reports to the Supreme Court, ensuring that this initiative doesn’t lose momentum.
Why This Directive Is a Wake-Up Call
The lack of ICCs is not just a legal lapse; it’s a glaring failure in creating equitable workplaces.
For women facing harassment, the absence of an ICC often means enduring their trauma in silence.
By tightening the reins, the Supreme Court is sending a loud and clear message: non-compliance is not an option.
This intervention holds a mirror up to organizations, compelling them to introspect on their policies and practices.
It’s no longer enough to just tick boxes on compliance reports. The focus is shifting to creating tangible, positive change in workplace culture.
What Does This Mean for Employers?
If you’re an employer reading this, here’s what you need to do immediately:
1. Set Up or Strengthen Your ICC
- Ensure that your ICC is constituted as per the POSH Act’s guidelines.
- Include a presiding officer (a senior woman employee), two members familiar with social issues or legal know-how, and an external member from an NGO or similar background.
- Provide the ICC with adequate resources and training to handle complaints effectively.
2. Conduct Awareness Campaigns
Many employees, especially in smaller firms, remain unaware of the POSH Act and its protections.
- Organize workshops, training sessions, and seminars to educate employees about the law.
- Display the Act’s provisions prominently in your workplace to encourage reporting of misconduct.
3. Regularly Audit Compliance
Make compliance with the POSH Act a regular part of your organization’s audits.
This not only ensures you’re adhering to the law but also demonstrates your commitment to a harassment-free workplace.
What’s at Stake for Employees?
For employees, especially women, the Supreme Court’s directive is a beacon of hope. It reinforces the idea that justice is accessible and that their voices matter. But it also places responsibility on employees to stay informed and take action.
- If your organization doesn’t have an ICC, speak up. Raise the issue with HR or management.
- Familiarize yourself with the POSH Act’s provisions to know your rights.
Remember, a workplace culture of respect begins with awareness and dialogue.
Challenges Ahead
While the Supreme Court’s move is commendable, implementing it on the ground is no small feat.
- Resource Limitations: Smaller organizations may struggle with finding qualified members for their ICCs or allocating funds for training.
- Resistance to Change: In industries steeped in traditional hierarchies, the idea of an ICC may face pushback.
Despite these challenges, the directive is a step in the right direction.
By involving state authorities, the Court has created a robust framework for ensuring accountability and progress.
The Bigger Picture
This directive isn’t just about compliance.
It’s about fostering a cultural shift in how workplaces address and prevent harassment.
The goal isn’t to create a climate of fear for employers but to build an environment where everyone feels secure and respected.
The POSH Act was a bold step toward gender equality in workplaces.
The Supreme Court’s renewed focus on its implementation reaffirms that the fight against harassment is far from over—and that every stakeholder has a role to play.
A Call to Action
This isn’t just a legal update; it’s a wake-up call for employers, employees, and policymakers alike.
Employers, take this opportunity to revisit your policies and ensure compliance.
Employees, educate yourselves and hold your organizations accountable. Together, let’s create workplaces that uphold dignity and justice for all.
As the survey unfolds and progress reports start rolling in, one thing is certain: the Supreme Court’s intervention is a powerful reminder that the law isn’t just about enforcement it’s about empowering people to create safer, fairer spaces for everyone.
Let’s seize this moment to be part of the change.
After all, every step toward justice is a step toward a better future.