POSH compliance built into everyday workplace practice
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 places a set of specific, non-negotiable obligations on every organisation that meets the Act's threshold criteria — most notably the requirement to constitute an Internal Complaints Committee (ICC) at each office or branch with ten or more employees, and to adopt a POSH policy that is communicated to all employees.
POSH policy drafting is more than a formality: an effective policy needs to clearly define the categories of prohibited conduct, set out the complaint mechanism, specify the composition and functioning of the ICC, and lay out the timelines the Act prescribes for each stage of the inquiry process — timelines that are strictly monitored, since delay in constituting an inquiry or completing it within the statutory period can itself expose an organisation to regulatory consequences.
Constituting the ICC correctly is a frequent point of oversight for organisations. The Act requires the Committee to include a Presiding Officer who is a senior woman employee, at least two employee members with a demonstrated commitment to the cause of women or relevant experience, and — critically — an external member from an NGO or association committed to the cause of women, or someone familiar with issues relating to sexual harassment. This practice assists organisations both with constituting a compliant ICC and, separately, with serving as the external member where the firm is engaged in that capacity.
Where a complaint is raised, the practice supports organisations through the investigation process — advising the ICC on procedure, natural justice requirements, and the preparation of a reasoned inquiry report — and separately advises on the broader compliance and risk considerations that follow from a complaint, including an organisation's obligations under the Act's annual reporting requirements to the District Officer.
POSH compliance failures carry both legal exposure and reputational consequences for an organisation, and the appropriate approach depends on the organisation's size, structure, and the specific facts of any complaint that arises. This is a general description of statutory requirements under the POSH Act and is not a substitute for organisation-specific compliance advice.
