Statutory Framework Governing Employer Obligations
The PoSH Act applies to all workplaces, whether in the public or private sector, organised or unorganised, including offices, factories, industries, educational institutions, hospitals, startups, and even virtual workplaces. Under the Act, employers are legally bound to:
- Prevent acts of sexual harassment;
- Prohibit such conduct through policies and disciplinary mechanisms
- Provide a robust and time-bound redressal mechanism through IC (Internal Committee)
- Register the organisation under She Box portal an online complaint management system launched by the Ministry of Women & Child Development to facilitate reporting of sexual harassment complaints.
- Filling of Annual Report to the District Officer.
Legal Consequences of Non-Compliance
Non-compliance with the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 exposes employers to significant statutory, civil, and regulatory consequences. Under Section 26 of the Act, an employer may be subjected to a monetary penalty of up to Rs. 50,000/- for failure to constitute an Internal Committee, non-adherence to inquiry procedures, non-filing of annual report, or violation of prescribed duties. In cases of repeated contraventions, the Act empowers authorities to impose enhanced penalties, including cancellation or non-renewal of licenses, registrations, or statutory approvals required for carrying on business.
Failure to ensure a safe workplace amounts to a violation of constitutional rights under Articles 14, 15, and 21 of the Constitution of India, thereby exposing employers to writ proceedings, reputational damage, and long-term governance risks.
What Constitutes Non-Compliance under the PoSH Act?
Non-compliance under the PoSH Act is both procedural and substantive in nature. It includes failure to establish statutory mechanisms as well as improper handling of complaints.
- Failure to Constitute an Internal Committee (IC): Every workplace employing ten (10) or more employees must constitute an Internal Committee. The IC is the foundation of the redressal mechanism under the Act. Non-constitution of the IC or treating the IC as an informal or ad-hoc body, is amounts to non-compliant.
- Absence or Defective PoSH Policy: The Act mandates employers to formulate, notify, and disseminate a written PoSH Policy. The policy must clearly define sexual harassment, outline complaint procedures, specify inquiry timelines, and prescribe disciplinary actions. Failure to adopt, circulate, or update the Policy amounts to preventive non-compliance, weakening the employer’s legal defence in the event of litigation.
- Failure to Conduct Mandatory PoSH Training and Awareness Programs: Employers are obligated to conduct regular awareness programs for employees and legal training for IC members. Non-conduct or superficial conduct of training defeats the preventive objective of the Act and frequently results in procedural irregularities during inquiries.
- Failure to register on SHe-Box Portal: The Ministry of Women and Child Development has introduced the Sexual Harassment Electronic Box (SHe-Box) as a centralized digital platform for lodging and monitoring complaints of sexual harassment at the workplace. Every organisation is obliged to register on the portal. It functions as an additional governance tool enabling regulatory visibility and ensuring that complaints are formally tracked and escalated to the appropriate authority. Failure to do so may invite regulatory scrutiny and statutory consequences under the PoSH Act.
- Failure to File Annual POSH Compliance Reports: Employers are required to mention PoSH compliance details in their annual report, then submit an annual report to the District Officer. Non-filing reflects regulatory negligence and may invite scrutiny by the authorities.
Ensuring POSH Compliance
- Constitute an Internal Committee
- Engage qualified and experienced External Members
- Registration on SHe-Box portal
- Conduct PoSH training programs
- Ensure timely and impartial inquiries
- Maintain proper records and documentation
- Submit annual compliance report to the District Officer.
Conclusion
Non-compliance with the PoSH Act is not a technical irregularity but a serious legal violation with statutory, constitutional, and reputational implications. Employers must adopt a proactive compliance framework and treat PoSH obligations as an integral component of corporate governance. For assistance approach a Corporate Lawyer in Gurugram for proper complaince .
