Beyond Compliance: Why Internal Complaints Committees Remain the Weak Link in the PoSH Act, 2013

Introduction:

More than a decade after the enactment of the Prevention of Sexual Harassment of Women at Workplace Act, 2013 (PoSH Act), workplace sexual harassment remains significantly underreported in India. The landmark law created a legal framework to protect women’s right to a safe and dignified workplace through a structured approach to preventing, banning, and redressing sexual harassment in the workplace. The primary instrument for this is the Internal Complaints Committee (ICC), responsible for receiving complaints, conducting inquiries, and holding accountable those responsible for sexual harassment in the workplace. The ICCs will work effectively only if they provide adequate legal protection, receive adequate training, are free from institutional bias, have proper independence, and are subject to sufficient compliance oversight; wherever the ICC does not function correctly, the legislative objectives for which it was established may not be met. This article argues that the principal weakness of the PoSH Act lies not in its legislative framework but in the ineffective functioning of Internal Complaints Committees and the broader enforcement challenges surrounding them.

Legal Framework of PoSH Act (2013):

In India, the Prevention of Sexual Harassment (POSH) of Women at Workplace Act was introduced in 2013 to address this issue and create a safer and more conducive work environment for women. The POSH Act is a significant step towards ensuring that women are not subjected to SH in the workplace. The backbone of the Act is the Internal Complaints Committee, which is responsible for receiving, investigating, and resolving complaints of workplace sexual harassment. The effectiveness of the PoSH framework therefore depends heavily on whether ICCs function independently, fairly, and efficiently. This committee should comprise at least one external member who has knowledge and experience in dealing with cases of SH. The POSH Act is applicable to all workplaces, whether public or private, and covers all women, including temporary, contractual, and even interns.[1] The act mandates that all employers should conduct awareness programs and training sessions for employees to create a gender-sensitive work culture. The act also requires employers to display the details of the ICC at a prominent place in the workplace, making it easily accessible for women who want to lodge a complaint. By giving them a place to air their complaints and ensuring that they are heard and taken seriously, the POSH Act has been instrumental in empowering women. It has contributed to the development of a welcoming workplace where women are at ease and self-assured in their positions.

Implementation and Practical Challenges:

The POSH Act came into force in 2013. It was a major improvement over the existing Vishaka Guidelines. However, in the past twelve years, very little progress has been made when it comes to justice for women at the grassroot level.[2] The awareness needs to be spread far and wide. It needs to be spread deep within the interiors of India. The vastness of the country itself makes it a huge task.

The dependence of the PoSH framework on ICCs creates a structural vulnerability. Where committees are improperly constituted, inadequately trained, or influenced by workplace hierarchies, the entire redressal mechanism becomes ineffective. In such circumstances, the existence of legal rights does not necessarily translate into meaningful protection for employees.

While the PoSH Act, 2013 has laid down a robust legal framework to protect women from sexual harassment at workplaces, its implementation remains uneven and inconsistent across sectors. Many organizations, especially in the unorganized and informal sectors, either lack properly constituted Internal Complaints Committees (ICCs) or have committees that exist only on paper. Even in formal institutions, the effectiveness of ICCs is often undermined by bias, lack of independence, and inadequate training of members. A major challenge lies in the underreporting of cases. Victims frequently refrain from filing complaints due to fear of retaliation, victim-blaming, or potential damage to their careers. In smaller organizations, hierarchical power structures discourage women from speaking up against senior officials. Moreover, the absence of external oversight mechanisms to ensure compliance has allowed several employers to neglect their legal responsibilities under the Act.[3]

Awareness about the provisions of the PoSH Act also remains limited. Many employees and employers are unaware of the procedures for filing and resolving complaints. Although the Act mandates regular training and sensitization programs, these are often treated as a mere formality. Confidentiality requirements, while essential, sometimes lead to opacity in proceedings and hinder transparency in outcomes.

The problem is therefore not the absence of legal protection but the absence of effective enforcement. A rights-based framework cannot achieve its objectives when victims lack confidence in the institutions responsible for enforcing those rights.

Judicial Interpretations and Case Laws:

Judicial interpretation has played a crucial role in shaping the framework for addressing sexual harassment at the workplace in India. Even before the enactment of the PoSH Act, the Supreme Court in Vishaka v. State of Rajasthan (1997) laid the foundation for legal protection against workplace harassment by recognizing it as a violation of women’s fundamental rights under Articles 14, 15, and 21 of the Constitution.[4] The Court also issued the Vishaka Guidelines, which served as a precursor to the 2013 legislation. In Shanta Kumar v. Council of Scientific and Industrial Research (2015), the Delhi High Court clarified that not all forms of personal interaction constitute sexual harassment unless the conduct is sexually coloured or humiliating.[5]

While judicial intervention has strengthened the legal framework governing workplace sexual harassment, courts alone cannot compensate for institutional failures in implementation. The effectiveness of the PoSH Act ultimately depends on the quality and independence of Internal Complaints Committees.

Reforming Workplace Accountability:

Strengthening the PoSH framework requires moving beyond formal compliance. Mandatory training of ICC members, periodic external audits, greater transparency in compliance reporting, and stricter penalties for non-compliance would improve accountability. Independent oversight mechanisms could further ensure that Internal Complaints Committees function fairly and effectively. Without such reforms, the objectives of the PoSH Act risk remaining largely aspirational. Moreover, the ICC should not only comply with the statutory requirements[6] but should also comply with one of the principles of natural justice, i.e., ‘nemo judex in causa sua’ which means that no one should be a judge in their own case.[7]

It is also important for employers to regularly train their IC members on the nuances of the POSH Act and investigation formalities. In order to keep litigation at bay, a comprehensive understanding of the interpretation being adopted by courts in India and the ability to look at things from the lens of the judiciary, is necessary. While employers have in general been following the process of educating/training their IC members on the POSH Act, as a next step, the IC members should be kept abreast of the latest judicial interpretations, so as to avoid any potential mistakes which could end up creating litigation and reputational risks for the employer.[8]

Conclusion:

The Prevention of Sexual Harassment (POSH) of Women at Workplace Act in India is a landmark legislation that seeks to address this problem by providing a legal framework for preventing and redressing Sexual Harassment. However, effective implementation of the law requires a concerted effort by organizations to create a culture that values diversity and inclusivity, challenges traditional gender roles, and provides bystander intervention training. Research on the topic suggests that organizational factors, individual characteristics, and bystander intervention all play a role in preventing SH in the workplace. Organizations need to recognize the importance of these factors and take steps to address them. Creating a safe and respectful workplace culture requires a sustained effort that involves not only legal compliance but also a commitment to changing attitudes and behaviours. The future effectiveness of the PoSH Act depends not on the creation of additional legal rights but on ensuring that Internal Complaints Committees function as genuine mechanisms of accountability. Until ICCs become independent, adequately trained, and properly monitored, compliance with the Act risks remaining a matter of form rather than substance.

Reference(S):

[1] Mahapatra, S., Roy, K., Kaur, Y., Sharma, S., and Banerjee, D. (2024). Sexual Harassment at Workplace Act, 2013: A Review, Journal of Visual and Performing Arts, 5(6). Pp. 2067

[2] Tulsiann, P. C., & Gupta, S. (2022). Local Complaints’ Committees under the Sexual Harassment of Women at Workplace Act: Key to Gender Justice at Grassroot level. GYAN MANJUSHA JOURNAL  an International Multidisciplinary Journal, 18(18). Pp. 175

[3] Mahapatra, S., Roy, K., Kaur, Y., Sharma, S., and Banerjee, D. (2024). Sexual Harassment at Workplace Act, 2013: A Review, Journal of Visual and Performing Arts, 5(6). Pp. 2069

[4] Verma, J. S., Manohar, S. V., Kirpal, B. N., Fali Sam Nariman, Meenakshi Arora, Niti Dixit, T.R. Andhyarujina, Solicitor General, Mukul Mudgal, Suvira Lal, C.V. Subba Rao, K.S. Bhati, & M.K. Singh. (1997). Vishaka and Ors. vs. State of Rajasthan and Ors.

[5] Admin, & Admin. (2024, March 17). EXAMINING SHANTA KUMAR v. SCIENTIFIC AND INDUSTRIAL RESEARCH (CSIR) AND ORS. DELHI HIGH COURT WRT POSH – Legal Vidhiya. Legal Vidhiya -.

[6] The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, § 4, No. 14, Acts of Parliament, 2013 (India).

[7] Pratyush Kumar Singh, Beyond Formation: Is the establishment of ICC enough to comply with the requirements of the POSH Act?, (Nov. 19, 2025), Bar and Bench

[8] Vaishnavi Shirguppi, Law Reforms In Sexsual Harashment Of Women At Workplace, International Journal for Legal Research and Analy (June 14, 2023).