How to draft an Anti-Sexual Harassment (POSH) Policy under the Prevention of Sexual Harassment Act

Learn how to draft an effective POSH policy, procedure adopted by the internal complaint committee to redress complaints, and ways to curb practical difficulties faced at the time of implementation. If you are an HR professional or an aspiring legal counsel, you will find this article useful. 

Introduction

As an HR Manager/in-house counsel for any organisation, it is your duty to ensure that your organisation stays legally compliant under all applicable laws. In recent years, one such compliance has become hotly talked about— anti sexual harassment policy, or popularly known as the POSH policy. 

The Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act 2013 (widely known as the POSH Act) mandates that every organisation, irrespective of its size, has a policy that ensures that women are safeguarded against acts of sexual harassment. 

To name a few, SriLankan Airlines, Medanta Hospitals and Ceeta Industries Ltd. faced fines for non-implementation of the POSH Act. This can be substantiated with a series of articles, as you can see below- 

So, other than protecting the spirit of the law, you also need to understand that if you are non compliant, you run the risk of paying penalties and end up in the news– adding reputational damage to it. 

In this article, I will teach you how to draft an effective POSH policy in under half an hour. And, trust me, it’s one of the easier policies to draft. You can learn a few more skills like conducting training, hearings, etc., after you have mastered this policy and take up freelance work for organisations as a POSH consultant. 

Every startup and new business house is looking for effective POSH consultants, and more importantly, for HR managers who are well-versed in policy drafting work. 

So, it is time that you upskill. I will publish a few more articles on various policy drafting that you can read later. But first, let us learn some basics. 

What is the statutory framework of the POSH policy?

1. International legal framework: 

The foundation for POSH legislation globally stems from international conventions:

• UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (to which India became a signatory in 1980) requires signatory nations to implement measures against gender-based discrimination, including workplace sexual harassment. 
• International Labour Organisation Convention C190 on Violence and Harassment (2019) specifically addresses workplace harassment and violence.

2. Indian legal framework:  

First and foremost, the POSH Act is firmly grounded in the principles enshrined in the Constitution of India, which draws constitutional legitimacy and direction from the following key provisions:

1. Constitutional foundation

• Article 14: Guarantees equality before the law and equal protection of law, thus embodying the principle of Justice and Equality (Rule of Law). 
• Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, place of birth, or any of them. 
• Article 19(1)(g): Ensures the right to practice any profession or occupation to all citizens
• Article 21: Protects the right to life and personal liberty, interpreted to include the right to dignity. 

In the effort to commit safe workplace in India, the POSH Act and the corresponding Rules published in 2013 were enacted. Below is my attempt to give you an overview of the said Act and other corresponding legislations. 

2. The POSH Act, 2013

A. Scope and coverage

• Applies to all workplaces – public, private, organised and unorganised sectors
• Protects all women (employees, clients, customers, students, research scholars, etc.)
• Defines “workplace” broadly to include transportation, business trips, and remote working
• Covers both the organised (with at least 10 employees) and unorganised sectors (with less than 10 employees).  

2. Mandatory requirements for employers

• Internal Complaints Committee (ICC) (Section 4)
• Mandatory for organisations with 10 or more employees, which includes a Presiding Officer (senior female employee), at least two employee members (preferably committed to the cause of women, or have experience in social work, or have legal knowledge), and one external member from an NGO or familiar with sexual harassment issues. 
• At least 50% of members must be women

      C. Comprehensive POSH policy shall contain the following-

• Definition of sexual harassment aligned with the Act
• Complaint and inquiry procedures
• Timeline for resolution (90 days maximum)
• Interim relief provisions
• Confidentiality requirements
• Protection against retaliation

     D. Implementation requirements

• Display notices about the policy and consequences
• Conduct regular awareness and sensitisation programs
• Provide the necessary facilities to the ICC
• Assist in securing the attendance of the respondent and witnesses
• Make information available to the ICC
• Assist the complainant in filing police complaints, if needed

     E. Annual compliance

• If a company is a registered entity under the Companies Act, proactively submit annual reports to the District Officer
• Include details of complaints received, disposed of, and pending
• Report implementation measures in the organisation’s annual report

    F. Penalties for non-compliance under the POSH Act

• Fine up to ₹50,000 for first violation
• Double penalties for repeated violations
• Potential cancellation/withdrawal of business licenses
• Potential criminal proceedings under the Bhartiya Nyay Sanhita, 2023 

    G. Supporting regulations

     The POSH Rules, 2013

• Provide a procedural framework for complaint handling
• Lays down the inquiry process
• Outline reporting requirements

     H. Other related laws

• Sections: 74 (outraging modesty), 75 (sexual harassment), 76 (assault with intent to disrobe), 77 (voyeurism), 78 (stalking) of Bharatiya Nyaya Sanhita, 2023.  
• The Information Technology Act, 2000: Covers cybercrimes, including online harassment
• Industrial Employment (Standing Orders) Act, 1946: After the Vishakha judgment, the employers are expected to treat sexual harassment at the workplace as a form of misconduct, a term explicitly defined under this Act. 

     G. Recent developments

• She-Box: This online complaint-filing platform was launched by the Ministry of Women and Child Development to address cases filed by government employees or to escalate when an internal complaint committee fails to redress. 
• Extended applicability: Some organisations have voluntarily adopted gender-neutral policies, but the POSH Act applies only to women. 
• Work from home considerations: Post-pandemic recognition of remote workplace harassment. 

How to draft a POSH policy?

Let us work with a fictitious case of Acme India Ltd. (“Acme” for short) where you are tasked with drafting a POSH policy for them. I will draft the policy for you and explain the logic in red as to why it is drafted the way it is drafted. 

Just like any other vital document, the POSH policy must be duly printed on the company’s letterhead. 

Acme India Ltd. policy on Prevention of Sexual Harassment (PoSH) of Women at Workplace

Introduction

This introduction establishes the legal foundation and ethical commitment behind Acme India Ltd.’s POSH policy. The purpose is to highlight that the policy aligns with the POSH Act, reinforces the company’s values of respect and dignity, and outlines its intent to prevent, address, and protect women against sexual harassment in the workplace.

This policy has been framed in accordance with the provisions of “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013” and rules framed thereunder (hereinafter “the Act”). Accordingly, while the policy covers all the key aspects of the Act, for any further clarification, reference shall always be made to the Act, and the provisions of the Act shall prevail.

Further, as stated in “The Acme India Business Principles”, our success is based on our people. We treat each other with respect and dignity, and expect everyone to promote a sense of personal responsibility. We recruit competent and motivated people who respect our values, provide equal opportunities for their development and advancement, protect their privacy, and do not tolerate any form of harassment or discrimination.

“Business principles” of a company serve as a moral compass of the organisation as they lay down core values, ethical standards, and professional conduct guidelines that govern how the company operates, makes decisions, and interacts with stakeholders. 

The ‘Policy on Prevention of Sexual Harassment of women at workplace: Guidelines for Acme India Limited’ intends to provide protection against sexual harassment of women at workplace and the prevention and redressal of complaints of sexual harassment and matters related to it.

Definitions

The definition clause shall form the very basis of the aggrieved employee’s case, so make sure that it is clear, comprehensive, and aligned with the POSH Act. The definition must ensure that the policy covers both quid pro quo harassment and hostile work environment, in line with legal requirements and best practices.

Harassment is said to be quid pro quo where employment decisions or benefits are directly tied to the acceptance or rejection of sexual advances. For example, a supervisor tells an employee, “If you go out with me, I will ensure that you get the promotion.”

1. Sexual harassment may occur not only where a person uses sexual behaviour to control, influence, or affect the career, salary, or job of another person, but also between co-workers. It may also occur between the Acme India Limited employee and someone that the employee deals with in the course of his/her work, who is not employed by the Company.

What actions (and sometimes inaction) amount to “sexual harassment”? State it here one by one.    

“Sexual Harassment” includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication):

1.  Any unwelcome sexually determined behaviour, or pattern of conduct, that would cause discomfort and/or humiliate a person at whom the behaviour or conduct was directed, namely:

1. physical contact and advances;
2. demand or request for sexual favours;
3. sexually colored remarks or remarks of a sexual nature about a person’s clothing or body;
4. showing pornography, making or posting sexual pranks, sexual teasing, sexual jokes, sexually demeaning or offensive pictures, cartoons, or other materials through email, SMS, MMS, etc.
5. repeatedly asking to socialise during off-duty hours or continued expressions of sexual interest against a person’s wishes;
6. giving gifts or leaving sexually suggestive objects;
7. eve teasing, innuendos and taunts, physical confinement against one’s will, or any such act likely to intrude upon one’s privacy;
8. persistent watching, following, or contacting of a person; and
9. any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature

We know the actions. Now, point out the circumstances that would amount to “sexual harassment”. 

2.  The following circumstances, if they occur or are present in relation to any sexually determined act or behaviour, amount to sexual harassment :

i.  Implied or explicit promise of preferential treatment in employment;

ii. Implied or explicit threat of detrimental treatment in employment;

iii. Implied or explicit threat about the present or future employment status;

iv. Interference with the person’s work or creating an intimidating or offensive, or hostile work environment; or

v. Humiliating treatment is likely to affect her health or safety.

The reasonable person standard is used to determine whether or not the conduct was offensive and what a reasonable person would have done. Further, it is important to note that whether harassment has occurred or not– does not depend on the intention of the people but on the experience of the aggrieved woman.

2. Aggrieved woman: In relation to a workplace, a woman, of any age, whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent and including contractual, temporary, visitors.
3. Respondent: A person against whom a complaint of sexual harassment has been made by the aggrieved woman. 
4. Employee: A person employed at the workplace, for any work on regular, temporary, ad-hoc or daily wage basis, either directly or through an agent, including a contractor, with or without the knowledge of the principal employer, whether for remuneration or not, or working voluntarily or otherwise, whether the terms of employment are express or implied and includes a coworker, a contract worker, probationer, trainee, apprentice or by any other such name.
5. Workplace: In addition to the place of work (that could be head office, branch offices, factories) it shall also include any place where the aggrieved woman or the respondent visits in connection with his/her work, during the course of and/or arising out of employment/ contract/ engagement with Acme India Limited, including transportation provided for undertaking such a journey.
6. Employer: A person responsible for management, supervision and control of the workplace

Roles & Responsibilities

The purpose of this section is to clearly outline the shared responsibility of all individuals, especially employees and managers, in preventing and addressing sexual harassment in the workplace. This helps build a culture of mutual respect, awareness, and proactive prevention.

1. Responsibilities of an individual: It is the responsibility of all to respect the rights of others and to never encourage harassment. It can be done by:

a. Refusing to participate in any activity that constitutes harassment

b. Supporting the person to reject unwelcome behaviour

c. Acting as a witness if the person being harassed decides to lodge a complaint

All are encouraged to advise others of unwelcome behaviour. Often, some behaviours are not intentional. While this does not make it acceptable, it does give the person behaving inappropriately the opportunity to modify or stop their offensive behaviour.

2. Responsibilities of Managers: All managers at Acme India Limited must ensure that nobody is subject to harassment and that there is equal treatment. They must also ensure that all employees understand that harassment will not be tolerated; that complaints will be taken seriously; and that the complainant, respondent/s, or witnesses are not victimised in any way.

Redressal mechanism 

This clause establishes the process of formally addressing complaints, ensuring there is a structured and legally compliant procedure in place for victims to seek redress.

In compliance with the Act, if the complainant’s complaint warrants formal intervention, the complainant needs to lodge a written complaint, which shall be followed by a formal redressal mechanism as described in this Policy. In case of a verbal complaint, the complaint will be reduced in writing by the receiver of the complaint, and the signatures of the complainant will be obtained.

Internal Complaints Committee (Henceforth known as ‘Committee’)

This constitutes a dedicated, qualified, and gender-balanced body responsible for receiving, investigating, and resolving complaints of sexual harassment, in accordance with the POSH Act.

To prevent instances of sexual harassment and to receive and effectively deal with complaints pertaining to the same, an “Internal Complaints Committee” is constituted at each location. The detail of the Committee is notified to all covered persons at the location (workplace).

The Committee at each location comprises:

1. Presiding officer: A woman employed at a senior level in the organisation or workplace
2. At least 2 members from amongst employees, committed to the cause of women and or having legal knowledge
3. One external member, familiar with the issues relating to sexual harassment
4. At least half of the total members are women. 
5. The Committee is responsible for:

1. Receiving complaints of sexual harassment in the workplace
2. Initiating and conducting an inquiry as per the established procedure
3. Submitting findings and recommendations of inquiries
4. Coordinating with the employer in implementing appropriate action
5. Maintaining strict confidentiality throughout the process as per established guidelines
6. Submitting annual reports in the prescribed format

Current nominated members of the Committee are given in Annexure A.

Lodging a Complaint

This section shall clarify how and when complaints can be made, who can assist, and the time limits involved. This section ensures accessibility and support even in cases where the woman is unable to file the complaint herself.

The complainant needs to submit a detailed complaint, along with any documentary evidence available or names of witnesses, to any of the Committee members at the workplace.

The complaint must be lodged within 3 months from the date of incident/ last incident. The Committee can extend the timeline by another 3 months for reasons recorded in writing, if satisfied that these reasons prevented the lodging of the complaint.

Provided that where such a complaint cannot be made in writing, the Presiding Officer or any Member of the Internal Complaint Committee shall render all reasonable assistance to the woman for making the complaint in writing.

If the aggrieved woman is unable to lodge the complaint in account of her incapacity, the following may do so on her behalf, with her written consent.

1. Legal heir, relative or friend
2. Co-worker
3. Any person having knowledge of the incident

If the initial complaint is made to a person other than a Committee member, upon receiving such a complaint, it will be the responsibility of the complaint receiver to report the same to the Committee immediately.

Wherever possible, Acme India ensures that all the complaints of harassment are dealt with speedily, discreetly, and as close as possible to the point of origin.

Receiving a complaint (guidelines)

This section promotes sensitivity and confidentiality in handling complaints, recognising that victims may be distressed. Ensures the complaint is documented respectfully and thoroughly.

Dealing with incidents of harassment is not like any other type of dispute. Complainants may be embarrassed and distressed, and it requires tact and discretion while receiving the complaint.

The following points are kept in mind by the receiver of the complaint:

1. Complaints are heard, and the complainant is informed that the Company takes the concerns seriously. Complainant is informed that these concerns will be reported to the appropriate Committee, and a follow-up will be done speedily
2. Situations should not be pre-judged. Written notes are taken while listening to the person. The complainant is allowed to bring another person to the meeting if they wish. When taking accurate notes, the complainant’s own words, where possible, are used. A clear description of the incident in simple and direct terms is prepared, and details are confirmed with the complainant.
3. All notes are kept strictly confidential. The complainant’s agreement is taken to allow proceeding with the matter, which involves a formal investigation.
4. The complainant is advised that although the process is confidential, the respondent needs to be informed, and any witnesses and persons directly involved in the complaint process will also learn of the complainant’s identity. 

Care is taken to prevent any disadvantage to or victimisation of either the complainant or the respondent

Resolution procedure through conciliation

This section provides for amicable resolution before a formal inquiry, only if the complainant requests it. It helps avoid prolonged proceedings in cases where a mutual settlement is acceptable. 

Once the complaint is received, the Committee may take steps to conciliate the complaint between the complainant and the respondent before initiating the inquiry. This is only if requested by the aggrieved woman.

It is made clear to all parties that conciliation in itself does not necessarily mean acceptance of the complaint by the respondent. It is a practical mechanism through which issues are resolved or misunderstandings cleared.

In case a settlement is arrived at, the Committee records & reports the same to the employer for taking appropriate action. Resolution through conciliation happens within 2 weeks of receipt of the complaint.

The Committee provides copies of the settlement to the complainant & respondent. Once the action is implemented, no further inquiry is conducted

Resolution procedure through formal inquiry

Needless to say, this ensures a fair, structured, and timely investigation where conciliation fails or is not preferred. It is crucial for ensuring due process and justice.

Conducting Inquiry

The Committee initiates an inquiry in the following cases:

1. No conciliation is requested by an aggrieved woman
2. Conciliation has not resulted in any settlement

The Committee proceeds to make an inquiry into the complaint within a period of 1 week of its receipt of the original complaint/closure of conciliation/repeat complaint.

Manner of inquiry into complaint:

1. The complainant should submit the complaint along with supporting documents and the names of the witnesses
2. Upon receipt of the complaint, the Committee sends 1 copy of the complaint to the respondent within 7 working days
3. Respondent replies with all supporting documents within 10 working days of receiving a copy of the complaint
4. No legal practitioner can represent any party at any stage of the inquiry procedure. 
5. The Committee inquires into the complaint in accordance with the principles of natural justice.
6. In conducting the inquiry, a minimum of three Committee members, including the Presiding Officer, are present. 

Interim relief

If a complainant seeks immediate safeguards (e.g., leave, transfer), he/she may request interim relief. This prevents further trauma or victimisation while the inquiry is ongoing.

During the pendency of the inquiry, on a written request made by the complainant, the Committee may recommend to the employer to—

1. transfer the complainant or the respondent to any other workplace; or
2. grant leave to the aggrieved woman a maximum of 3 months, in addition to the leave she would be otherwise entitled to; or
3. prevent the respondent from assessing the complainant’s work performance; or
4. Grant such other relief as may be appropriate. 

Once the recommendations of interim relief are implemented, the employer will inform the Committee of the same

Termination of inquiry

Addresses non-cooperation by either party and ensures the inquiry process does not remain in limbo. Encourages timely participation and accountability.

The Committee at Acme India Limited may terminate the inquiry or give an ex parte decision if the complainant or respondent, respectively, is absent for 3 consecutive hearings without a reasonable cause. 15-day written notice to be given to the party before termination or ex parte order

Inquiry procedure

Ensures that the inquiry follows principles of natural justice, provides equal opportunity to both parties, and maintains detailed documentation for transparency.

All proceedings of the inquiry are documented. The Committee interviews the respondent separately and impartially. The Committee states exactly what the allegation is and who has made the allegation. The respondent is given full opportunity to respond and provide any evidence etc. Detailed notes of the meetings are prepared which may be shared with the respondent and complainant upon request. Any witnesses produced by the respondent are also interviewed & statements are taken.

If the complainant or respondent desires to cross examine any witnesses, the Committee facilitates the same and records the statements.

In case complainant or respondent seeks to ask questions to the other party, they may give them to the Committee which asks them and records the statement of the other party.

Any such inquiry is completed, including the submission of the Inquiry Report, within 90 days from the date on which the inquiry is commenced. The inquiry procedure ensures absolute fairness to all parties.

Considerations while preparing an inquiry report

Outlines objectivity, credibility, and thoroughness in the assessment of evidence and testimony, helping ensure the report is fair, reasoned, and actionable.

While preparing the findings/recommendations, the following are considered:

1. Whether the language used (written or spoken), visual material or physical behaviour was of a sexual or derogatory nature
2. Whether the allegations or events follow logically and reasonably from the evidence
3. Credibility of the complainant, the respondent, the witnesses and the evidence
4. Other similar facts, evidence, e.g. if there have been any previous accounts of harassment pertaining to the respondent
5. Both parties have been given an opportunity to be heard
6. A copy of the proceedings was made available to both parties, enabling them to make representations against the findings

A copy of the final findings is shared with the complainant and the respondent to give them an opportunity to make a representation on the findings to the Committee

Action to be taken after the inquiry

Ensures the ICC’s findings lead to concrete action within a defined timeline. Offers closure to the parties and reinforces the organisation’s commitment to redressal.

Post the inquiry, the Committee submits its report containing the findings and recommendations to the employer, within 10 days of completion of the inquiry.

The findings and recommendations are reached from the facts established and are recorded accurately.

If the situation so requires, or upon request of the complainant, respondent or witness, Management at Acme India Limited may decide to take interim measures such as transfer, changing of shift, grant of leave, etc., to protect against victimisation or distress during or after the course of inquiry, pending the outcome.

Complaint unsubstantiated

Protects the respondent’s rights if the allegations are not proven, while assuring both parties that the matter has been fairly investigated and closed.

Where the Committee arrives at the conclusion that the allegation against the respondent has not been proved, it recommends to the employer that no action is required to be taken in this matter.

Further, the Committee ensures that both parties understand that the matter has been fully investigated, that the matter is now concluded and neither will be disadvantaged within the company.

Complaint substantiated

Enables disciplinary action against offenders in line with organisational policies, helping maintain workplace safety and deter future incidents.

Where the Committee arrives at the conclusion that the allegation against the respondent has been proved, it recommends that the employer take necessary action for sexual harassment as misconduct, in accordance with the applicable service rules and policies, and this may include:

1. counselling
2. censure or reprimand
3. tender an apology by the respondent
4. written warning
5. withholding promotion and/or increments
6. suspension
7. termination
8. or, any other action that the management may deem fit.

The employer at Acme India Limited acts upon the recommendations within 60 days and confirms to the Committee

Post implementation of the actions, follow up with the complainant occurs to ascertain whether the behaviour has stopped, the solution is working satisfactorily and if no victimisation of either party is occurring. This follow-up is undertaken by the complainant’s Line Manager, supported by HR.

Malicious Allegations

Discourages false or motivated complaints while balancing this with safeguards so that genuine complainants are not discouraged from speaking up.

Where, with the help of a separate inquiry, the Committee arrives at the conclusion that the allegation against the respondent is malicious or the aggrieved woman or any other person making the complaint has made the complaint knowing it to be false or the aggrieved woman or any other person making the complaint has produced any forged or misleading document, it may recommend to the employer to take action against the woman or the person making the complaint.

The action recommended should be similar to the ones proposed for the respondent in case of substantiated complaints.

While deciding on malicious intent, the Committee should consider that mere inability to substantiate a complaint need not mean malicious intent. Malicious intent must be established through a separate inquiry.

Confidentiality

Protects the privacy and dignity of all parties, maintains trust in the process, and ensures compliance with legal obligations under the POSH Act.

The identity of the complainant, respondent, witnesses, statements and other evidence obtained in the course of inquiry process, recommendations of the Committees, action taken by the employer is considered as confidential materials, and not published or made known to public or media.

Any person contravening the confidentiality clauses is subject to disciplinary action as prescribed in the act.

Assurance against retaliation

For a victim, this incident often becomes taboo. So, during the procedure for inquiry, the least we could do is protect the victim from any form of retaliation. Thus, having such a clause becomes necessary. 

1. The Company will ensure that the complainant or witnesses are not victimised or discriminated against in any manner while dealing with complaints of sexual harassment.
2. This policy seeks to encourage all employees to express freely, responsibly,

and in an orderly way, their opinions and feelings about any problem or complaint of sexual harassment. Retaliation against persons who report or provide information about sexual harassment or behaviour that might constitute sexual harassment is also strictly prohibited. Any act of reprisal, including internal interference, coercion, and restraint, by an employee, violates this policy and will result in appropriate disciplinary actions.

Appeal

Provides a legal avenue for recourse if a party is dissatisfied with the outcome or implementation of the ICC’s recommendations, reinforcing fairness and accountability.

Any party not satisfied or further aggrieved by the implementation or non-implementation of recommendations made may appeal to the appellate authority in accordance with the Act and rules, within 90 days of the recommendations being communicated.

Obligations of the Employer 

This policy is not just a symbolic or a procedural formality. It is a living and enforceable document. Therefore, it is crucial to chart out the roles and responsibilities of the employer as it builds trust and enforces responsibility. 

1. To provide necessary facilities to the internal committee for dealing with the complaint and conducting an enquiry.
2. To assist in securing the attendance of the respondent and the witness before the internal committee or the local committee, as the case may be.
3. To make available all the information to the internal committee, which may be required in connection with the complaint made.
4. To initiate action against the perpetrator under the Bhartiya Nyay Sanhita 2023, any other law, or if the aggrieved Complainant so desires, where the perpetrator is not an employee, in the workplace where the incident of sexual harassment took place.
5. To treat the sexual harassment as misconduct under the service rules and initiate action for such misconduct.
6. To monitor the timely submission of the reports by the internal complaint committee.
7. To ensure that the internal complaint committee prepares and submits an annual report.
8. To incorporate the report of the number of cases, if any, and their disposal under the Act, in the annual report of the organisation. 

Annexure 

State the names of the members of the Committee: a woman presiding officer, 3 internal members, 1 external member and an employer. Reminding you to ensure that at least 50% of the committee members are women. 

Each location/unit of Acme India Limited has a duly constituted Internal Complaints Committee (ICC), details of which can be obtained by any person by writing to any of the above-mentioned ICC members.

For your better understanding, here is an infographic explaining the grievance redressal process before the ICC:

What are the practical difficulties that one may face?

Despite an all-encompassing legal framework, organisations face numerous practical challenges when implementing POSH policies in India:

1. Formation and functioning of the ICC

• Finding qualified external members with appropriate expertise and availability
• Maintaining continuity due to employee turnover, especially in the role of presiding officer
• Training ICC members adequately on legal requirements, sensitivity, and procedural fairness
• Balancing regular work responsibilities with ICC duties for internal members
• Addressing conflicts of interest when complaints involve senior management

2. Resource constraints

• Budget limitations for training, awareness programs, and external expertise
• Time constraints in completing investigations within the 90-day timeline
• Limited HR capacity in small and medium enterprises to implement comprehensive programs
• Inadequate infrastructure for confidential meetings and document storage

3. Cultural and social barriers

a. Awareness and understanding

• Limited understanding of what constitutes sexual harassment, especially in subtle forms
• Varied cultural interpretations of appropriate workplace behaviour across regions
• Generational differences in the perception of acceptable interaction

b. Hesitation in reporting

• Fear of retaliation despite legal protection against victimisation
• Concern about career impact and being labelled as “troublemakers”
• Social stigma is associated with sexual harassment complaints
• Lack of trust in the confidentiality of the process
• Power dynamics that discourage complaints against superiors

 4. Implementation challenges/Procedural complexities

• Balancing due process with complainant protection
• Ensuring confidentiality while conducting thorough investigations
• Gathering evidence in cases with no witnesses
• Handling false or malicious complaints without discouraging genuine reporting
• Interim measure implementation that does not prejudge the case

 5. Complex workplace scenarios

• Remote work environments make monitoring and investigation challenging
• Third-party interactions with clients, vendors, or contractors
• Off-site incidents during business travel or work events
• Digital harassment through social media or messaging platforms
• Cross-cultural misunderstandings in multinational organisations

  6.Enforcement difficulties/inadequate monitoring

• Limited involvement of district officers/local committees
• Inconsistent annual reporting and follow-up
• A few inspections to verify policy implementation
• Under-resourced government machinery for enforcement

  7. Remedial actions

• Determining appropriate disciplinary measures proportionate to violations
• Reintegrating parties after complaint resolution
• Addressing the workplace atmosphere post-investigation
• Managing legal risk while implementing decisions

  8. Challenges faced in the unorganised sector

• Limited awareness about POSH Act requirements
• Absence of formal HR systems to implement policies
• Difficulty in reaching the dispersed workforce for training
• Limited literacy levels affecting policy communication

  9. Recent developments creating additional challenges

a. Pandemic-related issues

• Virtual workplace harassment is taking new forms
• Barriers to reporting during remote work
• Conducting virtual inquiries while maintaining procedural fairness
• Blurred boundaries between professional and personal spaces

b. Extended coverage considerations

• Gender-neutral application, despite the Act applies only to women
• LGBTQ+ specific concerns are not explicitly addressed in the legislation
• Intersectionality issues occur when multiple discrimination factors are involved

How to overcome such impediments

Here are some of the most tried and tested solutions that have gained widespread adoption and demonstrated effectiveness:  

1. Reporting mechanisms

• Multiple reporting channels (direct supervisor, HR, anonymous hotline) to accommodate different comfort levels
• Anonymous digital reporting platforms with two-way communication capabilities
• Clear, documented investigation procedures with defined timelines

2. Training approaches

• Interactive, scenario-based workshops rather than lecture-style compliance sessions
• Role-specific training tailored to managers vs. employees with relevant examples
• Bystander intervention training to build collective responsibility

3. Leadership accountability

• Including POSH metrics in leadership performance evaluations
• Regular data reporting to executive teams on case resolution and climate surveys
• Visible participation of senior leadership in training sessions

4. Cultural integration

• Regular anonymous climate surveys to identify department-specific issues
• Integration of respect principles into core company values and everyday practices
• Recognition programs that highlight inclusive behaviors and teams

5. Anti-retaliation measures

• Structured follow-up protocols with complainants after case resolution
• Monitoring performance reviews and work assignments following complaints
• Clear communication about confidentiality safeguards throughout the process

6. For remote/hybrid environments

• Virtual-specific conduct guidelines covering digital communications and video interactions
• Regular check-ins and structured opportunities for remote team members to raise concerns

Final thoughts

Drafting an effective POSH policy is a critical step towards fostering a respectful and safe work environment. A well-drafted policy ensures that all employees are aware of their rights and the procedures for reporting sexual harassment, while also holding perpetrators accountable. It is important to keep in mind the legal framework that governs such policies, particularly in India, to ensure full compliance.

However, simply drafting the policy is not enough. The real challenge lies in its practical implementation. As we have discussed, overcoming cultural, organisational, and logistical challenges is key to ensuring that the policy becomes an active part of workplace culture. Educating employees, providing proper training, ensuring unbiased investigations, and creating clear, accessible reporting channels are just a few ways to address these challenges.

By acknowledging the potential obstacles and proactively addressing them, organisations can create a safer, more inclusive workplace for everyone. A resilient POSH policy is an investment in the well-being of employees, the health of the organisation, and the promotion of a truly respectful and harassment-free work environment.

FAQs

1. Is having a POSH policy mandatory for all organisations?
   Yes, in most jurisdictions, organisations above a certain size (typically 10 employees) are legally bound to have a formal sexual harassment prevention policy. Even for smaller organizations, having a POSH policy is considered a best practice for creating a safe workplace.
2. How often should a POSH policy be reviewed and updated?
   It is prudent to review your POSH policy annually. Additionally, immediate reviews should be triggered by changes in relevant legislation, organisational structure, or after addressing significant harassment cases that reveal policy gaps.
3. Who should be involved in drafting the POSH policy?
   Ideally, the policy should be developed through collaboration between HR professionals, legal counsel, senior management, and employee representatives. Including diverse perspectives ensures the policy is comprehensive and practical.
4. What is the most effective training frequency for POSH policies?
   While annual training is the minimum standard, organisations with the most effective programs supplement this with quarterly refreshers, new hire onboarding modules, and “just-in-time” microlearning. Management typically requires more frequent and in-depth training.
5. How can we measure if our POSH policy is practically working?
   Effective measurement includes tracking and reporting patterns (not just total numbers), monitoring anonymous climate surveys, analysing exit interview feedback related to workplace respect, and assessing the time to resolution for reported cases.
6. Is online/virtual training as effective as in-person training for POSH awareness?
   A blended approach works best. While virtual training can effectively deliver information, in-person or live virtual sessions with interactive elements show better results for changing behaviours and building skills like bystander intervention.
7. Do all complaints need to undergo the same formal investigation process?
   Maybe not. Minor issues might be addressed through informal resolution if the complainant prefers this approach. However, all formal complaints should follow the structured investigation process outlined in the policy.
8. What is a reasonable timeframe for completing a POSH complaint investigation?
   Best practice is 30-45 days maximum from complaint to resolution, with 2-3 weeks being ideal for most cases. The policy should specify timeframes for each stage (initial response, investigation, decision, appeals) with provisions for complex cases.
9. How should organizations handle anonymous complaints?
   Anonymous complaints should still be investigated to the extent possible. While limited information may constrain the investigation, organizations should assess if the complaint reveals systemic issues and take appropriate preventive actions.
10. How should POSH policies address harassment from external parties (clients, vendors)?
    Comprehensive policies include procedures for addressing harassment from third parties. This includes reporting mechanisms, support for affected employees, and clear organisational responses like restricting contact or terminating business relationships.
11. Does a POSH policy need special provisions for remote or hybrid workplaces?
    Yes, effective policies now explicitly cover digital communications, virtual meetings, and harassment occurring in remote work contexts. They should specify appropriate online behaviour (e.g., rules for video call etiquette or handling inappropriate digital messages) and how to report virtual misconduct.
12. How should organisations handle the cross-border implications of POSH policies for multinational operations?
    Organisations should develop a global framework that meets the highest applicable standards while creating market-specific addendums to ensure compliance with local laws. Regular consultation with local legal experts is essential for multinational POSH policies.
13. Can an organisation’s POSH Policy be gender neutral?

Yes. Organisations can have a gender-neutral policy that allows employees of any gender to file a complaint of sexual harassment with the ICC. However, it is to be noted that when there is a sexual harassment complaint from a man or third gender, the powers granted to the ICC will not be applicable, and in such a case, the organisation’s grievance redressal mechanism shall step in.