1. Supreme Court Orders Stronger Implementation of POSH

In December 2024, the Supreme Court of India issued a directive requiring all government offices and public sector enterprises to establish Internal Complaints Committees (ICCs). These committees are responsible for handling complaints related to workplace harassment and ensuring timely resolutions.

Why is this important?

• Many government institutions lacked properly functioning ICCs, creating challenges for victims to report harassment.
• This order makes it mandatory for every government organisation to form and maintain an ICC.
• Organisations failing to comply may face legal action, penalties, and reputational damage.

Key Requirements of ICCs:

• ICCs must include a senior female employee, an external expert (such as an NGO member), and other internal members.
• Complaints must be resolved within 90 days to ensure timely justice.
• Companies must submit annual compliance reports regarding their ICC's functioning.

2. Madras High Court Expands Definition of Sexual Harassment

On January 23, 2025, the Madras High Court ruled that sexual harassment is determined by how the victim feels rather than the accused's intent. This ruling strengthens the POSH Act's victim-centric approach.

What does this mean for workplaces?

• Intent doesn't matter: Even if someone claims they did not mean to harass, the focus will be on how the victim perceives the behaviour.
• Broader scope: Inappropriate gestures, verbal comments, unwelcome advances, and online misconduct (e.g., sending explicit messages) now clearly fall under sexual harassment.
• Higher responsibility for employers: Companies must educate employees about respectful workplace behaviour through mandatory awareness programs.

Implications of the Ruling:

• Courts will now assess harassment claims based on the victim's experience rather than requiring proof of intent.
• Employees should be mindful of their words, actions, and digital communication in professional spaces.
• Organisations must revise their POSH policies to align with this interpretation of the law.

3. SHRM Report Highlights Common POSH Compliance Failures

On January 28, 2025, the Society for Human Resource Management (SHRM) released a study identifying seven key gaps in how companies are implementing the POSH Act.

Common Mistakes Companies Make:

• Lack of Awareness Programmes: Many employees are unaware of their rights and reporting mechanisms.
• Poorly Constituted ICCs: Some organisations fail to include external experts, leading to biased enquiries.
• Irregular Training: POSH training sessions are mandatory but often neglected.
• Failure to Maintain Confidentiality: Mishandling complaints can lead to workplace retaliation against victims.
• Confusing Complaint Procedures: Employees struggle to understand where and how to report harassment.
• Delayed Resolutions: Some companies take longer than the stipulated 90 days to resolve complaints.
• Non-Compliance in Smaller Businesses: Many small enterprises lack structured POSH policies altogether.

Recommendations for Organisations:

• Conduct mandatory annual training sessions for all employees.
• Ensure ICCs are correctly formed with independent members.
• Maintain strict confidentiality to protect complainants.
• Establish clear and accessible reporting mechanisms for employees.
• Perform regular policy audits to remain compliant with legal requirements.

4. What Should Employers and Employees Do?

For Employers:

• Implement mandatory POSH training during onboarding and at regular intervals.
• Ensure ICC members are trained and impartial in handling cases.
• Establish a safe and transparent complaint system with easy access for employees.
• Proactively address workplace behaviour issues before they escalate into complaints.

For Employees:

• Be aware of your right to a harassment-free workplace.
• Report any unwelcome advances, offensive remarks, or inappropriate behaviour—whether in person or online.
• Document incidents (emails, texts, or witness accounts) to strengthen your case if needed.
• Follow up with your organisation's ICC if your complaint is not addressed within 90 days.
• Seek legal support if your workplace does not comply with the POSH Act.

5. Conclusion: The Path Forward

The latest developments in POSH laws emphasise the importance of creating safer workplaces. With the Supreme Court's directive for stronger ICCs, the Madras High Court's victim-first approach, and SHRM's insights on compliance failures, organisations must take proactive measures to align with the law.

Employers and employees alike must work together to foster a workplace environment where harassment is not tolerated. Proper education, enforcement, and compliance will lead to a more inclusive and respectful professional space.

Final Takeaway:

Know your rights. Speak up against harassment. Demand compliance. Together, we can create a safer workplace for all.