'No Complaints Yet': WCD Warns Strict Action Against Organisations Violating POSH Act

The Women and Child Development (WCD) department has issued a strong warning to organisations that fail to comply with the POSH Act—Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 even as it revealed that no complaints have been received so far.

Penalties for Non-Compliance

Speaking to the FPJ, WCD chief Nayna Gunde said, “Any organisation found violating the Act may face a penalty of up to Rs 50,000. For repeated non-compliance, the fine may be doubled, and the department may even revoke the organisation’s licence. Repeated violations are treated as a serious offence under the Act.”

Despite the Act being in place for more than a decade, several organisations especially in the unorganised and small-scale sectors—are yet to fully comply. Officials said the district officer (deputy collector) can inspect compliance, call for records and initiate action against erring companies. Once a complaint is filed, an inquiry must be completed within 90 days, followed by action based on the Internal Committee’s recommendations.

Compliance Gaps Persist in Smaller Units

Dr Anagha Sarpotdar, social science consultant, said, “Bigger corporations generally follow the Act, but small and medium firms may fail to comply.” She clarified that the absence of complaints with the WCD does not imply lack of awareness. “Most complaints are filed with the Local Committee, which functions independently of the employer. Women usually approach these panels after being dissatisfied with the Internal Committee’s decision.”

Harassment Cases Often Ignored in Unorganised Sector

Activist and advocate Abha Singh described workplace harassment as “one of the most insidious challenges for women.” She said compliance with the Act is both a legal mandate and a moral responsibility. Citing an example from Tamil Nadu, she highlighted how a young supervisor’s complaint was dismissed as a “personal issue” by a manufacturing unit that lacked the mandatory Internal Committee. Action was taken only after media intervention and the involvement of the district officer, she said, stressing that inaction harms both the victim and the organisation’s credibility.

Offering a balanced view, social activist Priti Patkar remarked, “Smaller organisations may need support, and punitive action every time is not necessary.”

Need for Stronger Awareness and Monitoring

Women’s activist Sony Gill emphasised the need for awareness and effective implementation. “How the committees deliver justice is also important. This is something the WCD should monitor,” she said. She added that the unorganised sector—ranging from small shops to production units—suffers from lack of data and awareness. “Many women do not know whom to approach and often go directly to the police. Here, the role of the WCD’s Local Committees becomes extremely important.”

Wide Ambit of the POSH Act

Officials noted that the POSH Act covers not only government and private companies but also educational institutions, hospitals, NGOs, sports bodies, entertainment industry outfits, service providers and even households employing domestic workers. It extends to any place visited by an employee during the course of work, including travel, field visits, off-site meetings and official transport.

Every organisation with one or more employees falls under the Act’s jurisdiction. Interns, volunteers, clients and visitors are also protected if incidents occur at the workplace.

Internal Committee Structure and Responsibilities

Every organisation with 10 or more employees must constitute an Internal Committee, headed by a senior woman employee. If unavailable, a woman from another branch may preside. At least half the Committee members must be women.

Other mandatory members include:

two employees committed to women’s causes or with legal/social experience

an NGO representative or person knowledgeable about sexual harassment issues

Members can serve up to three years, and the external member must be paid by the employer.

In establishments with fewer than 10 employees, complaints are handled by the District-Level Local Committee.

Mandatory Display, Awareness Sessions and Annual Reports

Organisations must display Internal Committee details prominently and conduct regular POSH training. An annual POSH compliance report must be submitted to the district officer.

Officials cautioned that revealing the identity of the complainant, respondent or inquiry details is punishable. Employers must support complainants with leave, transfers or protection during the inquiry.

The Gazette also states that committees may recommend action against complainants filing false complaints based on forged or misleading documents, though no action is taken merely because a case cannot be proven.

Call for Gender-Neutral Framework

Amit Deshpande, founder of Vaastav Foundation, argued that the Act is not gender-neutral. “The word ‘women’ should be replaced with ‘person’. In 77 countries, including Pakistan, workplace sexual harassment laws are gender-neutral,” he said. He added that earlier surveys suggested men were also highly vulnerable to workplace harassment. “There is not a single platform to address sexual harassment against men,” he said.

Budget Advertisement: To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/