The law and practice around workplace sexual harassment in India have entered a new phase. Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) and related rules, organisations must no longer treat compliance as a checkbox exercise; instead, they are required to show concrete evidence of functioning systems, robust internal complaint committees, training, and transparent records. As courts demand proof and regulations tighten, the shift from paperwork to practice is unmistakable.
One of the most significant changes is the updated disclosure requirement under the Companies (Accounts) Second Amendment Rules, 2025. Where previously companies only needed a brief statement that they were “compliant” with the POSH Act, the amendment now mandates detailed data: how many complaints were filed, how many resolved, pending matters, the number of awareness-and-training sessions, and whether the recommendations of the internal committee were actually implemented. The board of directors is squarely in the spotlight, accountable not just to regulators but to employees and shareholders alike.
At the same time, the courts have made clear that “compliance” must be backed by evidence—records of the internal committee (ICC), training logs, documentation of investigations and resolutions. For instance, in the decision of Aureliano Fernandes v. State of Goa & Others, the Supreme Court of India held that companies need to furnish proof of POSH compliance within six weeks when called upon, signalling that accountability isn’t optional.
The role of the ICC has also been redefined. For any workplace with ten or more employees, forming an ICC is mandatory. But the new standard is that the ICC must be more than a paper committee. It must have a confidential complaint mechanism, conduct enquiries within ninety days, maintain thorough records, recommend clear outcomes and offer interim relief when needed. Many organisations are now going beyond minimum compliance: conducting mock enquiries, refresher training, external audits of ICC functioning, and making sure the committee truly functions as a fair forum.
A key question in recent case law is: what constitutes a “workplace”? The ruling in Yogamaya M.G. v Political Parties dealt with whether a freelancing or gig arrangement falls under the POSH Act’s protection. The court held that informal settings may not automatically count as “workplace”, posing a challenge for women in non-traditional employment. The broader takeaway: organisations and legal advisors must carefully assess whether an environment qualifies as a workplace under the statute and ensure protections are extended accordingly.
For employees, especially those making complaints, these 2025 reforms have practical implications. A survivor expects confidentiality, fairness, the ability to see real action, not simply an HR tick-box. Transparent, well-documented procedures build trust. For the accused too, clearly defined procedures and timelines provide predictability and fairness to the process. When companies treat POSH as culture-building rather than mere compliance, everyone benefits: dignity is protected, organisational credibility is reinforced, and safer workplaces become the norm rather than the exception.
However, the reforms also bring responsibilities. Organisations must ensure safe reporting channels and document every training, complaint, inquiry and outcome. They must check that ICCs are properly constituted (including an external member), conduct annual audits of the POSH process, and publish disclosures as required. The fact that companies must now report training, investigation outcomes and pending cases signals a broader shift: compliance is being reframed as transparency and accountability.
In sum, 2025 marks a turning point in India’s approach to workplace sexual harassment. The emphasis is shifting from formal compliance to functional protection. The law now demands traceable evidence, faster and fairer resolution of complaints, and a culture-driven approach to dignity at work. Organisations that align with this ethos reinforce their integrity and safeguard their people; those that treat POSH as an afterthought may find legal risks and reputational costs mounting.
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Caption: People participate in a mass awareness campaign on the prevention of sexual harassment at the workplace on the ‘International Day against violence against Women’ in Kolkata, Saturday, November 25, 2023. (Photo: IANS/Kuntal Chakrabarty)
