The National Commission for Women (NCW) on Friday issued a nationwide advisory directing all states and Union Territories to mandate annual POSH audits, establish monitoring mechanisms and ensure stricter implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Background of the Advisory
The advisory was issued to chief secretaries and director generals of police of all states and UTs. It comes amid heightened scrutiny of workplace safety mechanisms following the NCW’s inquiry into complaints by women employees at the Tata Consultancy Services’ Nashik office. The commission’s fact-finding committee had flagged serious shortcomings in POSH compliance and workplace grievance redressal systems, prompting calls for stronger enforcement of the law.
The advisory has also been circulated to district magistrates and senior superintendents and commissioners of police for implementation at the district level.
Key Recommendations
NCW chairperson Vijaya Rahatkar said women should never have to choose between their dignity and livelihood, and that every workplace must be a space of safety, respect and equal opportunity. “Effective implementation of the POSH Act is a collective responsibility to ensure women’s empowerment and not merely a legal obligation,” she said.
The commission has recommended key measures including establishment of state-level POSH monitoring cells or digital compliance dashboards to track implementation of the law. States and UTs have also been directed to conduct periodic reviews and issue guidance to establishments and district authorities.
Mandatory Annual POSH Audits
A major recommendation is mandatory annual POSH audits for all establishments employing 10 or more people. The audits would assess legal compliance, constitution and functioning of internal committees (ICs), status of complaints, confidentiality safeguards, workplace safety infrastructure, awareness programmes, mandatory disclosures and use of the government’s SHe-Box portal. Failure to conduct such audits would be treated as non-compliance.
The commission has also advised states to notify district officers under the POSH Act in every district. These officers would serve as nodal authorities to implement, monitor, generate awareness and for redressal of grievance.
Constitution of Internal Committees
State WCD officials said all government departments, PSUs, boards, corporations, educational institutions, hospitals, local bodies and private establishments employing 10 or more people have been directed to constitute ICs in every office, branch and unit. “The committees must be headed by a woman presiding officer, include an external expert and have at least 50% women members,” added a district WCD member.
Strengthening Local Committees for Informal Sector
In order to improve access to justice for women in the informal sector, the NCW has called to strengthen local committees that deal with complaints from domestic workers, women employed in establishments with fewer than 10 workers and other unorganised-sector employees. District administrations have also been advised to appoint nodal officers at block, tehsil, taluka, ward and municipal levels.
The advisory mandates public disclosure of details relating to ICs, local committees, nodal officers, complaint procedures, contact numbers and grievance mechanisms. Employers have been directed to ensure timely disposal of complaints, maintain confidentiality, submit annual reports and implement committee recommendations promptly.
Other Recommendations
- Regular POSH sensitisation and training for IC members
- Greater adoption of the SHe-Box portal for complaint registration and tracking
- Special focus on schools, colleges, universities, hostels and hospitals
- Zero tolerance for sexual harassment
- Stronger safety and surveillance measures
- District-level monitoring to identify and act against non-compliant establishments
- Focus on creating safer, more inclusive workplaces for women
