Minimising Legal and Reputational Risk.
Compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH law) is no longer optional or symbolic. Regulators and courts are taking a strict view of procedural lapses, and organisations face financial penalties and reputational harm for non-compliance.
The law mandates the establishment of a properly structured Internal Committee (IC) with a Presiding Officer (a senior woman employee), at least two employee members, and an external member experienced in women’s rights or social work. Improper constitution alone can invalidate inquiry findings. Annual reporting obligations to the District Officer are frequently overlooked, creating regulatory vulnerability.
Employers also struggle with conducting legally sound inquiries. Common errors include denial of cross-examination opportunity, breach of confidentiality, biased questioning, and failure to issue reasoned findings. Such lapses expose the organisation to judicial review, especially where termination follows IC recommendations.
Retaliation claims are another emerging risk. Even subtle adverse actions against complainants or witnesses can result in additional liability. Training managers and HR teams on procedural neutrality is essential.
A structured POSH compliance review, including IC constitution audit, policy update, inquiry protocol standardisation, and documentation templates, can substantially mitigate exposure. Seeking specialised legal guidance before and during complex cases ensures procedural defensibility and protects organisational credibility.
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