NCW directs states, UTs to tighten POSH Act enforcement; mandates audits, compliance monitoring

NCW urged states to protect complainants, witnesses and POSH panel members from intimidation, discrimination, adverse transfers and any form of retaliation.
National Commission for Women (NCW).
National Commission for Women (NCW).File Photo
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NEW DELHI: In a significant step towards strengthening workplace safety and safeguarding the dignity of women, the National Commission for Women (NCW) has issued an advisory to all states and Union Territories (UTs), calling for the immediate and effective implementation of comprehensive measures under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).

The advisory seeks to ensure that every workplace  - whether in the government, private, organised, or unorganised sector  - strictly complies with the provisions of the POSH Act and fosters a safe, inclusive, and gender-sensitive working environment for women.

The advisory, sent to the Chief Secretaries and Directors General of Police (DGPs) of all states and UTs, also seeks to ensure grassroots-level enforcement and accountability too.

The Commission has also called for robust safeguards to ensure that complainants, witnesses and committee members are protected from intimidation, discrimination, adverse transfers, professional prejudice or any form of retaliation.

Seeking "safer, inclusive and gender-sensitive workplaces,” the Commission, said organisations should adopt a zero-tolerance approach to sexual harassment and strengthen workplace safety through better infrastructure, adequate lighting, safe access, surveillance in common areas and emergency support mechanisms.

Universities, colleges, schools, hostels, coaching centres, hospitals and medical establishments have been urged to strengthen POSH compliance mechanisms, considering the vulnerability of students, interns, trainees, research scholars and contractual personnel.

Speaking on the initiative, NCW Chairperson, Vijaya Rahatkar, said, "A woman should never have to choose between her dignity and her livelihood. Every workplace must be a space of safety, respect and equal opportunity. Effective implementation of the POSH Act is not merely a legal obligation but a collective responsibility towards ensuring women's empowerment and participation in nation-building."

In a major step towards institutional accountability, the Commission has advised all states and UTs to establish dedicated POSH monitoring cells or digital compliance dashboards to track implementation of the POSH Act. 

States have also been urged to conduct periodic reviews at senior administrative levels, facilitate capacity building, issue necessary guidance to establishments and district authorities, and ensure adherence to statutory obligations and judicial directions.

The advisory recommends mandatory annual POSH audits for all establishments employing ten or more persons. 

The audits will assess legal compliance, functioning of Internal Committees, status of complaints, confidentiality safeguards, workplace safety infrastructure, awareness initiatives, mandatory disclosures and utilisation of the SHe-Box platform. Audit reports are to be submitted to District Authorities and concerned departments, with non-conduct of audits being treated as non-compliance.

States and UTs have been advised to notify District Officers in every district under the POSH Act. District Officers will serve as the nodal authority for implementation, monitoring, awareness generation and grievance redressal at the district level.

All government departments, PSUs, boards, corporations, educational institutions, hospitals, local bodies, statutory authorities and establishments employing ten or more persons must constitute Internal Committees (ICs) in every office, branch and unit.

The advisory, which was also disseminated to all District Magistrates, Senior Superintendents of Police (SSPs), and Commissioners of Police across the country, also suggest that every Internal Committee must be constituted strictly as per law, with a woman Presiding Officer, qualified members, an external expert and at least 50 percent women representation.

Every district must ensure effective constitution and functioning of Local Committees to address complaints from women working in establishments with fewer than ten employees, domestic workers, informal sector workers and cases involving employers.

District Authorities have been advised to appoint Nodal Officers at Block, Tehsil, Taluka, Ward and Municipality levels to facilitate complaint registration and ensure timely referral of cases to Local Committees.

Details of Internal Committees, Local Committees, Nodal Officers, complaint procedures, email IDs, contact numbers and online grievance mechanisms must be prominently displayed on websites and office premises to ensure accessibility and awareness.

The advisory calls upon employers to ensure timely inquiry and disposal of complaints, maintain confidentiality, submit annual reports, conduct awareness programmes and implement recommendations of Internal and Local Committees in a time-bound manner.

Regular workshops, seminars, awareness drives and orientation programmes have been recommended to promote gender-sensitive workplaces and improve understanding of the POSH Act among employees and management.

The Commission has emphasised specialised training for members of Internal and Local Committees to ensure fair, sensitive and legally sound inquiry processes.

All institutions have been encouraged to promote awareness and use of the government of India's SHe-Box platform for online registration, tracking and monitoring of workplace sexual harassment complaints.

All establishments have also been directed to submit annual reports under the POSH Act, while states have been advised to review consolidated reports periodically to assess compliance levels and identify gaps.

District Administrations have been encouraged to undertake large-scale awareness campaigns in rural areas, industrial clusters, self-help groups, domestic work sectors and other unorganised workplaces to ensure women are aware of their rights under the POSH Act.

District authorities have been tasked with reviewing compliance reports and audit findings, identifying non-compliant establishments, conducting periodic review meetings and spearheading intensive POSH awareness campaigns to ensure sustained implementation on the ground.

“The overarching objective of the advisory is to move beyond mere compliance and foster a culture of dignity, accountability and safety, ensuring that every workplace in India becomes a secure and empowering space for women,” the Commission said.

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