The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) is a cornerstone of Indian corporate governance. With recent regulatory enforcement and judicial oversight, maintaining a paper-only policy is no longer sufficient.
🏛️ Landmark Regulatory Shift: Mandatory SHe-Box Portal Registration
👥 Legally Compliant IC Composition Rules (Section 4)
- Presiding Officer: Must be a woman employed at a senior level at the workplace.
- Employee Members: Not less than two members from among employees, preferably committed to the cause of women or experienced in social work.
- Independent External Member: Mandatory appointment of one member from an NGO, association committed to women's causes, or a legal professional with at least 5 years of POSH jurisprudence experience.
- Gender Balance: At least one-half (50%) of total committee members must be women.
📅 Annual Compliance & Reporting Calendar
- Bi-Annual Employee Sensitization: Conduct documented POSH awareness sessions for all full-time, contract, and remote staff.
- Detailed Inquiry Documentation: Complete any formal inquiry within the statutory 90-day window, followed by a final report within 10 days.
- January 31st Filing: Submit the annual POSH report to the District Officer and include statutory disclosure in the Directors' Report under Section 134(3)(q) of the Companies Act 2013.
❓ Frequently Asked Questions (FAQ)
Q: Is registration on the SHe-Box portal mandatory for private companies in India?
Yes. Following Supreme Court directives in Aureliano Fernandes vs. State of Goa and directives from the Ministry of Women and Child Development (MWCD), all organizations with 10 or more employees are required to register their Internal Committee (IC) on the centralized SHe-Box portal (shebox.wcd.gov.in). Over 161,000 workplaces are already registered.
Q: What is the mandatory composition of a POSH Internal Committee (IC)?
Under Section 4 of the POSH Act 2013, an IC must have: (1) A Presiding Officer who is a senior woman employee; (2) At least two employee members committed to women's causes; (3) One independent external member from an NGO or legal background with 5+ years of POSH experience. At least 50% of total committee members must be women.
Q: When must the POSH Annual Report be filed?
The IC must prepare and submit an Annual Report to both the employer and the designated District Officer (DO) / District Collector by January 31st each year, summarizing complaints received, disposed of, and pending.
Q: What are the legal penalties for failing to constitute an Internal Committee?
Non-compliance attracts a fine of up to ₹50,000 under Section 26. Repeated violations can result in double penalties and cancellation of the establishment's commercial operating license.