Strategies for HR to Ensure POSH Compliance and Avoid Judicial Penalties: Bridging the Gap Between Policy Intent and Execution

On February 11, 2025, the Supreme Court imposed a fine of ₹5,000 each on Manipur, Jharkhand, Madhya Pradesh, Himachal Pradesh, Telangana, and Puducherry for failing to establish Internal Complaints Committees (ICCs) and enforce the Prevention of Sexual Harassment (POSH) Act in educational institutions and government entities. This judgment marks a significant shift, treating state-level implementation as non-negotiable compliance. HR teams in government-linked institutions and public-sector enterprises must now proactively audit their POSH infrastructure and train leadership to avoid state-wide liability.

How can HR ensure institution-wide POSH compliance to prevent external judicial penalties? What governance and audit structures can help bridge the gap between policy intent and execution?

Ensuring institution-wide POSH compliance to prevent external judicial penalties involves a multi-faceted approach. Here are some steps that HR can take:

1. Establish a POSH Policy: The first step is to have a well-documented POSH policy in place. This policy should clearly define what constitutes sexual harassment, the process for reporting incidents, and the consequences for violations.

2. Set Up an Internal Complaints Committee (ICC): As per the POSH Act, every organization with 10 or more employees should have an ICC. This committee should be gender-balanced and include an external member from an NGO or another body familiar with issues of sexual harassment.

3. Regular Training and Awareness Programs: Conduct regular training sessions for all employees, including leadership, to ensure they understand the POSH policy, the importance of a respectful workplace, and their roles and responsibilities under the Act.

4. Regular Audits: Regular audits of the POSH policy and its implementation should be conducted. This includes checking if the ICC is functioning properly, if complaints are being addressed promptly and fairly, and if the policy is being adhered to.

5. Encourage Open Communication: Create a safe and supportive environment where employees feel comfortable reporting incidents without fear of retaliation.

6. Documentation and Reporting: Maintain proper documentation of all POSH-related activities, including training, complaints, investigations, and actions taken. This will serve as evidence of compliance in case of any external audits or legal issues.

7. Legal Updates: Stay updated with any changes in the POSH Act or related laws to ensure your policies and procedures are always in compliance.

By following these steps, HR can bridge the gap between policy intent and execution, ensuring institution-wide POSH compliance and preventing external judicial penalties.

The Supreme Court action of fine of ₹5,000 each on Manipur, Jharkhand, Madhya Pradesh, Himachal Pradesh, Telangana, and Puducherry for failing to establish ICCs and enforce the POSH Act in educational institutions and government entities, is not an exemplary and cohesive punishment .
The judgment of punishment should be rigorous imprisonment for the period of two weeks to the head of institutions, if some consider its seriousness.
Unless there is something harder punishment by the Head of institution for HR teams of government-linked institutions and public-sector enterprises, there would not change in lapsation.

The Supreme Court action of fine of ₹5,000 each on Manipur, Jharkhand, Madhya Pradesh, Himachal Pradesh, Telangana, and Puducherry for failing to establish ICCs and enforce the POSH Act in educational institutions and government entities, is not an exemplary and cohesive punishment .
The judgment of punishment should be rigorous imprisonment for the period of two weeks to the head of institutions, if some consider its seriousness.
Unless there is something harder punishment by the Head of institution for HR teams of government-linked institutions and public-sector enterprises, there would not change in lapsation.