NCW recommends annual POSH audits, stronger safeguards

"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," NCW chairperson Vijaya Rahatkar said.

New Delhi: The National Commission for Women (NCW) on Friday, June 19, issued an advisory to all states and Union Territories, recommending mandatory annual POSH audits, and a host of measures to strengthen workplace safety and effective implementation of guidelines under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

The advisory has been sent to chief secretaries and directors general of police of all states and UTs and has also been disseminated to district magistrates, senior superintendents of police and commissioners of police across the country for grassroots-level enforcement and accountability.

“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,” NCW chairperson Vijaya Rahatkar said.

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“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,” she said.

In a statement, the commission said that the advisory seeks to ensure that every workplace, whether in the government, private, organised or unorganised sector, strictly complies with provisions of the Prevention of Sexual Harassment (of Women at Workplace) (POSH) Act and fosters a safe, inclusive and gender-sensitive working environment for women.

Mandatory POSH audits for all establishments with 10 or more workers

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, the statement said.

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The 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 10 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, the commission said.

“Audit reports are to be submitted to district authorities and the departments concerned, with non-conduct of audits being treated as non-compliance,” it said.

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The states and UTs have also been advised to notify all District Officers under the POSH Act. The officers will serve as the nodal authority for implementation, monitoring, awareness generation and grievance redressal at the district level.

The commission said all government departments, public sector undertakings, boards, corporations, educational institutions, hospitals, local bodies, statutory authorities and establishments employing 10 or more persons must constitute Internal Committees in every office, branch and unit.

Internal Committees to have 50 pc women representation

It emphasised 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 per cent women representation.

The advisory also calls for effective constitution and functioning of Local Committees in every district to address complaints from women working in establishments with fewer than 10 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.

The commission has said 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 also been recommended to promote gender-sensitive workplaces and improve understanding of the POSH Act among employees and management.

The commission has further 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 Central government’s SHe-Box platform for online registration, tracking and monitoring of workplace sexual harassment complaints.

The advisory directs all establishments 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.

It also calls 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.

Educational and medical institutions asked to strengthen POSH compliance

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.

District administrations have also 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.

The commission has advised organisations to 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.

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.

According to the commission, 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.

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