The Supreme Court of India has recently taken stock of the implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) across the country, signalling renewed judicial scrutiny over employer and institutional compliance. The proceedings arose from a Public Interest Litigation and a connected matter, prompting the Court to examine whether statutory mechanisms under the POSH framework are being effectively constituted and operationalised nationwide.

During the hearing, the Supreme Court reviewed the status of compliance across public and private institutions, including courts and tribunals. In particular, the Court sought information on whether Internal Committees (ICs) have been constituted in accordance with the Act and whether they are functioning as required. Recognising that non-compliance remains a persistent concern more than a decade after the enactment of the law, the Court underscored that POSH obligations are not merely procedural but central to ensuring safe and dignified workplaces for women.

As part of this exercise, the Supreme Court directed High Courts across the country to submit reports detailing the constitution and status of ICs in courts and tribunals under their administrative control. The Court also emphasised the responsibility of States and Union Territories to ensure that designated authorities and officers under the POSH Act are duly appointed and accessible. These directions reflect the Court’s broader approach of institutional accountability, extending beyond private employers to public bodies and judicial establishments themselves.

The Court’s intervention builds upon earlier jurisprudence and directions that have highlighted widespread gaps in POSH compliance, including the absence of ICs, lack of training, and failure to submit mandatory annual reports. By actively monitoring compliance at a national level, the Supreme Court has reaffirmed that effective implementation of the POSH Act is a continuing constitutional and statutory obligation, not a one-time formality.

Conclusion

This development serves as a strong reminder that POSH compliance is under active judicial watch and that organisations, across sectors, must move beyond paper compliance. Employers should immediately review the constitution and functioning of their Internal Complaints Committees, ensure regular training and awareness initiatives, and verify timely submission of annual reports to the appropriate authorities. In light of the Supreme Court’s continued monitoring, lapses in compliance may increasingly attract regulatory, judicial, and reputational consequences. Proactive compliance is no longer optional, it is essential.

Written by Adv. Aiswarya Krishnan