Chandhana K U·
Women & Child
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Legal Consequences Of Non-Compliance By Employers Under The Sexual Harassment Of Women At Workplace (Prevention And Redressal) Act, 2013

About the Author

Ajin John Mathew, B.Sc., LL.B., is currently pursuing his Master of Laws (LL.M.) at Government Law College, Ernakulam, and is in his third semester.

Introduction

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, also known as Prevention of Sexual Harassment Act (POSH Act)1. This is a landmark legislation to ensure safety, security and dignified working environment for women. It also imposes statutory obligation upon employers to ensure safety, security and dignity of women in workplace2. The section 26 of the POSH Act3, deals with legal consequences of non-compliance by the employers. Addressing non-compliance with POSH Act by the employers not only strengthens the intent of the legislation by inviting serious legal consequences but also creating room for safeguarding the rights of women enshrined in the Article 14,15 and 21 of the Indian Constitution4. The POSH Act was evolved as a result of the historical Supreme Court pronouncement of “Vishaka Guidelines”5. The Vishaka vs. State of Rajasthan (1997)6 was a judgement following the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1999 and the constitutional principles.

The Act

The POSH Act was enacted to provide a statutory framework for protection of women against sexual harassment at workplace, which was passed in response to the specific legislation dealing with sexual harassment at workplace after the judicial intervention through the landmark judgement in Vishaka and Ors vs. State of Rajasthan7, where Supreme Court laid down the “Vishaka Guidelines”8. This Act contains critical definitions in section 29, section 2 (n) defines the sexual harassment which includes unwelcome physical contact, advances, requests for sexual favors, sexually colored remarks or any unwelcome verbal or non-verbal conduct of a sexual nature. An employee according to section 2(f) of the act encompasses individuals working on regular, temporary, ad hoc, or voluntary basis, including responsible for workplace management and supervision. A workplace which is defined under section 2(o) broadly includes government, private, informal, and even residential spaces, ensuring that women in all sectors are protected under the Act.

Mentioning The Significance Of Statutory Duties Of Employers Under The Posh Act,2013

Under Section 19 10  of the POSH Act,2013, encompasses the duties of the employer, includes the establishment of an Internal Committee (IC) in workplace according to the section 4 11 of the Act, dealing with the constitution of the Internal complaint committee. They must Assist the IC inquiries, prevent victimization and submit annual report12.

Legal Consequences Of Non-Compliance By Employers

The POSH Act imposes clear statutory obligation on employers to prevent and redress sexual harassment at workplace and also attract legal consequences under section 26, 27and 28 of the Act. Section 26 includes penalties for employers who fail to comply with the provisions of the Act. This section applies to employers who fail:

  1. To constitute an internal Committee (IC) as required in section 4 of the Act or
  2. To act in action after inquiry13, or
  3. To take action against the false complaints 14 and;
  4. Making misinterpretation or unrecording of cases in the annual report 15
  5. Or violating any other provision or rules made under the Act 16

A monetary fine up to 50000 rupees can be imposed for the first violation17. For repeated Offence the penalty may be doubled, subjected to the Act18. The government or licensing authority may cancel or withhold the license or registrations that are mandatory for conducting the business19.

Further, section 25 20 empowers the appropriate government to inspect records and workplace compliance. Failure to cooperate such inspection also leads to legal consequences such as penalties. Under section 28 21 the POSH Act is supplementary and do not override other laws, thus the employers also exposed to the civil and criminal liability prescribed by other applicable laws.

Judicial Interventions

The POSH Act was a result of “Vishaka guidelines” which was Proclaimed Supreme Court in Vishaka and Ors v. State of Rajasthan 22. Also, in case of non-compliance of the provision by the employer there is a landmark judgement held by the Delhi High Court in Global Health Pvt. ltd.  v. LCC 23. In this case the court upheld the binding nature of employer duties under the POSH Act,2013, also compliance with section 19 is not a mere procedural formality but a substantive obligation necessary to uphold the spirit of the Act. However, reaffirmed the power of LCC (Local Complaints Committee) under the Act. Especially in cases where the internal committee is absent, improperly constituted, or accused of bias.

Conclusion

Hence, provisions of this Act ensures that duties under the Act are enforceable through penal measures thus these compliances are mandatory. The POSH Act recognizes a increment in penalties imposing stricter consequences for repeated violations, which leads to progressive sanctioning. Through provisions like section 26, the Act enforces accountability, ensuring that non-compliance leads to financial, administrative, and reputational consequences. Judicial interpretations especially Vishaka v State of Rajasthan and Global Health Pvt. Ltd. v. LCC, further strengthens the constitutional foundation of the Act. There the POSH Act is not just a legal mandate but a transformative tool towards the gender justice and workplace equality.

Footnotes

  1. POSH at Work, empanelled by Ministry of women and child development, GOI., https://poshatwork.com (last visited on 4, April, 2025) ↩︎
  2. Ibid. ↩︎
  3. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, s. 26, no. 45, acts of parliament, 2013 (India) ↩︎
  4. INDIA CONST. art. 14, 15 and 21 ↩︎
  5. (1997) 6 SCC 241 ↩︎
  6. Ibid. ↩︎
  7. (1997) 6 SCC 241 ↩︎
  8. Ibid n-1 ↩︎
  9. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, s. 2, no. 45, acts of parliament, 2013 (India) ↩︎
  10. s. 19, no. 45, acts of parliament, 2013 (India) ↩︎
  11. s. 4, no. 45, acts of parliament, 2013 (India) ↩︎
  12. s. 4, no. 45, acts of parliament, 2013 (India) ↩︎
  13.  s. 13, no. 45, acts of parliament,2013 (India) ↩︎
  14. s. 14, no. 45, acts of parliament,2013 (India) ↩︎
  15. s. 22, no. 45, acts of parliament,2013 (India) ↩︎
  16. s. 26 (1) (c), no. 45, acts of parliament,2013 (India) ↩︎
  17. s. 26 (1) (c), no. 45, acts of parliament,2013 (India) ↩︎
  18. s. 26 (2) (i), no. 45, acts of parliament,2013 (India) ↩︎
  19. s. 26 (1) (ii), no. 45, acts of parliament,2013 (India) ↩︎
  20. s. 25, no. 45, acts of parliament,2013 (India) ↩︎
  21. s. 28, no. 45, acts of parliament,2013 (India) ↩︎
  22. (1997) 6 SCC 241 ↩︎
  23. 2021 SCC Online Del 3817 ↩︎
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