The Government of Maharashtra recently released a Notification that provides a comprehensive checklist for an audit under the Sexual Harassment at Workplace (Prevention, Prohibition, and Redressal) (POSH Act), 2013. It also notifies authorities under Section 25 of the Act for inspection of adequate POSH compliance.
Referring to the POSH Act and Rules, 2013, along with the various Government Resolutions (GRs), the Notification states that the POSH law is integral to creating a safe and supportive working environment for women. Under Section 4 of the Act, every organisation with 10 or more employees must establish an Internal Committee (IC) to redress workplace sexual harassment complaints.
Further, the Notification reiterates that for organisations with less than 10 employees, the Government has established Local Committees (LC) at the district level. A District Officer, who is usually the Deputy Collector for each district, has been designated for the proper implementation of the POSH Act. Most importantly, the Notification emphasises that to ensure the Act is adequately enforced and implemented, it is critical to inspect all establishments regarding the formation of the IC, complaint redressal, and periodic reporting.
While stating that the government holds authority to request information and organise inspections of private, public, or semi-government establishments under Section 25, the Notification authorises the following officers to carry out such inspections under the Act:
- District Officers (All)
- Relevant officers and staff from the Women and Child Development Commissionerate
- Divisional Deputy Commissioners, Women and Child Development
- District Women and Child Development Officers
- District Program Officers, Zilla Parishad
- Child Development Project Officers (Urban, Rural, Tribal)
- District Probation Officers and Probation Officers
- District Coordination Officers, MAVIM
- Protection Officers (District and Taluka levels)
- Anganwadi Chief Sevikas and Supervisors
- Government-appointed Superintendents of government and voluntary organisations
Laying down certain Operational Guidelines, the Notification states that:
- State Nodal Officer (Commissioner, WCD) will define the inspection methodology, regional divisions, and targets
- Divisional Deputy Commissioners will monitor the inspection process as per the Commissioner’s instructions
- In rural areas, District WCD Officers and District Program Officers will coordinate to identify establishments for inspection
- In urban areas, District WCD Officers and Child Development Project Officers (Urban) will serve as Nodal Officers
- Inspections must be conducted strictly using the government-prescribed checklist
- To avoid duplication, only one officer or team should inspect an establishment
Further, the Notification states that if any organisation is found to be not in compliance with the POSH Act’s provisions, punitive action based on the inspector’s recommendations under Section 26 of the POSH Act shall be taken.
The checklist for the inspection includes a thorough compliance check of various aspects of the law, including:
- Formulation and adoption of a POSH Policy, dissemination of the Policy to all employees, availability of the policy and the SHe-Box complaint filing portal on the company website and social media channels, and inclusion of a remote and virtual work environment in the Policy
- Formation of the IC in every office and unit and adherence to legal mandates, such as:
- The IC must consist of a minimum of four members
- At least 50% of the IC members must be women
- Appointment of a senior-level female employee as the IC’s Presiding Officer
- Nominating an external member who is a subject-matter expert
- Support and assistance provided to the aggrieved woman:
- Availability of multiple mediums for filing a complaint, such as email ID, She-Box, etc.
- Acknowledgement of the complaint promptly
- Maintaining confidentiality and transparency
- Provision for interim relief for the complainant upon request
- Ensuring that no retaliation or victim-blaming happens against the complainant
- Providing counselling or legal assistance, if needed
- Awareness and training:
- Adequate training of IC members on complaint-handling
- Regular awareness programs for employees on the POSH Act
- Employer’s responsibility:
- Completion of the inquiry within the stipulated time period of 90 days
- Implementation of IC’s recommendation within the stipulated time period of 60 days
- Secure maintenance of complaints and IC’s inquiry
- Ensuring a safe working environment, both physical and digital
- Submission of the annual report to the District Officer
- Including POSH compliance details in annual reports and filings
- Taking disciplinary action when guilt is proven
- Conducting regular inspections of POSH compliance
- SHe-Box onboarding:
- Appointment of a Nodal Officer for the SHe-Box portal
- Updating the Nodal Officers’ details on the SHe-Box for all offices with more than 10 employees
- Updating the head office’s IC and other ICs’ details on SHe-Box
- Uploading the Annual Report on the SHe-Box portal
Complying with the POSH Act, 2013, is mandatory for all organisations, whether private or public, with 10 or more employees. This Notification indicates a strong stance of the Maharashtra government to ensure strict adherence to the POSH Act and thorough compliance. The comprehensive checklist and its parameters cover all aspects of the law.
As stated in the Notification, non-compliance shall attract punitive consequences. Additionally, non-compliance also leads to legal and reputational risks for an organisation. A safe and healthy working environment for employees invites their trust and loyalty towards the organisation and the employer. It further encourages them to be productive and contribute meaningfully to their own and the organisation’s growth.