Context:
Recent media reports have claimed that the Maharashtra State Commission for Women has “called for mandatory POSH audits in workplaces across Maharashtra”, citing concerns about weak enforcement of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules, 2013 (“Law”).
While the reports are factually based on statements from the Commission, the headlines risk being misunderstood.
These audits are not yet a legal requirement.
They are merely a part of a policy proposal put forward by the Commission.
What the Chairperson of the Maharashtra State Commission for Women actually said:
On X (formerly Twitter), the Chairperson stated (relevant portions translated from Marathi):
Across the state, a large number of women work in government, private, and corporate offices. To ensure they have a safe environment, the POSH Act provides protections and empowers Internal Complaints Committees (ICCs).
Just as financial audits or fire safety audits assess compliance, a POSH audit should check whether a workplace is safe for women. Therefore, we have requested that a Government Resolution (GR) be issued making such audits mandatory.
This will help hold accountable those who ignore the law or exploit loopholes, ensuring a safe environment for women at work. Maharashtra has led the way in women’s policies and should lead again by introducing mandatory POSH audits.
Please click on this link to read the complete statement:
In summary:
- The Commission has only recommended that the Women & Child Development Department introduce mandatory POSH audits through a GR.
- This is only a proposed policy, not a current statutory obligation.
The manner in which this update has been framed in some of the media sources may lead employers to mistakenly believe that mandatory POSH audits are already in force. As of today, the POSH Act does not require any form of audit, although organizations must continue to meet all existing statutory compliances under the law. Our team is here to assist your organization in understanding these requirements and effectively integrating them into your reporting processes. Please contact us for support and guidance.