NCW Issues Advisory for Mandatory POSH Audits Across All Workplaces in India

NCW asks states, UTs to ensure mandatory POSH audits, robust workplace safety mechanisms

New Delhi, June 19

The advisory aims to ensure that every workplace whether in the government, private, organised, or unorganised sector strictly complies with the provisions of the POSH Act and fosters a safe, inclusive, and gender-sensitive working environment for women.

The communication has been sent to the Chief Secretaries and Directors General of Police of all states and Union Territories. To strengthen grassroots-level enforcement and accountability, the Commission has also circulated the advisory to District Magistrates, Senior Superintendents of Police (SSPs), and Commissioners of Police across the country.

On the initiative, NCW Chairperson Vijaya Rahatkar said: "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. 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."

The Commission has recommended a series of measures for immediate implementation by state governments and district administrations.

Among the key recommendations is the establishment of dedicated state-level POSH Monitoring Cells or digital compliance dashboards to track the implementation of the law. States have also been urged to conduct periodic reviews at senior administrative levels, facilitate capacity-building initiatives, issue necessary guidance to establishments and district authorities, and ensure compliance with statutory obligations and judicial directions.

The advisory further recommends mandatory annual POSH audits for all establishments employing ten or more persons. These audits would assess legal compliance, the functioning of Internal Committees (ICs), complaint-handling mechanisms, confidentiality safeguards, workplace safety infrastructure, awareness programmes, mandatory disclosures, and utilisation of the SHe-Box platform. Audit reports are to be submitted to district authorities and concerned departments, with failure to conduct audits being treated as non-compliance.

To strengthen district-level accountability, states and UTs have been advised to notify District Officers under the POSH Act in every district. These officers will serve as nodal authorities responsible for implementation, monitoring, awareness generation, and grievance redressal.

The Commission has also directed all government departments, public sector undertakings, boards, corporations, educational institutions, hospitals, local bodies, statutory authorities, and establishments employing ten or more persons to constitute Internal Committees in every office, branch, and unit. It emphasised that all ICs must be constituted strictly in accordance with the law, including the appointment of a woman Presiding Officer, qualified members, an external expert, and at least 50 per cent women representation.

Recognising the vulnerabilities of women in the informal sector, the NCW has stressed the need for effective constitution and functioning of Local Committees in every district. These committees are expected to address complaints from women employed in establishments with fewer than ten employees, domestic workers, and other workers in the unorganised sector.

The advisory also calls for the appointment of Nodal Officers at block, tehsil, taluka, ward, and municipality levels to facilitate complaint registration and ensure timely referral of cases to Local Committees. To improve transparency and accessibility, details of Internal Committees, Local Committees, Nodal Officers, complaint procedures, contact information, and online grievance mechanisms should be prominently displayed on websites and office premises.

The NCW has urged 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.

It has further recommended regular workshops, seminars, awareness campaigns, and orientation programmes to promote gender-sensitive workplaces. It has also 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 the use of the Centre's SHe-Box platform for online registration, tracking, and monitoring of workplace sexual harassment complaints.

Additionally, establishments have been directed to submit annual reports under the POSH Act, while states have been advised to periodically review consolidated reports to assess compliance levels and identify gaps.

The advisory also highlights the need for robust safeguards against retaliation, ensuring that complainants, witnesses, and committee members are protected from intimidation, discrimination, adverse transfers, professional prejudice, or any form of victimisation.

Special emphasis has been placed on educational and healthcare institutions, including universities, colleges, schools, hostels, coaching centres, hospitals, and medical establishments, given the vulnerability of students, interns, trainees, research scholars, and contractual personnel.

The Commission has also encouraged large-scale awareness campaigns in rural areas, industrial clusters, self-help groups, domestic work sectors, and other unorganised workplaces to ensure that women are aware of their rights under the POSH Act.

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, inclusive, and empowering space for women.

— IANS