The POSH Act Explained: Is Your Workplace Legally Protected in 2026?

If you have recently searched for the POSH Act, you are not alone. Following the Maharashtra Government’s strict enforcement crackdown and growing awareness of workplace rights, thousands of employers and employees across India are urgently trying to understand their obligations. This guide breaks down everything you need to know — in plain language. 

What Is the POSH Act? 

The POSH Act — formally called the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — is an Indian law that protects women from sexual harassment at work. POSH stands for Prevention of Sexual Harassment. The Act came into force on 9 December 2013, following decades of advocacy and a landmark Supreme Court ruling in the Vishaka v. State of Rajasthan case (1997). 

At its core, the POSH Act places three responsibilities on every employer. First, they must prevent sexual harassment through written policies and training. Second, they must prohibit it by constituting a formal committee. Third, they must provide redressal through a fair, time-bound inquiry process. 

ℹ  Did You Know? 

The POSH Act emerged from the Vishaka judgment, in which the Supreme Court declared that the right to work with dignity is a fundamental right under Article 21 of the Indian Constitution. 

Who Does the POSH Act Apply To?

The POSH Act applies to all workplaces in India — private, government, and semi-government. However, your specific obligations depend on your employee count. 

If your organisation has 10 or more employees, you must constitute an Internal Grievance Committee (IGC), draft and implement a POSH policy, conduct annual training sessions, register on the central government’s SHe-Box portal, and file an annual compliance report. If your organisation has fewer than 10 employees, the POSH Act still applies. In this case, complaints are handled by the Local Complaints Committee (LCC) set up by the District Officer. 

Importantly, the POSH Act does not just apply to office spaces. In 2026, the Delhi High Court confirmed that digital harassment — including messages on WhatsApp, Zoom calls, and emails — falls within the scope of the POSH Act wherever a professional relationship exists. 

What Counts as Sexual Harassment Under the POSH Act? 

Many people assume the POSH Act only covers physical acts. This is a widespread misconception. Under the Act, sexual harassment includes any unwelcome behaviour, whether physical, verbal, or non-verbal. Specifically, this covers: 

• Physical contact or advances 

• Demand or request for sexual favours 

• Sexually coloured remarks or jokes 

• Showing pornography or offensive material 

• Unwanted messages over WhatsApp, email, or social media 

• Creating a hostile or uncomfortable work environment 

Therefore, any professional interaction — whether in person, on a call, or over a chat platform — can fall under the POSH Act if it involves unwelcome conduct of a sexual nature. 

POSH Act in Maharashtra 2026: What Just Changed? 

The POSH Act has been in force for over a decade, but enforcement has historically been weak. That is now changing rapidly, particularly in Maharashtra. 

Following high-profile workplace harassment cases and mounting pressure from women’s rights groups, the Maharashtra State Government directed strict implementation of the POSH Act across all establishments with 10 or more employees. As confirmed by Jagdish Miniyar, Head of Women and Child Development, Maharashtra, non-compliance now attracts an immediate fine of up to ₹50,000. Repeat violations face double the penalty. Continued non-compliance can result in licence cancellation. 

Furthermore, the Maharashtra State Commission for Women, led by Chairperson Rupali Chakankar, ordered a statewide audit in early 2026. This audit — triggered by a Government Resolution from August 2025 — checks every workplace for functioning IGCs, trained members, annual reports, SHe-Box registration, and mandatory awareness display boards. 

⚠  Maharashtra Employers: Audit Is Underway 

Inspections have already revealed that many committees exist only on paper. Organisations with non-functional ICCs face immediate legal action. Do not wait for a notice. 

What Are the Key POSH Act Compliance Requirements? 

To be fully compliant with the POSH Act in 2026, your organisation must have the following in place: 

• A formally constituted Internal Grievance Committee with an external member 

• A written POSH policy shared with all employees 

• Annual training sessions for staff and IGC members 

• Awareness display boards installed at the workplace 

• Registration on the SHe-Box (Sexual Harassment Electronic Box) portal 

• Annual compliance report filed with the required disclosures 

• MCA Board Report disclosure of complaint data (mandatory from July 2025) 

Missing even one of these requirements puts your organisation at legal risk. Maharashtra’s ongoing audit is specifically checking all seven of these areas. 

What Happens If You Don’t Comply with the POSH Act? 

Non-compliance with the POSH Act carries serious consequences. For a first offence, employers face a fine of up to ₹50,000. If the violation is repeated, the fine is doubled. Beyond financial penalties, persistent non-compliance can result in the cancellation of your business licence. Additionally, organisations face reputational damage, legal proceedings, and employee attrition. 

In 2025, the Ministry of Corporate Affairs also introduced a new requirement under the Companies (Accounts) Second Amendment Rules: companies must now disclose the number of sexual harassment complaints received, resolved, and pending in their Board’s Report. This means POSH compliance is now directly visible to regulators, investors, and the public. 

Conclusion: POSH Act Compliance Is No Longer Optional 

The POSH Act has moved from a compliance checkbox to an actively enforced legal obligation. With Maharashtra leading India’s enforcement drive, courts issuing stricter directives, and MCA mandating public disclosures, 2026 is the year to get your POSH compliance in order. 

If you are unsure where to start, Team Management Services (TMS) offers a POSH compliance assessment for organisations across Maharashtra and India.