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Is Disclosing POSH Inquiries in Background Verification Legal? A Guide for HR and Managers
Many companies unwittingly expose themselves to defamation suits by reporting a former employee as "guilty" of sexual harassment in a Background Verification (BGV) check when the inquiry is either pending, inconclusive, or the person was merely an "accused" (Respondent) without a final verdict. Confidentiality is a critical aspect for an effective inquiry and redressal mechanism under the PoSH Act. The primary legal framework governing non-disclosure is Section 16Â of the Act.
Reetika Gupta
1 day ago4 min read
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Can the POSH Nodal Officer Be an Internal Committee (IC) Member?
One of the most common questions organisations face when setting up their Prevention of Sexual Harassment (POSH) framework is regarding role duality: Can the POSH Nodal Officer also serve as a member of the Internal Committee (IC)? The short answer: No. While the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 does not explicitly prohibit this, both the SHe-Box portal’s operational design and the principles of natural justice make suc
Reetika Gupta
2 days ago3 min read
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The "Compliance Collision": When POSH Meets the New Labour Codes
As of November 21, 2025, India has officially entered the era of the New Labour Codes, reshaping the foundations of employment law. HR teams are racing to realign payroll structures, leave rules, and social security contributions. But in this compliance rush, a dangerous blind spot has emerged. Most organisations are treating the POSH Act and the New Labour Codes as two separate, parallel compliance tracks. They are not. Our legal analysis shows that the Wage Code, Social Sec
Reetika Gupta
5 days ago4 min read
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January 31st or February 28th? Decoding State-Specific POSH Annual Report Deadlines (CY 2025)
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ( POSH Act ) mandates that organisations with 10 or more employees file an Annual Report with the District Officer  for the preceding Calendar Year (January 1 to December 31). While the statutory guideline suggests a filing by January 31st  of the following year, true compliance hinges on diligently tracking district-specific directives . Non-compliance, even due to a missed local de
Reetika Gupta
Nov 112 min read
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The POSH Quagmire: How IC Procedural Lapses Void Entire Disciplinary Actions and Cost Employers Lakhs
Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), the Internal Committee (IC) is not a mere administrative formality it functions as a quasi-judicial authority whose findings form the foundation of any disciplinary action. Sections 11 and 13 of the POSH Act empower the IC to investigate, determine culpability, and recommend disciplinary measures. However, when the IC process is marred by procedural lapses, that fou
Reetika Gupta
Nov 35 min read
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PoSH Compliance 2025-2026: Why Your Annual Report to the District Officer is Still Mandatory (SHe-Box is NOT a Replacement)
In the dynamic landscape of workplace compliance, clarity is paramount. For organisations striving to foster a safe and respectful environment, navigating the nuances of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the PoSH Act, is a continuous endeavour. A persistent question that often surfaces for employers, HR professionals, and Nodal Officers alike is: " Is the annual report to the District Officer still
Reetika Gupta
Oct 273 min read
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One Company, Multiple ICs? Decoding the POSH Act's 'Every Location' Rule
It's been over a decade since the POSH Act, 2013, laid down a clear framework for workplace safety. The provision mandating an Internal...
Reetika Gupta
Oct 75 min read
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Can Non-Registration on SHe-Box Be Treated as Non-Compliance of the POSH Act - and Trigger Section 134(8) Penalties?
In a legal landscape increasingly focused on robust mechanisms for preventing and redressing workplace sexual harassment, the question...
Reetika Gupta
Sep 223 min read
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From 'Not Established' to Trial: 7 Key Lessons for ICs from the Delhi High Court's Asif Hamid Khan Ruling
The journey of a sexual harassment complaint through our legal system can be complex, often moving between internal and external forums....
Reetika Gupta
Sep 114 min read
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Can Witnesses Refuse Internal Complaints Committee Summons in Sexual Harassment Cases? A Legal Analysis
Inquiries into workplace sexual harassment complaints are governed by the Sexual Harassment of Women at Workplace (Prevention,...
Reetika Gupta
Sep 32 min read
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Why Virtual-Only POSH Training Is Failing Indian Workplaces – and What the Law Says About It
Many companies in India are reducing POSH training to click-through online modules. But the POSH Act, 2013 requires true sensitisation—covering confidentiality, Internal Committee reporting, and legal implications of false complaints. SHE-BOX audits now demand proof of real training. Virtual-only POSH training may leave employees confused and expose companies to legal risk.
Reetika Gupta
Aug 254 min read
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10 Key FAQs on SHE-Box and POSH Compliance for Private Companies
Creating a safe, respectful, and inclusive workplace is no longer just good practice - it’s a legal necessity in India. The Sexual...
Reetika Gupta
Jul 293 min read
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Can Foreign Companies be penalised for PoSH non-compliance in India? A Legal Analysis
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act)Â is a landmark piece of...
Reetika Gupta
Jul 114 min read
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SHe-BOX Portal Compliance Guide: Role of Nodal Officer, Legal Mandate & FAQs
A significant directive from the Ministry of Women and Child Development, bolstered by a Supreme Court judgment, now mandates all...
Reetika Gupta
Jul 74 min read
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SHe-Box Registration for Private Organisations: Legal Mandate or Proactive Compliance?
In recent times, there has been a significant rise in awareness around the enforcement of the Sexual Harassment of Women at Workplace...
Reetika Gupta
Jul 33 min read
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POSH misuse in India: How to safeguard against false harassment allegations
Not long ago, I came across a case that highlighted a rarely spoken challenge under workplace law. A senior project manager, (let’s call...
Reetika Gupta
Jun 266 min read
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Empowering Women in India: Your Guide to the National Commission for Women's Complaint Portal
In the 21st century, while women are often seen as equal counterparts at work and home, from a woman's perspective, true equality remains...
Reetika Gupta
Jun 34 min read
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Understanding the POSH Complaint Redressal Process: An In-Depth 7-Step Breakdown
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) provides a framework for...
Reetika Gupta
Apr 245 min read
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Who Does What? Duties of each IC Member in the POSH Internal Committee
When it comes to building a workplace that is truly safe, respectful, and inclusive, the Internal Committee (IC)Â under the POSH Act,...
Reetika Gupta
Apr 242 min read
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Constituting a POSH-Compliant Internal Committee: Best Practices for Indian Workplaces
The Prevention of Sexual Harassment (POSH) Act, 2013Â serves as a critical piece of legislation aimed at creating safe and equitable...
Reetika Gupta
Apr 233 min read
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