POSH Compliance in India: Reflections From a Lawyer, an External Committee Member & a Trainer.

What POSH Cases Quietly Reveal About an Organisation

Reflections from a Lawyer, External Committee Member and POSH Trainer; -

Isn’t it interesting how society often associates dance with femininity and war with masculinity?

And yet, in our own traditions, the most divine dancer is Nataraj, the cosmic form of Shiv, while one of the most fearsome warriors is Maa Kali.

It is a quiet reminder that many of our assumptions about roles and strength are not always accurate.

I am often reminded of this while working with organisations on POSH matters. Many workplaces still assume POSH is merely an HR compliance requirement or something that only becomes relevant when a complaint arises.

But in reality, POSH reveals something much deeper about an organisation.

A Moment From a POSH Committee Meeting; -

A few years ago, I was sitting in a POSH committee meeting as the external member.

The complaint itself was not unusual. As lawyers and committee members, we encounter many such situations. The Internal Committee had been properly constituted, the process was being followed, and everyone in the room seemed focused on the procedure.

But something small happened that stayed with me.

Before the meeting began, one of the senior leaders asked a question.

Not about the law. Not about the inquiry process.

He quietly asked:

“Are we sure the employee who raised this complaint feels safe coming to work tomorrow?”

It was a simple question.

But in that moment, I realised something important.

Some organisations approach POSH as a legal requirement.

Others approach it as a leadership responsibility.

And that difference often determines whether the system truly works.

The Law Is Only the Starting Point; -

The framework under the Sexual Harassment of Women at Workplace Act requires organisations to adopt policies, conduct awareness programs and constitute an Internal Committee to address complaints of workplace sexual harassment.

These are essential safeguards and every organisation must comply with them.

However, after working as a lawyer, serving as an external member on Internal Committees, and conducting POSH training sessions across organisations, I have come to see that the legal framework is only the starting point.

What truly determines the effectiveness of a POSH system is the culture surrounding it.

What POSH Cases Often Reveal; -

When a complaint is examined, the focus naturally remains on the incident, what happened, what evidence exists and what the appropriate outcome should be.

But if you observe closely, POSH cases often reveal patterns beyond the individual event.

They show whether employees feel comfortable raising concerns.

They show how managers respond when something uncomfortable is reported.

They show whether leadership prioritises fairness and accountability or whether the instinct is to minimise disruption.

In many ways, POSH cases act like a window into the organisation’s culture.

Sometimes they reveal a system that works exactly as intended.

At other times, they expose gaps that policy documents alone cannot fix.

The ICC Handles Complaints. Leadership Shapes the Environment.

When we talk about Leadership in POSH it shouldn’t be limited to Internal Committee Members but extended to the top hierarchal Leaders in the organisations.

Discussions around POSH often centre on the Internal Committee, its members, its training and the inquiry procedure.

These are important elements. The committee plays a crucial role in ensuring that complaints are examined fairly and in accordance with the law.

But the committee alone cannot shape workplace behaviour.

Workplace culture is influenced far more by everyday signals, the behaviour of senior leadership, the way managers address inappropriate comments and the seriousness with which concerns are treated.

Employees observe these signals carefully.

They notice what behaviour is tolerated.

They notice whether complaints are taken seriously.

They notice whether the system is trusted.

Over time, these observations determine whether the POSH framework becomes a living system or simply a compliance document.

Where POSH Meets Corporate Governance; -

Over the years, I have come to view POSH through a slightly broader lens.

While it begins as a legal obligation, it often functions as a test of corporate governance.

The way an organisation handles a complaint reveals how it approaches accountability, fairness, and responsible leadership.

Does the organisation allow the process to function independently?

Does leadership support the integrity of the inquiry even when the situation becomes uncomfortable?

Does the focus remain on fairness rather than convenience?

These questions go beyond legal compliance. They speak to the governance culture of the organisation itself.

A Thought I Often Share During Trainings; -

At the end of many POSH training sessions or committee discussions, I often leave participants with a simple observation.

A POSH policy is necessary.

An Internal Committee is essential.

But the most powerful POSH policy in any organisation is still leadership behaviour.

Because employees rarely learn workplace culture from policy documents.

They learn it from what they see leaders tolerate, ignore or stand up against.

My Conclusive Opinion; -

In practice, the POSH framework does more than regulate workplace conduct.

While it originates as a legal mandate, its real significance often emerges in how organisations interpret and implement it.

The response to a POSH complaint, the integrity of the inquiry process and the support shown by leadership collectively reveal the deeper governance culture of the organisation.

Those organisations that appreciate this broader perspective seldom view POSH merely as compliance. Instead, they recognise it as an opportunity to reinforce fairness, accountability and trust within the workplace.