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Building Workplaces With Dignity: Here’s How POSH Act Looks Beyond Reporting Misconduct

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Building Workplaces With Dignity: Here’s How POSH Act Looks Beyond Reporting Misconduct

by Maushumi Lata Padhi
September 19, 2026
in Bhubaneswar, Featured, India, Odisha
Reading Time: 4 mins read
Building Workplaces With Dignity: Here’s How POSH Act Looks Beyond Reporting Misconduct
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Bhubaneswar: Women’s safety at the workplace remains a serious concern in India, not only because of sexual harassment and abuse, but also because institutional mechanisms meant to protect women can fail when complaints are ignored, delayed, or inadequately addressed. Recent cases across workplaces and institutions illustrate the continuing vulnerability women may face when there is an imbalance of power between complainants and those in positions of authority.

The 2026 TCS Nashik case, for instance, brought allegations of repeated sexual harassment and scrutiny of possible gaps in the implementation of the Prevention of Sexual Harassment (POSH) framework after complaints were allegedly not acted upon promptly. The high-profile case involving former Wrestling Federation of India chief Brij Bhushan Sharan Singh also demonstrated the difficulties involved in pursuing allegations of sexual harassment against a powerful authority figure; a Delhi court acquitted Singh in August 2026 after finding that the prosecution had not established the case beyond reasonable doubt. More recently, allegations made by students at Jawaharlal Nehru University and the September 2026 Bhiwandi case, in which an FIR was registered following a woman’s allegations against a former MLA and a dismissed police officer, have again drawn attention to questions of institutional accountability and access to justice.

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Taken together, these cases do not establish that every Indian workplace is unsafe, nor do allegations themselves establish guilt. However, they highlight why workplace safety cannot be limited to having rules on paper. Effective prevention requires functioning complaint mechanisms, awareness of POSH protections, timely investigation, accountability, and an environment in which women can report misconduct without fear of retaliation or institutional neglect. Ensuring such conditions is essential for women to participate in India’s workplaces with dignity, equality, and security.

‘Safe workplace is a non-negotiable’

A safe and secure workplace is a non-negotiable requirement in India, as it also affects legal compliance, economic, financial  and workforce stability, reputation and retention of its workforce. Articles 14, 15, 21 and Article 19(1)(G) of the Indian Constitution provides for equality, prohibits discrimination on the basis of gender, religion, race, caste, sex or place of birth, gives the right to all citizens to practice any profession, and right to life and personal liberty. These articles presuppose the availability of an enabling environment for women, which is ubiquitous, safe and secure in every aspect.

But in reality, social norms, cultural bias, gender stereotypes and power dynamics act as a big setback in creation of an quintessential workplace. So, keeping in line with the spirit of the Constitution, considering sexual harassment as a type of gender discrimination, which violates the right of women, the Government of India enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013. The Protection of Women Against Sexual Harassment at Work Place Bill, 2010 was introduced in India’s Lok Sabha in December 2010 and eventually enacted as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (commonly known as the POSH Act)

Purpose of The POSH Act

The true purpose of the Act is not merely to address misconduct, but to build workplaces with dignity, equality and respect become a part of organizational culture. So having a myopic view that it is only for complaints is a misnomer. Its philosophy is much broader. It recognizes that workplace relationships may sometimes come with the baggage of bias, prejudices, disparities in authority and influence, and cultural differences. So an institutional framework is necessary to promote dignity, fairness, due process and accountability. This in turn inspires confidence, builds trust and resolves disputes and grievances before it reaches a courtroom.

SHe-Box is for women to report workplace sexual harassment.
Respondents can be of any gender under the POSH Act.@PMOIndia | @Annapurna4BJP | @savitrii4bjp | @LabourMinistry | @MSJEGOI | @EduMinOfIndia | @MoHFW_INDIA | @mopr_goi | @MoRD_GoI | @mygovindia | @PIBWCD pic.twitter.com/ijBWZ5LwuW

— Ministry of WCD (@MinistryWCD) June 2, 2026

Role of Internal Complaints Committee (ICC)

Prevention is always better than cure. Therefore, awareness is very important to ensure that certain remarks can create hostile environment, vitiating the office atmosphere, leading to fear, silence and loss of trust. The role of Internal Complaints Committee (ICC) members is very crucial in creating awareness among all employees, so that all employees, irrespective of gender, realize which behaviour is healthy and which one is to be done away with. Awareness leads to positive behavioural changes, better leadership decisions and values based organizational growth. It leads to better interpersonal relationships and trust.

The ICC members need to be capable, dynamic and updated with recent changes in law as  be well trained in handling grievances and most importantly be free from bias and prejudice. They must make every employee aware of the changing dynamics in gender roles.

In fact, the members need to learn and unlearn many things, as being an ICC member means one needs to be cautious, empathetic and vigilant. They have to instil in employees that real empowerment comes when rights and privileges also cast certain duties and responsibilities on all.

Functions of ICC:

Receiving Complaints: Act as the primary, sensitive point of contact for employees to formally submit grievances.

Conducting Inquiries: Run fair, unbiased, and time-bound investigations by examining witnesses, collecting evidence, and following principles of natural justice.

Maintaining Confidentiality: Ensure strict privacy of the complainant, respondent, witnesses, and proceedings under Section 16 of the Act.

Recommending Actions: Provide formal findings and suggest disciplinary actions or remedies to the employer once an inquiry concludes.

Promoting Awareness

In Jaya Kodate v. Rashtrasant Tukdoji Maharaj Nagpur University (2013), the Bombay High Court reiterated that “the definition of workplace is inclusive and deliberately kept wide by the Parliament to ensure that any area where women may be subjected to Sexual Harassment is not left unattended or unprovoked for.

Thus, every organization must work towards zero tolerance for sexual harassment at workplace, apart from ensuring safety, security, well-being of all employees, irrespective of gender and roles, to work with dignity and respect in an inclusive environment.

(The writer is Regional PF Commissioner II and Presiding Officer, ICC, All Ros of Odisha)

 

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Maushumi Lata Padhi

Maushumi Lata Padhi

Regional PF Commissioner II, Odisha

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\r\n\r\nRole of Internal Complaints Committee (ICC)\r\n\r\nPrevention is always better than cure. Therefore, awareness is very important to ensure that certain remarks can create hostile environment, vitiating the office atmosphere, leading to fear, silence and loss of trust. The role of Internal Complaints Committee (ICC) members is very crucial in creating awareness among all employees, so that all employees, irrespective of gender, realize which behaviour is healthy and which one is to be done away with. Awareness leads to positive behavioural changes, better leadership decisions and values based organizational growth. It leads to better interpersonal relationships and trust.\r\n\r\nThe ICC members need to be capable, dynamic and updated with recent changes in law as  be well trained in handling grievances and most importantly be free from bias and prejudice. They must make every employee aware of the changing dynamics in gender roles.\r\n\r\nIn fact, the members need to learn and unlearn many things, as being an ICC member means one needs to be cautious, empathetic and vigilant. They have to instil in employees that real empowerment comes when rights and privileges also cast certain duties and responsibilities on all.\r\n\r\nFunctions of ICC:\r\n\r\nReceiving Complaints: Act as the primary, sensitive point of contact for employees to formally submit grievances.\r\n\r\nConducting Inquiries: Run fair, unbiased, and time-bound investigations by examining witnesses, collecting evidence, and following principles of natural justice.\r\n\r\nMaintaining Confidentiality: Ensure strict privacy of the complainant, respondent, witnesses, and proceedings under Section 16 of the Act.\r\n\r\nRecommending Actions: Provide formal findings and suggest disciplinary actions or remedies to the employer once an inquiry concludes.\r\n\r\nPromoting Awareness\r\n\r\nIn Jaya Kodate v. Rashtrasant Tukdoji Maharaj Nagpur University (2013), the Bombay High Court reiterated that “the definition of workplace is inclusive and deliberately kept wide by the Parliament to ensure that any area where women may be subjected to Sexual Harassment is not left unattended or unprovoked for.\r\n\r\nThus, every organization must work towards zero tolerance for sexual harassment at workplace, apart from ensuring safety, security, well-being of all employees, irrespective of gender and roles, to work with dignity and respect in an inclusive environment.\r\n\r\n(The writer is Regional PF Commissioner II and Presiding Officer, ICC, All Ros of Odisha)\r\n\r\n ","author":{"@type":"Person","name":"Maushumi Lata Padhi","url":"https://odishabytes.com/author/maushumi-lata-padhi/"},"articleSection":["Bhubaneswar","Featured","India","Odisha"],"image":{"@type":"ImageObject","url":"https://assets.odishabytes.com/wp-content/uploads/2025/11/women-crime.webp","width":640,"height":397},"publisher":{"@type":"NewsMediaOrganization","name":"OdishaBytes","url":"https://odishabytes.com","logo":{"@type":"ImageObject","url":"https://odishabytes.com/wp-content/uploads/2024/11/Odisha-Byyes-Logo150-min.png"},"sameAs":["https://www.facebook.com/odishabytes/","https://x.com/BytesOdisha","https://www.youtube.com/channel/UCZzaxCAclS9UoMtl51XuXkQ","https://odishabytes.com/feed/","https://news.google.com/publications/CAAqKggKIiRDQklTRlFnTWFoRUtEMjlrYVhOb1lXSjVkR1Z6TG1OdmJTZ0FQAQ?hl=en-IN&gl=IN&ceid=IN%3Aen"]},"isAccessibleForFree":true}