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Major Update Under Posh Act

Major Update Under Posh Act

SB Legal

Major Update Under POSH Act

28th October 2025 — SB LEGAL INSIGHTS

Directions by Supreme Court and Subsequent Government Actions

The Supreme Court, in Aureliano Fernandes vs. State of Goa & Ors., issued crucial
directions to address persistent gaps in the implementation of the Sexual Harassment of Women at Workplace
(Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act). These directions aim to ensure strict compliance
by both public and private sector employers.

Following this, the Labour Department, Government of NCT of Delhi, issued an order (dated 29.09.2025)
reinforcing the mandatory constitution of Internal Complaints Committees (ICC) under the POSH Act, 2013.
Similar orders are expected from other State Governments soon, and a few states have already begun monitoring compliance.

As you know, all establishments with 10+ employees must ensure ICC formation and adherence to POSH requirements.

SHe-Box (Sexual Harassment Electronic Box)

The Central Government has introduced SHe-Box, an initiative of the Ministry of Women & Child Development.
It is an online single-window platform enabling women to file complaints relating to workplace sexual harassment.

SHe-Box is available to women across the public, private, organized, and unorganized sectors — regardless of employment status —
and allows confidential complaint submission. Complaints are automatically forwarded to the respective jurisdictional authorities
for necessary action.

Organizations are mandated to register on SHe-Box to ensure greater compliance and transparency.

Way Forward for Employers

  • Implement mandatory POSH training during onboarding and at regular intervals.
  • Ensure ICC members are trained and impartial in handling cases.
  • Establish a safe and transparent complaint system that employees can easily access.
  • Proactively address workplace behaviour issues before they escalate into formal complaints.
  • Register under SHe-Box: https://shebox.wcd.gov.in/

Disclaimer

This communication is for informational purposes only and does not constitute legal advice. It is not intended
to be an advertisement, solicitation, or create any attorney-client relationship. Readers should seek professional
legal counsel for advice specific to their circumstances. The law is subject to change, and we do not undertake any
obligation to update this information. We disclaim all liability for any actions taken based on this communication.

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