POSH Compliance: NCW’s New Advisory Demands Immediate Employer Action
July 13, 2026
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The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — the POSH Act — has been law for over a decade, and it has not changed. What changed in June 2026 is enforcement. The National Commission for Women (NCW) issued a detailed compliance advisory that has since cascaded, letter by letter, from the Centre down to individual District Officers who are now directing every establishment in their jurisdiction to demonstrate compliance and report back. For employers, POSH compliance has moved firmly from paperwork to active scrutiny.
The advisory is anchored in the Supreme Court’s insistence that POSH compliance is mandatory and non-negotiable. In Aureliano Fernandes v. State of Goa and Janaki Chaudhry v. Ministry of Women and Child Development, the Court observed that, more than a decade after the Act, implementation across institutions remains inadequate and inconsistent — and directed all States and UTs to ensure strict compliance, reaffirming that a safe and dignified workplace is an intrinsic constitutional guarantee.
The NCW’s own review flagged recurring gaps: improperly constituted or non-functional Internal and Local Committees, low awareness among employees, procedural irregularities in handling complaints, non-submission of annual reports, delays in inquiries, and an absence of institutional monitoring.
What the advisory requires
The advisory reiterates and sharpens the core obligations every employer already carries under the POSH Act:
Internal Committee (IC). Every establishment with 10 or more employees must constitute an IC at each branch, office or unit. The IC must be chaired by a senior woman as Presiding Officer, include at least two members with relevant experience and one external member, and comprise at least 50% women.
Local Committee (LC) and Nodal Officers. Every district must have a functioning Local Committee for units with fewer than ten workers, complaints against the employer, or the unorganised sector. Nodal Officers in each block, taluka, tehsil, ward or municipality must forward complaints to the LC within seven days.
Mandatory disclosures. IC / LC composition, member contact details, the online complaint procedure and the relevant policies must be displayed prominently at the workplace and on the organisation’s website, and kept updated.
SHe-Box. Employers must be aware of and actively use the Government’s SHe-Box (Sexual Harassment electronic Box) portal for online registration and monitoring of complaints.
Annual reports. Annual reports must be filed as required under Section 21 of the Act; these will be reviewed at the State level to assess institutional compliance.
Protection against retaliation. Complainants, witnesses and Committee members must be protected from retaliation, intimidation, adverse transfers or workplace harassment during and after proceedings.
Heightened scrutiny for some sectors. Educational and healthcare institutions — universities, colleges, schools, hostels, coaching centres, hospitals and medical establishments — are singled out for stricter adherence, given the vulnerability of students, interns, trainees, residents and contractual staff.
The headline change: a mandatory annual POSH Audit
The single most significant addition in the advisory is a mandatory annual POSH Audit. Every establishment with 10 or more employees is now expected to conduct an annual audit assessing:
• Constitution and legal compliance of the Internal Committee
• Appointment of a female Presiding Officer
• Functioning of the Internal Committee
• Number, status and timely disposal of complaints
• Confidentiality safeguards
• Training and awareness programmes
• Display of mandatory disclosures
• Workplace safety and infrastructure
• SHe-Box registration and updation
The audit report must be submitted to the District Officer, the District Magistrate / Deputy Commissioner and the concerned administrative department. Failure to conduct the POSH Audit is itself treated as non-compliance.
Your POSH compliance checklist
Use this as a quick readiness check across your establishments:
| Compliance area | What you must have in place |
| Internal Committee | Constituted at every unit with 10+ employees; a senior woman as Presiding Officer, one external member, at least 50% women. |
| Annual POSH Audit | Completed for the year and submitted to the District Officer, District Magistrate / Deputy Commissioner and administrative department. |
| SHe-Box | Registered on the portal, with organisation and IC details kept current. |
| Annual Report (Sec. 21) | Filed for the calendar year and available for State-level review. |
| Awareness & training | Regular employee sensitisation, plus capacity-building for IC / LC members. |
| Mandatory disclosures | IC composition, member contacts and the complaint procedure displayed on premises and on the website, kept updated. |
| Anti-retaliation | Policy and practice protecting complainants, witnesses and Committee members from any reprisal. |
| Records | Complaint registers and inquiry records maintained and readily retrievable for audit. |
What employers should do now
With District Officers actively seeking compliance confirmations, a wait-and-watch approach carries real risk. Non-compliance under the POSH Act can attract monetary penalties, cancellation or non-renewal of business licences and registrations, and — increasingly — direct scrutiny from district authorities. The coming weeks are best treated as a window to verify that every unit’s IC is validly constituted, that a POSH Audit is completed and documented, that Section 21 annual reports are filed, and that all mandatory disclosures are current.
Please find attached the official notification:
