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POSH Act Lawyer India — Compliance and IC Investigations

Practice Overview

POSH Act 2013 — compliance, investigation, defence.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 imposes structural compliance obligations on every employer with ten or more employees. Novation Legal advises corporates, family businesses, professional services firms and global captives on the full POSH framework — Internal Committee constitution, annual reporting, complaint procedure, investigations and writ-resistant findings.

Internal Committee Constitution

Statutory composition with external member.

An IC must have at least four members — a presiding officer (senior woman employee), at least two employee members, and at least one external member from an NGO or familiar with sexual harassment issues. We constitute compliant ICs across multi-location organisations, train members in inquiry methodology, draft IC procedure manuals and serve as external members for clients who require independent expertise.

Annual Compliance

Annual report, disclosure in director's report, training calendar.

Section 21 of the POSH Act mandates an annual report by every employer to the District Officer; Section 22 requires disclosure in the company's annual report. We prepare both, conduct mandatory annual training (for all employees and IC members), maintain documentation of compliance and audit trail for regulator review.

Investigations

Independent inquiry that withstands writ challenge.

A poorly conducted IC inquiry collapses on writ review. We conduct independent POSH inquiries — as external members, as sole inquiry officers under court reference, or as advisory counsel to internal IC — that produce findings withstanding subsequent civil and writ challenge. Every inquiry follows a documented methodology: complaint screening, preliminary inquiry, formal inquiry with cross-examination, evidence assessment under preponderance standard, and reasoned written order.

Employer Defence

Defending the employer when challenge arises.

Where the complainant or respondent challenges IC findings before the appellate authority, the labour court, or the High Court under writ jurisdiction, we represent the employer. We have defended IC findings before the Delhi High Court and the National Commission for Women, and have appeared in the appellate forums in Maharashtra, Karnataka and Tamil Nadu.

Related Practice Areas

Related expertise.

Confidential Consultation

Speak to a partner about POSH compliance and workplace investigations.

Every matter is handled by a partner with end-to-end accountability. Book a confidential consultation in the strictest BCI compliance.

Call +91 79828 32079WhatsApp a PartnerEmail info@novationlegal.in