SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 (POSH ACT)
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 protects women from sexual harassment at their place of work. It came into force on 9 December 2013 and superseded the Vishaka Guidelines laid down by the Supreme Court. Every workplace with 10 or more employees must constitute an Internal Committee (IC) — the terms “Local Complaints Committee” and “Internal Complaints Committee” were replaced with “Local Committee” and “Internal Committee” by the 2016 amendment to Sections 6, 7 and 24.
Section 354A of the Indian Penal Code, 1860 — which criminalised sexual harassment and prescribed penalties of one to three years’ imprisonment and/or fine — has been repealed and replaced by Section 75 of the Bharatiya Nyaya Sanhita, 2023 (BNS), effective 1 July 2024, when the BNS replaced the IPC nationwide. The definition and punishment structure carry over largely unchanged; Internal Committees and Inquiry Officers should now cite BNS Section 75 (not IPC 354A) in reports, findings and orders.
COMPANIES (ACCOUNTS) RULES, 2014 — DISCLOSURE OF COMPLIANCE IS MANDATORY
The Ministry of Corporate Affairs has amended the Companies (Accounts) Rules, 2014 to mandate the disclosure regarding the implementation of the Sexual Harassment of Women at Workplace Act (POSH laws) in the Director’s Report of every company. It has been made mandatory to include a statement in the Director’s Report that the company has complied with provisions relating to the constitution of the Internal Committee under POSH laws.
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 (POCSO)
POCSO is gender neutral, meaning that crimes of this nature committed against children will be handled by this Act irrespective of the gender of the child. It is mandatory for the police to register a First Information Report (FIR) in all cases of child abuse. We also organize POCSO Awareness and Intensive Course Programs in all Educational Institutions, Crèches, Sports Academies or any other facility for children and corporates who play a role as supplier to educational institutions.
The Protection of Children from Sexual Offences (Amendment) Act, 2024 is fully passed and operational, codifying a strict mandatory 24-hour reporting rule and robust, time-bound victim-compensation procedures. The 2012 Act, as amended, remains fully in force. Investigations in POCSO cases must also be completed within the expedited timelines prescribed under the Bharatiya Nagarik Suraksha Sanhita, 2023, which officially replaced the Code of Criminal Procedure on 1 July 2024.
THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 require social media and OTT platforms to maintain a thorough mechanism for grievance redressal. These Rules have generated significant debate since their release, and a 2023 amendment empowering a government Fact-Check Unit to flag “fake, false or misleading” content about the Central Government was struck down as unconstitutional by the Bombay High Court in Kunal Kamra v. Union of India (Final Tie-Breaker Judgment, 20 September 2024), on the ground that it was vague, overbroad, and had a chilling effect on free speech under Article 19(1)(a). Other pending challenges to the 2023 amendments have been transferred to the Delhi High Court and remain sub judice.
TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019
The Transgender Persons (Protection of Rights) Act, 2019 was enacted with the objective of protecting the rights of transgender people, their welfare, and other related matters, following the Supreme Court’s 2014 judgment in National Legal Services Authority v. Union of India (NALSA v. UOI), which recognised the rights of transgender people in India.
The Transgender Persons (Protection of Rights) Amendment Act, 2026 was passed by both Houses of Parliament and received the assent of the President on 30 March 2026. It proposes to substantially revise the original framework by deleting the statutory right to “self-perceived gender identity,” shifting the issuance of a Certificate of Identity by the District Magistrate to a mandatory recommendation by a District Medical Board, and redefining terms to a specific list of sociocultural categories (such as hijra, kinner, aravani, jogta, eunuch, and specified intersex variations). It also mandates hospital reporting of gender-affirmation surgeries and introduces graded penalties for offences such as forced transgender identity and trafficking.
Important Compliance Note: While the Act was signed by the President in March 2026, it has not yet been formally enforced via an enforcement notification in the Gazette by the Central Government. Additionally, the framework faces an active constitutional challenge before the Supreme Court, which issued notice to the Union Government in 2026. Employers and Internal Committees should continue to follow the self-identification position under the active 2019 Act while treating the new amendments as pending notification.
Digital Personal Data Protection Act, 2023 & Rules, 2025
The Digital Personal Data Protection Act, 2023 is India’s first comprehensive data protection law. It was operationalised following the notification of the Digital Personal Data Protection Rules, 2025 on 13 November 2025. The rules implement a strict, calibrated rollout: while structural board provisions took effect immediately, core corporate data obligations (such as notice delivery, detailed consent management, and specific erasure timelines) become legally active on a phased basis extending up to 18 months (stretching into mid-2027). Employers and Internal Committees processing personal data in the course of POSH inquiries — including sensitive details shared by complainants, respondents and witnesses — should actively utilize this transitional window to align their consent, breach-notification, and data-minimisation practices with this new regime, alongside the mandatory confidentiality requirements under Section 16 of the POSH Act.
