JANUARY 2026 EDITION

HR NUGGETS

• HR personnel must ensure that the annual report is filed on time to comply with the Act and avoid being penalised.

• HR personnel must keep in mind that even if there are zero reported complaints in their organisation, it is still necessary to file an annual report.

• An annual report does not merely cover the cases filed but must also document other relevant details, such as the number of POSH workshops and awareness programmes conducted.

• HR personnel must be mindful that annual filing requirements vary across different states and act accordingly.

FEATURED POSH CASE

Facts:

In this case, the petitioners alleged before the Supreme Court that there was a widespread and systemic failure by various State and Union Territory governments to effectively implement the POSH Act.

The petitioners contended that despite the enactment of the POSH Act, crucial statutory mechanisms were either absent or inconsistently implemented across different states. This failure has had particularly adverse implications for certain groups for whom the local committee is the primary redressal forum.

Issue:

Did the Union and State Governments fail to effectively implement the provisions of the POSH Act?

Decision:

The Supreme Court held that there was a clear and systemic failure in the effective implementation of the POSH Act across the country. Accordingly, the Court issued detailed and time-bound directions to the Union and State Governments in a bid to improve the existing structure and enhance overall POSH coordination and training.