From Audit to Accountability: PoSH Compliance in 2026

The National Commission for Women’s (NCW’s) latest advisory on strengthening  PoSH implementation is a crucial step in uniform and standardized implementation of the PoSH Act. 

A National Push Towards Stronger PoSH Compliance

On 19th June 2026 , the National Commission for Women (NCW) issued a landmark advisory to all States and Union Territories calling for stronger implementation and monitoring of the PoSH Act. The advisory recommends several measures including mandatory annual PoSH audits, state-level compliance monitoring mechanisms, district-level accountability, enhanced reporting obligations, strengthened Internal and Local Committees, and wider adoption of the SHe-Box platform.

Perhaps the most significant recommendation is the introduction of mandatory annual PoSH audits for all establishments employing ten or more persons. The proposed audits would assess not only legal compliance but also the functioning of Internal Committees, complaint handling mechanisms, confidentiality safeguards, workplace safety measures, awareness programmes, and reporting obligations. 

The advisory further recommends that failure to conduct such audits should itself be treated as a compliance lapse.

PoSH Notifications in 2026

On 28th February 2026 the Maharashtra State Commission for Women directed authorities across the state to conduct a special audit of the constitution and functioning of Internal Committees. This move was prompted by recurring observations that several establishments had either failed to constitute Internal Committees, were not conducting regular awareness programmes, were not submitting annual reports, or were not implementing recommendations issued by their committees.

The audit framework required authorities to review critical compliance indicators such as:

• Constitution and composition of the Internal Committee.
• Complaint statistics and pendency.
• Implementation of committee recommendations.
• Annual reporting compliance.
• Awareness and training initiatives.
• Display requirements under the PoSH Act.

This was one of the first instances where authorities sought to systematically verify the actual functioning of Internal Committees rather than merely their existence.

The compliance focus intensified further on 14th May 2026 when the Maharashtra Government authorized designated officers to conduct workplace inspections under Section 25 of the PoSH Act.

The notification empowered various district and state-level authorities to inspect establishments and assess compliance with statutory obligations, including committee constitution, complaint redressal mechanisms, reporting requirements, and other compliance measures. The inspections are to be conducted using prescribed compliance checklists covering policy implementation, training programmes, confidentiality measures, annual reporting, SHe-Box onboarding, and maintenance of records.

SHe-Box is increasingly emerging as a compliance oversight tool and not merely a complaint portal. Organizations should expect greater scrutiny of the information uploaded and maintained through the platform. 

Importantly, the notification also linked inspection findings to potential action under Section 26 of the PoSH Act, thereby introducing a more direct enforcement mechanism.

Viewed together, these three developments reveal a clear trajectory. The emerging regulatory focus is no longer on whether an Internal Committee merely exists on paper. Authorities are increasingly examining whether the committee is functional, trained, accessible to employees, capable of conducting legally sound inquiries, and able to demonstrate compliance through records and reporting. 

The NCW advisory has elevated these concerns to the national level by recommending mandatory annual audits, compliance monitoring systems, district-level oversight, and stronger accountability mechanisms across the country. These developments are also consistent with the broader judicial emphasis on PoSH compliance witnessed in recent years. Courts have repeatedly highlighted gaps in implementation and called for stronger monitoring mechanisms. The NCW advisory can therefore be viewed as part of a larger movement towards institutional accountability rather than a standalone policy initiative. 

The advisory also recognises the longstanding implementation challenges faced by individuals in the unorganised sector and calls for strengthening Local Committees to ensure access to redressal mechanisms beyond traditional corporate workplaces. 

The common thread running through all three developments is unmistakable: PoSH compliance is moving from self-declaration to active verification.

What Employers Should Be Doing Now

Organizations should use this moment as an opportunity to assess whether their PoSH framework would withstand an audit or inspection. Click here to view a self audit checklist. 

For employers, the question is no longer whether a PoSH framework exists. Increasingly, the question will be whether the organization can demonstrate that the framework is functioning effectively, consistently, and in accordance with the law.

How SHLC Can Help

At SHLC, we help organizations comply with the PoSH Act by providing tailored policies, training, and unbiased investigations. We also empower employees with legal guidance and support, ensuring a safe and respectful workplace for all.

To learn more contact us via email at contact@shlc.in or on +91-9625392040

Disclaimer

The information provided in this blog post is for general informational purposes only and is not intended to be legal advice. While we strive to provide accurate and up-to-date information, the law is constantly evolving. This blog post does not constitute a lawyer-client relationship and should not be used as a substitute for seeking professional legal advice. For specific PoSH- related questions and concerns, please consult with a qualified lawyer or PoSH expert.