POSH Is Not the Only Law: What Institutions and Leaders Must Know

1. Introduction

2. POSH Act: The Core Framework for Workplace Safety

3. POCSO Act: When the Victim is a child

Introduction

Imagine you’re a faculty member at a college. A student shares that a senior professor made inappropriate comments and touched them in a way that felt uncomfortable. This situation doesn’t only fall under POSH but it can also be addressed under HEI regulations and, if the student is a minor, then POCSO as well. What are these laws and what is the difference between them? In this blog and the connected ones, we’ll explore how each of these laws works, the remedies they provide, and how they differ from each other. 

Sexual harassment is a serious offense under every law. What changes is not the seriousness of the act, but the way the law responds to it. Different laws provide different remedies some focus on internal redressal, others on institutional responsibility, and some on criminal action.  

In India, sexual misconduct is not governed by one law, but by a set of laws namely, 

1. Sexual Harassment of Women at workplace, 2013 (Prevention, Prohibition and Redressal) (POSH Act)
2. Protection of Children from Sexual Offences Act, 2012 (POCSO Act)
3. Higher Education Institution (HEI) Regulations, 2015
4. Bharatiya Nyaya Sanhita, 2023 (Section 75)

POSH Act: The Core Framework for Workplace Safety

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, is the primary law that addresses sexual harassment at the workplace in India. It applies to all kinds of workplaces such as offices, factories, NGOs, hospitals, and educational institutions and applies to women employees, trainees, interns, consultants, contractual staff, and even visitors, if there is a work-related connection, whether formal or informal. 

The main aim of the act is to create a safe and respectful work environment. Organisations with 10 or more employees are required to constitute an Internal Committee (IC) to receive and inquire into complaints. If an organisation has less than 10 employees, or if the complaint is against the employer, the law provides for a Local Committee (LC) at the district level to handle the complaint, ensuring that protection is available even in smaller workplaces. 

At the same time, it is important to understand that POSH is a civil and internal redressal law. It does not replace criminal law. Where the complainant is a child, or where the conduct amounts to a criminal offence, other laws come into play alongside of POSH. In simple terms, POSH is the starting point for workplace safety but it is not always the final legal response. 

POCSO Act: When the Victim is a child

The POCSO Act is a law made with one clear purpose to protect children from sexual offences. In India, anyone under the age of 18 is a child, and the law applies everywhere homes, schools, colleges, hostels, coaching centres, and even online spaces. If a child is involved then POCSO applies. 

This is one important law that aims to protect children against not just physical abuse but it also covers inappropriate touching, sexual comments, showing explicit content, or online sexual behavior. The law makers believed that protection of children under a different law is needed as they may not fully understand or be able to say no in such situations, and that is exactly why a child cannot legally give consent. This means that any sexual interaction involving a child is treated as a criminal offence, even if the child agreed, did not object, stayed silent or trusted the other person. 

POCSO is not a policy or an internal rule it is a Penal law. Under these offences against children are treated very seriously, and the law prescribes punishments based on the severity of the crime. For instance, sexual misconduct or inappropriate sexual behavior towards a child can lead to imprisonment for a duration not less than 3 and a fine, while sexual abuse in an aggravated penetrative sexual assault (As per Section 5 of POCSO) can attract 20 years but may also extend to life imprisonment, furthermore it can also attract death sentence. 

What makes POCSO very different from laws like POSH or sector-specific frameworks like HEI Regulations is the level of immediacy it demands. In workplace or institutional harassment laws, there is usually space for internal redressal mechanisms to take the lead. Under POCSO, that flexibility does not exist. The moment a child is involved, the situation moves from an internal compliance issue to a criminal law matter. 

For professionals, this distinction is extremely important. Many organisations and institutions today operate in mixed environments where they interact with both adults and minors – whether it is educational institutions, healthcare setups, training centres, sports academies, or skill development organisations. In such environments, leaders cannot rely only on internal policies. They must be clear about when a situation crosses into mandatory criminal reporting territory. 

Another practical reality professionals must recognise is that internal inquiry and criminal reporting cannot be treated as substitutes. Under POCSO, reporting to law enforcement is not dependent on whether the institution has completed fact-finding. The law is designed this way because delays in reporting can compromise evidence and, more importantly, can put the child at continued risk. From a governance perspective, this means institutions must build reporting readiness, not just investigation capability. 

In comparative discussions with POSH or HEI Regulations, the age factor becomes the most critical trigger point. Once the victim is below 18 years, the response framework changes completely. The focus shifts from institutional resolution to criminal accountability. This does not mean internal disciplinary action becomes irrelevant, but it cannot replace or delay statutory reporting obligations. 

Another aspect professionals often underestimate is the digital exposure risk. Today, interactions between adults and minors are no longer limited to physical spaces. Online classrooms, mentoring platforms, coaching sessions, and informal communication channels have created new areas of risk. Under POCSO, inappropriate digital conduct involving a minor can carry the same seriousness as physical misconduct. This requires professionals to rethink digital behaviour policies, supervision mechanisms, and documentation standards. 

From an institutional risk perspective, POCSO compliance is increasingly being viewed as part of overall safeguarding governance rather than only legal compliance. Regulators and courts are now looking at whether institutions took reasonable preventive steps such as staff training, background checks, reporting awareness, and child protection frameworks. The question is no longer only “Did you respond after an incident?” but also “What did you do to prevent it?” 

There is also a leadership dimension to POCSO compliance. In many cases, failures happen not because laws are unclear, but because professionals hesitate to escalate concerns involving minors. POCSO is very clear in its intent when in doubt, report. The law is designed to prioritise child safety over institutional comfort or reputational risk management. 

In a broader legal comparison, if POSH focuses on workplace dignity and HEI Regulations focus on safety within academic ecosystems, POCSO focuses on absolute protection of children, backed by criminal enforcement. Each law operates in its own space, but professionals must be able to quickly identify which framework gets triggered based on who is involved and the context of the incident. 

Ultimately, POCSO reinforces a simple but powerful compliance message for professionals: when minors are part of the ecosystem, safeguarding cannot be reactive. It has to be structured, documented, trained, and leadership-driven. The law leaves very little room for discretion because it is built on the understanding that children require the highest level of legal protection. 

To keep children truly safe, the law makes it mandatory to report any suspected or known abuse. Ignoring it isn’t just irresponsible, but it’s punishable. Anyone who fails to report can face up to 6 months in jail, a fine, or both. And if you’re in charge of an institution like a school or college the consequences are even stricter that is up to 1 year in jail and a fine for not reporting abuse by someone under your supervision. The message is clear: any sexual activity involving a child is a serious crime, and staying silent or looking the other way can land you in legal trouble.