eLearnPOSH Monthly Digest (December Edition- 2025)

1. From the Editor’s Desk – Should Rising POSH Complaints Worry Us?

2. Office Romance & POSH: What Organisations Need to Know

3. UGC’s New POSH Directive: What Every HEI Must Do Now

4. eLearnPOSH Answers a Few Commonly Asked Questions

5. Guest Article by Nagaraja Bangalore Subbarao

1. From the Editor’s Desk – Should Rising POSH Complaints Worry Us?

As the POSH Act completes 12 years, rising complaints highlight the need for stronger workplace culture, effective Internal Committees, and consistent action to ensure real safety.

About the Author

Ms. Maya Sreenivasan

Psychologist, Subject Matter Expert at eLearnPOSH.com
Maya Sreenivasan brings hands-on experience in workplace compliance, specializing in the POSH Act, 2013 and Industrial Psychology. With over 7 years of experience in advising organisations on POSH policies and training Internal Committees, she plays a critical role in shaping the content and legal accuracy of eLearnPOSH.com’s training programs. 

As the POSH Act completes 12 years, organisations across India are revisiting how effectively their workplaces prevent and address sexual harassment. Over the past decade, the law has strengthened awareness, formalised Internal Committees, and pushed companies toward safer work environments. Yet the recent rise in POSH complaints shows that there is still a long way to go. Twelve years on, the real measure of progress lies not in the number of complaints alone, but in how organisations respond, support employees, and build cultures where dignity and safety are non-negotiable.

A recent report shows that some of India’s top companies have seen a 6% increase in sexual harassment complaints under the POSH Act this year. Now, is that good news? Or should we be concerned?

It’s tempting to look at the numbers and breathe a sigh of relief. Employees aren’t holding it in anymore. That’s important. Awareness is higher. Processes are clearer. Maybe even trust in the system has grown.

But let’s not get too comfortable.

An increase in reporting doesn’t always mean your workplace is safer. It could also mean people are finally naming what’s been happening for a long time. It could mean that what was ignored before is no longer invisible. It could also mean that the problem is actually growing. And we’re just now starting to hear it.

So instead of asking, “Is 6% high or low?” the real question is: What happens after someone files a complaint? Is it resolved fairly? Do things change? Does the person feel heard? Or do we close the file and move on?

That 6% increase is a signal. It asks us to pay attention.

Ask yourself: Why are people reporting now? Is it because they feel safe, or because they’ve run out of patience? And once they do report, what are we doing with that trust?

Now is a good time for every organisation to stop and really review their POSH ecosystem. Policies are one thing. What happens in the meeting rooms, in WhatsApp groups, in interview panels that’s what tells you what kind of culture you have.

If you’re seeing more complaints, don’t rush to defend it as a sign of progress. And don’t fear it either. Just ask: What does this number mean for us? And what are we willing to do about it?

Because in this space, silence isn’t always peace. And reporting isn’t always disruption. Sometimes, it’s the first sign that your system is finally beginning to work.

So maybe the way forward is to take it one step at a time, with intention and consistency. Sexual harassment complaints will reduce only when Internal Committees and organisations handle every complaint with care and clarity. When people see that a complaint leads to a fair enquiry and real action, it encourages others to speak up and it also reminds everyone that inappropriate behaviour has consequences. Bit by bit, these responses shape the culture far more than the numbers ever will. Change begins quietly, with one complaint handled well at a time.

2. Office Romance & POSH: What Organisations Need to Know

Modern workplaces are more connected than ever. Hybrid work, late-night collaboration, and constant digital communication have blurred professional boundaries and increased the likelihood of romantic relationships at work. At the same time, employees are more aware of consent, safety, and power dynamics. This combination makes workplace romance a sensitive area that organisations can no longer overlook. What was once considered a “personal matter” now has direct implications for culture, fairness, and POSH compliance.

What POSH Actually Says

Interestingly, the POSH Act, 2013 does not prohibit or restrict consensual relationships at work. The law is silent on office romance, which means adults are free to enter relationships voluntarily. What POSH does regulate is conduct. The moment behaviour becomes unwelcome, uncomfortable, or coercive, during or after the relationship, it may fall within the definition of sexual harassment. So, while the relationship itself is not the issue, how the individuals conduct themselves is what determines whether POSH is triggered.

Where the Real Risks Come In

Even fully consensual relationships can lead to complicated situations.

• Power imbalances, especially between a manager and a subordinate, can create concerns around coercion, favouritism, or conflict of interest.
• Breakups often bring greater challenges. Persistent messages, pressure to reconcile, emotional reactions, or retaliatory behaviour can quickly turn a personal matter into a workplace dispute or a POSH complaint.
• Beyond the couple involved, the relationship can unintentionally affect the larger team. Colleagues may begin to feel uneasy if they witness private affection in the office or notice personal conversations creeping into work interactions.
• Even when the couple behaves professionally, others may still perceive bias. Over time, this atmosphere of discomfort, gossip, or perceived unfairness can contribute to a hostile work environment.

How Organisations Can Respond

The most effective way to manage these risks is through clarity and consistency.

To make this guidance truly effective, organisations need a workplace relationships policy that goes beyond simply acknowledging that office romance exists.

The policy should clearly define what is acceptable, what must be disclosed, and how the organisation will manage potential conflicts. At minimum, it should include a disclosure clause for relationships where one partner has influence over the other’s performance, salary, promotions, or day-to-day work. The policy should also outline expected standards of conduct at work.

Another important element is a conflict-of-interest clause that explains how decisions involving the partner will be monitored or reviewed to prevent perceived favouritism. It should specify that individuals in a relationship cannot participate in evaluations, promotions, or disciplinary decisions affecting their partner.

Finally, the policy should reinforce confidentiality and non-retaliation. Employees must feel safe to disclose a relationship or raise concerns without fear of judgement or adverse consequences. And if a relationship ends, the policy should emphasise respectful behaviour, no unwanted contact, and clear boundaries to prevent escalation or discomfort.

Strong POSH training ensures employees understand consent, boundaries, digital etiquette, and the importance of respectful behaviour. Internal Committee members should be equipped to handle sensitive cases impartially, without moral judgement. Above all, organisations must foster a culture where employees can seek guidance or raise concerns safely and confidentially.

The Bottom Line

Office romance is not illegal, nor is it inherently problematic. But unmanaged relationships can create some of the most complex situations under POSH. With thoughtful policies, clear boundaries, and a culture rooted in respect, organisations can allow personal freedom while safeguarding professional integrity and compliance.

3. UGC’s New POSH Directive: What Every HEI Must Do Now

The University Grants Commission (UGC) has issued a nationwide directive calling for immediate strengthening of the Sexual Harassment of Women at Workplace (POSH) Act, 2013 across all Higher Education Institutions (HEIs).
This is in response to the concerns raised by the National Commission for Women (NCW) that many colleges and universities still lack fully functional Internal Complaints Committees (ICCs) and do not conduct sufficient awareness programmes, leaving students and staff vulnerable.

Click here to view the document: UGC directives

The circular makes one thing clear: POSH compliance is not a formality it is a mandatory, continuous responsibility.
Institutions must demonstrate that their systems are active, visible, and accessible, not just documented on paper.

Under this directive, all HEIs must:

• Constitute and operationalize a properly formed ICC] as per the POSH Act.
• Submit updated POSH compliance data for 2024 – 25 on the UGC SAKSHAM Portal.
• Run regular awareness and gender-sensitization programmes for students, faculty, and staff.
• Publicly display ICC details, reporting mechanisms, and POSH guidelines.
• Participate in NCW’s Campus Calling Programme, which promotes campus-wide safety and awareness.

To support institutions, here is a consolidated checklist based on the directive.

UGC POSH Compliance Checklist for Higher Education Institutions

1. Internal Committee Requirements

• ICC constituted according to Section 4 of the POSH Act.
• ICC details displayed on campus notice boards and the institution’s website.
• ICC meets regularly, maintains minutes, and handles complaints as per legal timelines.

2. Reporting & Documentation

• 2024–25 POSH status report uploaded to UGC’s SAKSHAM Portal.
• Annual POSH Report submitted to the District Officer.
• Proper records maintained: complaints, inquiry reports, recommendations, and actions taken.

3. Awareness & Sensitization (Mandatory Under Directive)

• Regular training sessions for students, faculty, and non-teaching staff.
• Gender-sensitisation initiatives conducted throughout the academic year.
• POSH training included in student orientation and onboarding for new staff.

4. Complaint Mechanism & Accessibility

• Multiple reporting channels (email, digital form, written submission) available and communicated widely.
• Confidentiality assured during every stage of the inquiry.
• Strong non-retaliation protections communicated to complainants and witnesses.

5. Visibility & Campus Culture

• POSH policy, ICC contacts, and complaint procedure displayed prominently across campus.
• Safe campus measures implemented: improved lighting, CCTV in vulnerable areas, safe mobility options.
• Zero-tolerance stance on harassment communicated clearly to all stakeholders.

6. Participation in NCW’s Campus Calling Programme

• Institution registered/engaged with NCW for training under the programme.
• Students and faculty encouraged to attend workshops, webinars, and awareness drives.

7. Governance & Periodic Internal Review

1. POSH audits conducted to assess ICC functioning and training coverage.
2. Gaps identified and corrective action implemented.
3. Institutional leadership (VC/Principal/Registrar) actively monitors compliance.

4. eLearnPOSH Answers to a Frequently Asked Questions

1. How frequently should an organisation amend its POSH Policy?

There are no specific guidelines in the POSH Act or rules that prescribe how often an organisation must amend its POSH Policy.

However, an organisation should revise the policy whenever there is a need, such as:

• Changes in the law or important judicial decisions.
• Changes in organisational structure, such as new IC members, revised complaint mechanisms, or updated HR processes.
• Significant internal changes that affect reporting lines, grievance procedures, or safety protocols.

Even if no specific change arises, it is good practice to review the POSH Policy at least once a year to ensure it remains current and compliant.

2. Can persons of all genders file a complaint of sexual harassment under the POSH Act?

Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, complaints can be filed only by women who experience sexual harassment at the workplace.
This also includes transgender persons who identify as women.

However, organisations may choose to create gender-inclusive internal policies that allow employees of all genders to report workplace harassment.
But it is important to note:

• Only complaints from women (cis) and trans-women can be handled under the POSH Act.
• Complaints from other genders must be redressed under the organisation’s Code of Conduct, Workplace Harassment Policy, or related internal policies.

3. If a company has more than 10 employees but no women employees, is it still required to constitute an Internal Committee (IC)?

Yes. POSH compliance is mandatory for every organisation with 10 or more employees, regardless of gender composition.

Even if a company has no women employees, its employees may interact with women vendors, clients, consultants, visitors, or customers.
If any such woman faces sexual harassment by your employee, she has the right to file a complaint with your IC, and the IC is legally required to redress it.

If there are no women available internally to serve on the IC:

• You may nominate women employees from sister companies, other branches, or group entities.
• If that is also not possible, you may appoint two external female members (e.g., from NGOs or with POSH/legal expertise), as long as the IC structure meets statutory requirements.

4. If an employee harasses another employee outside office hours and away from the workplace, and not related to work, can the aggrieved woman still file a complaint with the IC?

Under the POSH Act, an IC can take cognizance of a complaint only if the incident:

1. Occurred at the workplace, or
2. Arising out of or occurred during the course of employment,
3. Has a direct impact on the woman at the workplace, such as creating a hostile or intimidating work environment.

If the incident has no connection to work and does not impact her work environment, it will not fall under the jurisdiction of the IC.

In such cases, the aggrieved woman should file a complaint with the police, as it becomes a criminal matter rather than a POSH matter. But if the earlier incident continues to affect her at the workplace because of the respondent’s actions and this results in a hostile environment, then the IC will have jurisdiction to examine the complaint.

5. Can organisations add a Bystander Intervention Clause in its POSH Policy to allow witnesses to file complaints directly with the IC?

As per the POSH Act, a bystander cannot file a POSH complaint without the consent of the aggrieved woman.

A bystander may:

• Report the matter to HR or IC informally,
• Encourage the aggrieved woman to file a complaint,
• Provide support or evidence,
• Raise safety concerns with leadership.

However:

• If a bystander files a formal complaint without the woman’s consent, the IC cannot proceed unless the aggrieved woman confirms that:
• She has a complaint, and
• She is willing to participate in the inquiry process.

5. Guest Article: Menstrual Leave and Privacy: The Hidden DPDPA Challenge in Your HR System

About the Author

Nagaraja Bangalore Subbarao is a globally recognised lawyer with over 16 years of expertise in Intellectual Property, Technology, Data Privacy, Commercial, and Franchise law. He advises corporates, startups, and global institutions on strategy, compliance, complex transactions, and high-stakes disputes. Known for his business-aligned legal approach, he has guided clients through global IP portfolios, technology and franchise agreements, cross-border M&A, commercial contracting, and data privacy frameworks including GDPR and DPDPA.

His client roster spans IAAS leaders, Conversational AI innovators, German manufacturers, Big-4 firms, and global banks. Combining deep legal insight with practical foresight, Nagaraja is a trusted advisor at the intersection of law, technology, and business.

Disclaimer: The views and opinions expressed in this article are those of the guest author and do not necessarily reflect the official policy or position of eLearnPOSH. We assume no responsibility or liability for any errors or omissions in the content of this article.

Menstrual Leave is No More Private at Work?

Why India’s DPDPA Makes Privacy the Next Workplace Challenge

The Karnataka Cabinet recently approved one paid menstrual leave per month for women employees a landmark policy for gender inclusion and workplace wellness.

While the move deserves applause, it also opens up a new and largely unaddressed question: How do we ensure menstrual leave data remains confidential under the Digital Personal Data Protection Act (DPDPA), 2023?

Because in reality, applying for “menstrual leave” may unintentionally reveal sensitive health information to multiple people within an organization HR staff, reporting managers, payroll processors, and even system administrators.

Understanding the Privacy Angle

Under the DPDPA, any information that reveals an individual’s health condition, biological function, or physical status qualifies as personal data, and in this context, even sensitive personal data.

When an employee applies for menstrual leave, the following privacy risks emerge:

• Overexposure: Leave labels or comments visible to non-HR employees or supervisors.
• Unauthorized access: Payroll teams or line managers having visibility into leave types.
• Improper record retention: HR systems storing menstrual leave data indefinitely.
• Lack of consent: Employees may not be aware of who has access to their sensitive information.

The law is clear purpose limitation, data minimization, and consent are key obligations for organizations processing personal data.

Suggested SOP: Protecting Privacy While Enabling Menstrual Leave

To make menstrual leave both inclusive and privacy-compliant, organizations should establish a standard operating procedure (SOP) aligned with DPDPA principles.

1. Leave Policy Design:

• Rename the category internally as “Wellness Leave” or “Personal Wellness Leave” to maintain confidentiality.
• Provide employees an option to indicate menstrual leave confidentially to HR (not mandatory disclosure).

2. Consent and Notice:

• Update the HR Privacy Notice to include menstrual leave data as part of health-related personal data.
• Obtain explicit or implied consent for processing such data for attendance and payroll purposes.

3. Data Access and Handling:

• Restrict visibility of leave reasons to authorized HR personnel only.
• Configure HRMS or attendance systems to mask leave descriptions from reporting managers.
• Avoid tagging leave applications with identifiable labels visible across dashboards.

4. Record Management:

• Retain menstrual leave records only for statutory or audit purposes, then delete or anonymize them.
• Establish a data retention schedule under the organization’s HR data policy.

5. Training and Awareness:

• Train HR staff on the sensitivity of health-related information.
• Build awareness about confidentiality obligations under DPDPA.

6. Technical Safeguards:

• Use role-based access controls in HR systems.
• Maintain audit logs to record who accesses sensitive leave data.
• Ensure data encryption and secure transmission within HR applications.

Why It Matters

The spirit of menstrual leave lies in trust, inclusion, and respect. But without privacy safeguards, even a well-intentioned policy can make employees uncomfortable sharing personal health details.

The DPDPA provides an opportunity and an obligation to ensure that dignity and data protection go hand in hand. Empower women to take leave when needed but ensure that the reason for their leave remains private.

Because true inclusion is not just about access to benefits it’s about protecting privacy with empathy.

Conclusion

Menstrual leave is a progressive step for workplaces. DPDPA compliance ensures it is also a responsible and confidential one.

Organizations that proactively build privacy-by-design frameworks into their HR systems will not only comply with the law but also strengthen workplace trust and culture.

Inclusion without privacy is incomplete. It’s time to make both work together.

Let’s ensure progressive policies don’t compromise privacy. If you’re among the women leaders, policymakers, or advocates who made this change possible your insights matter. How do you see DPDPA shaping workplace wellness?

#DPDPA #PrivacyAtWork #HRCompliance #DataPrivacy #WorkplaceInclusion #WomenAtWork #DigitalPrivacy #IndiaCompliance