Promise and Paradox of POSH

Women are rising across sectors, striving for professional success. It is an achievement worth celebrating. Yet beyond recognition and growth, understanding workplace decorum, professional boundaries and governing regulations is equally vital. Lawyer Madhri Guruswamy shares insights on the Sexual Harassment of Women at Workplace Act (POSH). Excerpts from the interview.

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Industrial Economist (IE) : Can you brief your journey on being associated with the POSH law?
Madhri Guruswamy (MG): Began en­gaging with the POSH Act when it was still a bill. Over 12 years, I have grown alongside it. In recent years, com­plaints have risen significantly. While it is encouraging that more women are speaking up, the process can also be emotionally demanding. The frame­work is strong but women who file complaints often face isolation, high­lighting the need for better protection beyond the legal process.

IE: Have you seen a shift in the nature and volume of complaints?
MG: Yes. There is a rise in women filing complaints and addressing the issue boldly. It is the enquiry process that takes time, up to 90 days. In the process, repeated hearings can feel retrauma­tising and sometimes psychological counselling is required for both par­ties. We explain at the outset that it is a structured, time-bound and must be approached patiently.

IE: There is frequent discussion about misuse of the POSH. Your view on this.
MG: From my experience, about 60 per cent of complaints are genuine, while 20 per cent are borderline cases where there is uncertainty about whether the conduct qualifies as harassment. The remaining 20 per cent may in­volve ulterior motives. However, action against false complaints is possible only after a thorough inqui­ry and never by assumption.

IE : Where do you see the gap in imple­mentation of the act?
MG: The primary gap lies between the law and its execution. Internal commit­tees function like quasi-judicial bodies. Members of these committees are often doctors, teachers, or IT profession­als. They lack legal training. Capacity building and specialised training are essential. Simultaneously, some organ­isations over-implement requirements beyond the act’s mandate. There is also confusion on who holds the author­ity of implementation, whether by the labour department, social welfare de­partment, or the ministry of women and child development. Despite im­proved clarity, practical gaps persist.

IE: What does women empowerment mean to you and your advice to young women?
MG: Women empowerment, in my view, is still a work in progress. At the grassroots, fisherwomen reportedly contribute around Rs 7500 crore an­nually and they handle a significant portion of post-catch work. There are around 50,000 women salt pan workers. They all still face basic issues despite playing a major role to improve Tamil Nadu revenue. Urban corporate spaces show progress, but glass ceilings persist. For young profession­als, empowerment must include awareness and re­sponsibility. . Men, too, must clearly understand consent and professional conduct. True empow­erment combines structural change, awareness and ma­turity.

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