India strengthens enforcement of workplace harassment law through Maharashtra inspection framework

At a glance

• On 14 May 2026, the Women and Child Development Department of the government of Maharashtra introduced a circular establishing an inspection framework to assess employer compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (PoSH Act).
• Designated officers are authorised to inspect establishments, review records and verify that internal committees are properly constituted, and complaints are handled in accordance with the law.
• The framework introduces a detailed inspection checklist covering policies, complaint handling, training, operational compliance and SHe-Box portal requirements.
• The inspection regime reflects increased regulatory scrutiny and a shift from policy-based compliance to demonstrable operational implementation.
• Non-compliance identified during inspections may result in penal action under the PoSH Act, reinforcing the importance of robust and auditable compliance frameworks.

We would like to express gratitude to JSA for their contribution on this publication.

On 14 May 2026, the Women and Child Development Department of the government of Maharashtra issued a circular introducing an inspection framework to assess employer compliance with the PoSH Act.

The circular authorises designated officers to conduct inspections of establishments, including reviewing workplace records and verifying whether organisations are effectively implementing their statutory obligations. This includes assessing whether internal committees are appropriately constituted, complaints are handled in accordance with prescribed procedures, and reporting requirements are being met.

A key feature of the framework is the introduction of a detailed inspection checklist, which functions as a comprehensive compliance audit tool. The checklist covers core areas such as adoption and dissemination of PoSH policies, constitution and functioning of internal committees, mechanisms for handling complaints and inquiry process, employee awareness and training initiatives, and broader operational compliance requirements. It also examines emerging areas such as digital workplace safety, work-from-home arrangements, appointment of nodal officers and integration with the SHe-Box portal.

The circular also establishes an administrative structure for inspections, with responsibilities allocated across state, divisional and district authorities, and requires adherence to prescribed procedures to ensure consistency and avoid duplication in inspections. 

Importantly, the circular makes clear that deficiencies identified during inspections may result in penal action under section 26 of the PoSH Act. This development signals a shift towards active regulatory enforcement and indicates that employers are expected to demonstrate substantive compliance in practice, rather than relying solely on formal policy adoption.

Given the breadth and detail of the inspection framework, employers operating in Maharashtra should consider undertaking internal compliance reviews to ensure that their policies, procedures and practices can withstand regulatory scrutiny.