The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the PoSH Act, 2013, is a landmark legislation designed to ensure the safety, dignity, and equality of women in workplaces across India.
Among its various compliance requirements, one of the most important, yet often overlooked, obligations is the submission of the Annual Report. Every employer is legally required to submit this report at the end of each calendar year, detailing the organisation’s implementation of the PoSH law.
Far more than a procedural formality, the Annual Report acts as a mirror of an organisation’s culture, accountability, and commitment to employee well-being. It enables authorities to track the number of sexual harassment cases reported and resolved, and helps identify whether workplaces are taking proactive steps to prevent and redress such incidents.
Why the Annual Report Matters
The Annual Report serves multiple purposes under the PoSH Act, 2013:
- It provides transparency in how an organisation handles complaints.
- It allows for review and accountability, ensuring Internal Committees (ICs) are active and functional.
- It contributes to national and district-level data collection, enabling policymakers to assess trends and gaps in implementation.
- It demonstrates to employees that the organisation is serious about compliance and workplace safety.
- Failing to submit the report can signal a lack of seriousness about the PoSH law, exposing the company to both legal penalties and reputational risks.
What Should Be Included in the Annual Report
According to Rule 14 of the PoSH Rules, 2013, the Annual Report must include the following details for the corresponding calendar year:
- Number of sexual harassment complaints received during the year.
- Number of complaints disposed of by the Internal Committee (IC).
- Number of cases pending for more than 90 days, along with the reasons for delay.
- Details of awareness and training programs conducted for employees, managers, and IC members.
- Nature of action taken by the employer or District Officer in cases where the IC made specific recommendations.
While these are the minimum statutory inclusions, organisations are encouraged to go beyond compliance. A comprehensive Annual Report may also include:
- Details of policy updates or revisions during the year.
- Preventive initiatives are undertaken to build awareness and sensitivity.
- The composition of the IC, including changes (if any) in members.
- Challenges faced by the IC during investigations and how they were resolved.
- Steps taken to ensure psychological safety and restore the complainant’s confidence post-inquiry.
Such inclusions reflect a genuine organisational commitment to addressing sexual harassment not just as a legal issue, but as a matter of ethics and employee well-being.
Who Should Prepare and Submit the Report
The Internal Committee (IC) plays a central role in preparing the Annual Report. The Presiding Officer (PO), along with other members of the IC, must compile and verify all required data, ensuring accuracy and completeness.
Once the report is prepared, it must be signed by the Presiding Officer to authenticate it. The employer (or the Head of the Organisation) is then responsible for submitting the report to the relevant authority as mandated under the PoSH Act.
Employers are advised to:
- Maintain a digital and physical record of the Annual Report.
- Circulate a summary of the findings internally to relevant stakeholders such as HR, Compliance, and Legal.
- Ensure IC meeting minutes, complaint records, and training logs are properly documented throughout the year for accurate reporting.
Where and How the Report Is Submitted
The Annual Report must be submitted at the district level to the District Officer designated under the PoSH Act, 2013. Each district across India has an appointed officer (often the District Magistrate, Collector, or Deputy Commissioner) who is responsible for receiving and maintaining these reports.
Depending on the district, submission may be:
- In-person, at the District Officer’s office;
- Online, via an official email ID; or
- Through an online compliance portal (in select states).
In the case of online submissions, it is recommended to file the report from the Presiding Officer’s official email ID to maintain authenticity and accountability.
District authorities such as Gurugram, Bengaluru, and Pune frequently issue their own circulars each year, outlining formats, email IDs, and deadlines. Hence, employers should stay updated by checking local compliance notifications every December.
When Should the Report Be Filed?
The PoSH Annual Report must be filed by January 31st of the year following the reporting period.
For example:
The report for the 2024 calendar year must be filed by January 31, 2025.
However, certain districts may specify different or extended deadlines based on administrative requirements. Employers should confirm the exact timeline with their respective District Officer well before the deadline to avoid last-minute non-compliance.
Consequences of Non-Compliance
Filing the Annual Report is not optional. It is a statutory requirement under the PoSH Act, and failure to comply can lead to serious consequences.
Under Section 26 of the PoSH Act, 2013:
Non-compliance attracts a penalty of up to INR 50,000.
Repeat violations may lead to cancellation, withdrawal, or non-renewal of business licenses or registrations.
Beyond the monetary penalties, non-filing can also:
- Weaken an organisation’s credibility during audits or inspections.
- Reflect poorly during government tenders or partnership assessments.
- Damage the company’s reputation as a safe and responsible employer.
Proactive and timely compliance, on the other hand, signals integrity, ethical governance, and care for employee welfare — qualities increasingly valued by both employees and clients.
Final Takeaway
The PoSH Annual Report is more than a legal formality, it is a vital compliance document that ensures transparency and accountability in workplaces. It helps organisations assess their internal mechanisms, reinforce awareness, and strengthen trust among employees.
Employers are encouraged to treat the Annual Report as a strategic compliance tool rather than a mere checklist. By compiling accurate data, reviewing preventive measures, and fostering open dialogue about workplace safety, companies can create truly inclusive and respectful environments.
To learn more about PoSH mandates, filing procedures, or compliance audits, reach out to hello@serein.in