There are various challenges that come in the way of the proper implementation of The POSH Act. Some of them may be summarised as follows: 

Improper Implementation

One of the biggest challenges faced in implementing Posh is the improper manner in which it is being implemented. In fact, even though this Act came into being in 2013, in practice, it has still not been put into place properly in a majority of Workplaces despite the legal requirement that any workplace with more than 10 employees need to put it into practice. India is still struggling for the basics like right to dignity and a safe working environment for women. One of the major reasons for this may be the lack of awareness. Grey areas in the field of sexual harassment are abundant and most people still don’t recognize the difference between harassment and sexual harassment. Most often than not, the victim is not aware of her rights and does not know who to approach in order to report misbehavior. Perspectives differ and hence, in spite of having policies in place, the Act is not able to benefit organizations the way it should.

The only solution to this is awareness, awareness and more awareness, along with inculcating a deeper level of sensitivity at the workplace and busting the myths that surround reporting against sexual harassment of any form. Seniors that are properly trained and are sympathetic to the cause of women will go a long way in supporting the proper implementation of The Act. The organizations have to treat this process of capacity building as a long term, ongoing learning process. It should be made a way of life for all and not something being done by the organization as an obligation because of the law.

Improperly Trained ICC

As per The Act, the ICC that is appointed by every organization has to deal with the various complaints of Sexual Harassment that are reported. Even though the ICC has been given massive power, yet there are certain problems that include getting the right people into the committee to begin with. Even though these ICCs are formed with the right intention, they face various hurdles like:

• Biased mindsets of otherwise qualified and experienced personnel.
• Ensuring diversity in the ICC and the presence of enough number of female members can be an uphill task keeping in mind the availability of senior level employees out of their usual job schedule and the fact that the percentage of women at senior positions is still quite low.
• Conflict of interests (in cases where the ICC member is closely associated with the complainant/accused).
• Administrative challenges in maintaining an ICC that has multiple offices and hence the ICC members are present in multiple locations.
• Deciding an appropriate meeting place to ensure confidentiality of the case. This should also be a place easily accessible for all members of the IC members and should be neutral so that neither the complainant nor the respondent feels pressurized while attending these ICC inquiries.These challenges combined make it a huge task in ensuring fairness and justice in such complicated situations. All is however not lost as creating awareness and educating the ICC members about consent and power dynamics at plays goes a long way in stabilizing the situation. Constant upskilling of the ICC team not only ensures that the law is followed to the ‘T’ but also creates a sense of security and well-being among the female workers. Accommodating with the current WFH situation and providing the technical and logistical help so that meetings can be conducted via video conferences, etc. Is also a necessity today that can no longer be avoided. Finally recognizing the input and efforts of the ICC members and praising their efforts publicly will also be a good tool in order to bolster their contributions.

Standard of Proof Required

Considering that the instances of sexual harassment generally happen behind closed doors or in dark corners, it becomes a herculean task for the ICC to come to a fair conclusion within a stipulated timeframe to be met as per the POSH Act guidelines as the inquiry generally takes the form of- HE SAID SHE SAID BLAME GAME. Some suggestions as to how this problem can be overcome are as follows:

• Taking an objective approach rather than assuming facts and proceeding on suppositions. 
• Keeping in mind that it is the result of the act and not the intent that matters.
• Making sure that the history of the complainant is not used as an excuse to shield the wrongdoer.
• Making an attempt to have a Face-to-face discussion with both the complainant and respondent, if possible.
• Interim relief to be provided to complainant eg, providing a transfer to the wrong doer/complainant or allowing the complainant to proceed on a paid leave of up to 90 days period if need be. 
• Always keeping in mind that a lack of proof does not necessarily mean that the incident did not happen.