Legal and Policies
Understanding the PoSH Act: Key compliance requirements for Indian workplaces
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, popularly known as the PoSH Act or ASH (Anti-Sexual Harassment Act), mandates certain compliances for Indian workplaces. The enactment of this legislation marks significant progress in workplace safety and the prevention of sexual harassment. This Act applies across all sectors. Whether public or private it is mandatory for all workplaces with more than 10 employees. Workplaces with fewer than 10 employees come under the Local Complaints Committee and are not mandated, although it is a best practice to have redressal mechanisms in place. Here are some key compliances required for workplaces in India:
● Internal committee: Workplaces must constitute an Internal Committee (IC) to handle sexual harassment complaints. The IC should consist of four to five members with at least 50 per cent representation of women. A female senior leader should serve as the Presiding Officer, and one external member should be qualified to handle such complaints.
● PoSH policy: Every workplace must create a PoSH policy by the law. This policy should detail the Anti-Sexual Harassment Policy, key definitions, IC details, and the complaints mechanism.
● Training: Workplaces MUST conduct regular training for employees at different levels. This training should raise awareness and provide sensitisation about PoSH, covering the legal aspects. Ideally, trainings should be conducted for employee awareness, manager training, HR training, and especially IC training. If blue-collar staff are present, ensure they receive training in a language they understand.
● Complaint mechanisms: Establish appropriate mechanisms and clearly outline the procedure and time limits for filing complaints. Ensure that all employees understand these processes.
● Display of PoSH policy: Display your PoSH policy in a visible place, such as on notice boards. Consider using innovative methods including posters, placards and digital displays, to communicate the policy effectively.
● Investigation and resolution: The IC must investigate all sexual harassment complaints and submit its findings to the employer. The employer must take appropriate action, recording the reasons in writing. Ensure that all parties are heard, and parties receive a report on the findings.
● Non-compliance: Failure to comply with the PoSH Act can lead to legal repercussions, including fines and imprisonment.
Adhering to these key elements is crucial for compliance with the PoSH Act. It is important to approach workplace safety with genuine commitment, not just for mere compliance.
The article has been authored by Kelp CEO & co-founder Smita Shetty Kapoor.
Legal and Policies
‘The India deal is on…’: India tariffs cut to 10% from 18% after Trump’s SC defeat
In response, Trump rolls out blanket 10 per cent tariff, “effective almost immediately”
WASHINGTON: The White House said on Friday that US trading partners, including India, will face a flat 10 per cent tariff after the Supreme Court struck down President Donald Trump’s use of emergency powers to impose sweeping import duties. Countries that reached tariff agreements with Washington, both before and after Trump’s original orders, will now be subject to the same 10 per cent levy, even if higher rates had previously been agreed.
The ruling invalidated Trump’s reliance on a 1977 law to levy sudden, country-specific tariffs, dealing a sharp blow to one of his signature economic policies. Within hours, the administration responded by certifying a new, across-the-board 10 per cent duty on imports into the United States.
In response, Trump announced an additional blanket 10 per cent tariff on all imports into the United States, signing a new order and saying on social media that it was “effective almost immediately”, after a year in which his administration had imposed varying duties to reward allies and punish rivals.
According to a White House factsheet, the new levy will take effect on 24 February and remain in force for 150 days. Exemptions will continue for sectors under separate investigations, including pharmaceuticals, and for goods entering the US under the US-Mexico-Canada Agreement.
A White House official told AFP that the administration would seek ways to “implement more appropriate or pre-negotiated tariff rates” at a later stage, signalling that country-specific arrangements could return through alternative legal routes.
The move directly affects India, which earlier this month announced a framework for an interim trade agreement with the United States. That arrangement followed Trump’s decision to lift 25 per cent punitive tariffs linked to India’s purchases of Russian oil and cut reciprocal duties from 25 per cent to 18 per cent. Under the new regime, Indian exports to the US will instead face the flat 10 per cent rate.
Trump insisted the Supreme Court verdict would not disrupt the India-US trade deal. “Nothing changes,” he said, adding that India would continue to pay tariffs while the United States would not.
“They’ll be paying tariffs, and we will not be paying tariffs. So the deal with India is they pay tariffs… It’s a fair deal now,” Trump said, describing the shift as a “flip” from past arrangements. “The India deal is on… all the deals are on—we’re just going to do it in a different way.”
Earlier on Friday, the Supreme Court ruled six to three that the International Emergency Economic Powers Act does not authorise a president to impose tariffs. Chief justice John Roberts said the law contained “no reference to tariffs or duties” and did not grant such “extraordinary power”.
Trump reacted angrily, accusing the court, without evidence, of foreign influence and claiming the ruling left him “more powerful”. Treasury secretary Scott Bessent later said the administration’s alternative approach would leave tariff revenues “virtually unchanged” in 2026.
The decision does not affect sector-specific duties on steel, aluminium and other goods, nor ongoing investigations that could lead to further levies. Still, it marks Trump’s most significant Supreme Court defeat since returning to the White House.
Markets reacted calmly, with Wall Street shares edging higher. Business groups welcomed the ruling, while uncertainty remains over whether companies will receive refunds for tariffs already paid. Analysts estimate potential refunds could reach $175 billion, though legal clarity is lacking.
