When a Workplace Turns Unsafe: The Lucknow Hospital Case and the Relevance of the POSH Act, 2013

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Queen Mary Hospital, Lucknow When a Workplace Turns Unsafe
Queen Mary Hospital, Lucknow

When a Workplace Turns Unsafe: A recent incident at Queen Mary’s Hospital, Lucknow, has once again brought workplace safety and the POSH Act, 2013 into sharp focus. According to reports, a junior resident doctor has accused her senior colleague of molestation within the hospital premises, an environment that is supposed to be one of healing, care, and trust. The shocking allegations have stirred widespread concern, not just within the medical community but also across professional sectors, reminding us that no workplace — no matter how reputed — is immune to harassment or abuse of power.

This incident underscores the urgent need for strong awareness, accountability, and preventive mechanisms in every organization. It reflects how the absence of sensitivity, boundaries, and respect can turn even the most noble institutions into unsafe spaces for employees. The case serves as a wake-up call — emphasizing that workplace safety is not optional but a legal and moral duty under the POSH Act. Every organization must ensure that its staff is trained, aware of their rights, and confident in reporting any form of misconduct without fear or hesitation.

Ultimately, this case is not just about one hospital or one incident — it is a reminder that creating a truly safe workplace requires collective responsibility, timely intervention, and zero tolerance for harassment of any kind. When a Workplace Turns Unsafe

According to the source, the incident took place on September 17, when the female doctor went to the ICU in charge’s room to discuss a patient’s medical case. During the discussion, she alleged that her senior colleague crossed professional boundaries, held her hand without consent, and behaved in an inappropriate and uncomfortable manner. Shocked and disturbed by the incident, she reportedly tried to distance herself and immediately left the room. Later, she decided to speak up and file a formal complaint, emphasizing that such misconduct within a professional healthcare setting is unacceptable and must be addressed with seriousness and sensitivity. When a Workplace Turns Unsafe

Showing remarkable courage and professionalism, the doctor submitted a detailed five-page written complaint to the hospital administration on September 19, describing the incident and its impact on her. The hospital’s Internal Complaints Committee (ICC) promptly took cognizance of the matter in accordance with the POSH Act, 2013, and initiated an internal inquiry. Statements from both the complainant and the accused were recorded, along with testimonies from relevant witnesses. After examining the evidence and reviewing all aspects of the case, the ICC has recommended further disciplinary action against the senior doctor, reaffirming the hospital’s commitment to ensuring a safe and respectful workplace for all employees. When a Workplace Turns Unsafe

But this is not just a hospital matter — it’s a reflection of how our workplaces still struggle to ensure safety and dignity for women.


⚖️ Why This Case Matters Under the POSH Act, 2013

The Prevention of Sexual Harassment (POSH) Act, 2013 was enacted as a crucial step toward ensuring safety, dignity, and equality in workplaces across India. It mandates that every employee — irrespective of their gender, designation, or employment type — should be able to work in an environment that is free from intimidation, discrimination, and harassment. The law places a legal obligation on all employers to create awareness, establish an Internal Complaints Committee (ICC), and follow due process in handling complaints of sexual harassment. More than just a compliance measure, the POSH Act reflects a broader vision of building a culture of respect and accountability, where individuals feel empowered to speak up without fear and organizations are held responsible for fostering a safe workspace. When a Workplace Turns Unsafe

  • Under the POSH Act, 2013, every workplace employing 10 or more individuals is legally required to constitute an Internal Complaints Committee (ICC) to address complaints of sexual harassment. This committee serves as the backbone of workplace safety and ensures that any grievance is handled promptly, fairly, and confidentially. The ICC must include a senior woman employee as the Presiding Officer, along with representatives from different departments and one External Member experienced in legal or social work related to women’s rights. By establishing a properly trained and functional ICC, organizations demonstrate their commitment to compliance, fairness, and employee welfare. Beyond fulfilling a legal obligation, the presence of an ICC builds trust and accountability, assuring employees that their concerns will be heard and addressed with integrity and sensitivity, When a Workplace Turns Unsafe
  • As per the POSH Act, 2013, a complaint of sexual harassment must be filed within three months from the date of the incident. In cases where the harassment is continuous or recurring, the three-month period is counted from the date of the last incident. This timeline ensures that cases are reported and addressed promptly, allowing the Internal Complaints Committee (ICC) to investigate while the facts are still fresh. However, the Act also empowers the ICC to extend this period by another three months if it is satisfied that there were valid reasons for the delay — such as trauma, fear, or other genuine circumstances. This provision strikes a balance between timely justice and compassionate understanding, ensuring that victims are not denied the right to be heard merely due to procedural delays. When a Workplace Turns Unsafe
  • The Internal Complaints Committee (ICC) is legally bound under the POSH Act, 2013 to conduct a fair, time-bound, and impartial investigation into every complaint received. The process must ensure that both the complainant and the respondent are given a full and equal opportunity to present their case, submit evidence, and bring witnesses in their support. The ICC must maintain strict confidentiality throughout the proceedings and complete the inquiry within 90 days from the date of the complaint. Its findings and recommendations should be based purely on facts, documents, and testimonies — free from bias or influence. By following this structured and transparent approach, the ICC ensures natural justice, protects the dignity of both parties, and strengthens the organization’s culture of accountability and fairness. When a Workplace Turns Unsafe

The Queen Mary’s Hospital case highlights the vital importance of having a properly constituted and active Internal Complaints Committee (ICC) under the POSH Act. In this case, the ICC’s timely intervention ensured that the complainant’s voice was heard and her grievance was addressed through a fair and transparent process. It demonstrates how an effective ICC can transform the culture of accountability within an organization, providing victims with a safe, confidential, and structured platform to seek justice without fear of retaliation. This case serves as a reminder that when institutions take the law seriously and empower their ICCs to act independently, it not only helps deliver justice to victims but also strengthens trust, discipline, and integrity within the workplace as a whole. When a Workplace Turns Unsafe


The Bigger Question — Are Our Workplaces Truly Safe?

Despite the POSH Act being more than a decade old, many organizations still treat compliance as a formality rather than a responsibility.
A large number of employees are unaware of their rights, the ICC structure, or the process for filing a complaint. When a Workplace Turns Unsafe

This lack of awareness results in silence, fear, and continued misconduct. To change that, every organization must:

  • Conducting regular POSH awareness and training sessions is essential for building a safe and respectful workplace culture. These sessions help employees understand what constitutes sexual harassment, how to identify inappropriate behavior, and the correct way to respond or report incidents. For employers, regular training ensures compliance with the POSH Act, 2013, which mandates that organizations sensitize their workforce and Internal Committee members periodically. Beyond compliance, these sessions create open dialogue, mutual respect, and accountability among employees. When conducted effectively with real-life examples, case discussions, and interactive participation, POSH training not only prevents misconduct but also empowers employees to become active contributors in maintaining a positive and inclusive work environment. When a Workplace Turns Unsafe
  • It is crucial to ensure that every employee knows how to report incidents confidentially and without fear of retaliation. A strong POSH framework emphasizes that complaints must be handled with the highest level of sensitivity and discretion, protecting the dignity and privacy of the complainant. Organizations should clearly communicate the reporting channels, such as contacting the Internal Committee (IC), sending an email to the designated POSH address, or submitting a written complaint, and reassure employees that their identities will remain confidential throughout the process. Regular communication, posters, and awareness sessions should reinforce this trust. When employees know they can report concerns safely and privately, it encourages early reporting and timely redressal and helps build a transparent and accountable workplace culture. When a Workplace Turns Unsafe
  • It is equally important to prevent retaliation or victim-blaming in any form when a complaint of sexual harassment is raised. The POSH Act strictly prohibits any act of intimidation, humiliation, or adverse treatment against the complainant, witnesses, or anyone assisting in the inquiry. Organizations must establish clear anti-retaliation policies and ensure that managers and co-workers understand the seriousness of such behavior. Victim-blaming, whether through gossip, judgment, or social exclusion, can deeply harm the individual and discourage others from coming forward. A truly safe workplace is one where support replaces suspicion and empathy replaces stigma. By fostering a culture of respect and zero tolerance for retaliation, employers not only comply with the law but also reinforce their commitment to justice, fairness, and emotional safety at work. When a Workplace Turns Unsafe
  • To make the POSH mechanism truly effective, it is vital to empower Internal Complaints Committees (ICCs) to act independently and fearlessly. The ICC plays a central role in investigating complaints, ensuring fairness, and maintaining trust in the system. However, this can only happen when the committee operates without external pressure, bias, or influence from management or senior officials. Organizations must provide the ICC with adequate training, resources, and authority to conduct inquiries as per the law, while also protecting its members from retaliation. An empowered ICC should be confident to question anyone, seek evidence, and make impartial recommendations based on facts. When ICCs function with independence and integrity, they not only deliver justice but also set a strong precedent that misconduct will not be tolerated, thereby reinforcing the organization’s commitment to a safe and equitable workplace. When a Workplace Turns Unsafe

Why Choose Us for POSH Training?

At Legistralaw, we believe that POSH compliance is not just a legal formality, it’s a commitment to building a safe, respectful, and inclusive workplace. With over 17 years of legal expertise and hands-on experience in conducting POSH awareness, sensitization, and ICC capacity-building sessions, we bring both credibility and clarity to every training.

Our sessions are designed to be bilingual, interactive, and tailored to your organization’s unique needs whether you’re a corporate office, factory setup, or educational institution. We blend law with practical insights, real-life case studies, and relatable examples that help employees truly understand the spirit of the POSH Act.

From forming and training Internal Committees (ICCs) to drafting compliant POSH policies, conducting inquiries, and preparing annual reports, we provide end-to-end compliance support.

Choose us because we don’t just train, we transform workplace culture. With A la Z Solutii Juridice, you get the expertise of Supreme Court lawyers, certified POSH trainers, and seasoned compliance professionals who are deeply committed to empowering organizations with awareness, sensitivity, and legal confidence.

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POSH Training at Legitralaw by Advocate Awanti Rai

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