The Supreme Court of India has issued a series of comprehensive directions aimed at ensuring the effective implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 (POSH Act). The Court emphasised the need for decentralisation to improve compliance, particularly in the private sector, which has been reluctant to fully adhere to the law, especially in forming Internal Complaints Committees (ICCs).
The top court noted that “it was disquieting to observe serious lapses in the enforcement of the POSH Act despite the considerable time that has passed since its enactment.” Calling it a "sorry state of affairs," the apex court emphasised that such neglect reflected poorly on all State functionaries, public authorities, and private undertakings.
A bench comprising Justice BV Nagarathna and Justice NK Singh addressed the ongoing lapses in the enforcement of the POSH Act, particularly the reluctance in the private sector to form ICCs. This ruling follows the Court’s earlier orders in May and October 2023, where it noted significant lapses in the implementation of the POSH Act and called for stronger action to address these issues.
Among the key directives, the Supreme Court instructed the Chief Secretaries of all States and Union Territories to conduct a nationwide survey identifying public and private sector organisations that have failed to establish ICCs. The Court set a deadline of March 31, 2025, for the submission of the survey report.
The Court mandated the appointment of District Officers/Nodal Officers, such as District Magistrates and Deputy Collectors, to oversee the implementation of the POSH Act at the district level. These officers will be responsible for ensuring compliance and addressing cases where ICCs are not formed, particularly in smaller organisations or where complaints are filed against employers.
The Court further directed that Local Committees be set up where ICCs are not constituted, especially in establishments with fewer than ten workers or where the employer is the subject of the complaint. These Local Committees will handle sexual harassment complaints at the district level and are expected to act promptly. Nodal Officers will also be appointed in each block, taluka, or municipality to receive complaints and forward them to the Local Committees within seven days.
To streamline the process, the Court set clear timelines for compliance. District Officers must be appointed by December 31, 2024, and Local Committees are required to be established within all government ministries, departments, and public sector undertakings by January 2025.
Furthermore, states and Union Territories that have implemented the SHeBox portal must include the names and designations of Nodal Officers on the platform, allowing aggrieved women an additional avenue to lodge complaints.
The Supreme Court also highlighted various support mechanisms available to women, including Legal Services Institutions, the 15100 helplines, and the National Legal Services Authority (NALSA) platform. Women who cannot access ICCs or Local Committees are encouraged to use these alternative channels to report complaints.
Additionally, the Court reminded authorities of the penalty provisions under Section 26 of the POSH Act, which imposes fines of up to ₹50,000 on employers who fail to comply with the law.
The Court's direction came in the wake of a plea filed by Aureliano Fernandes, a former head of department at Goa University, who had challenged allegations of sexual harassment. The High Court had dismissed his appeal against the disciplinary authority's decision, which had led to his dismissal and disqualification from future employment. The Supreme Court found procedural lapses in the inquiry and violations of natural justice principles, ordering the re-evaluation of the case.
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