The Supreme Court on Tuesday issued detailed directions to ensure effective implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) [Aureliano Fernandes v. State of Goa and Ors]
A Bench of Justices BV Nagarathna and N Kotiswar Singh underscored the importance of nationwide compliance and directed that the Act’s provisions must be uniformly implemented across States and UTs.
“This has to be done to the entire country. We are not from Delhi. Traveling from Karnataka to Delhi via train, I have done. We know. This has to be done throughout the country,” the Court said.
It, therefore, passed a slew of directions to ensure effective implementation of the Act including constitution of Internal Complaints Committees (ICCs) for all government departments and public sector undertakings and creation of SheBox portals where women can lodge complaints.
In a May 2023 judgment, the Supreme Court had taken strong exception to the fact that even a decade after the enactment of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013 (POSH Act), there remained serious lapses in its effective enforcement.
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It stressed that all the State functionaries, public authorities, private undertakings, organizations and institutions are duty bound to implement the POSH Act in letter and spirit.
Hence, it had directed the Union and State governments to take affirmative action and ensure that the object behind enacting the POSH Act is achieved in real terms. It had also appointed advocate Padma Priya as amicus curiae in the matter.
It had, thus, issued directions to ensure robust and effective compliance of the POSH Act, and asked that the government file affidavits regarding the same.
Pertinently, the Court had cautioned that the Act will never succeed in providing dignity and respect that women deserve at the workplace, unless and until there is strict adherence to the enforcement regime and a proactive approach by all the State and non-State actors.
During the hearing today, amicus curiae Padma Priya outlined the existing mechanisms under the National Legal Services Authority (NALSA):
- Helpline number 15100 connects victims to District Legal Services Authorities (DLSAs).
- Legal Service Management Systems allow victims to lodge complaints online.
- Female lawyers are available for assistance.
Additional Solicitor General (ASG) Aishwarya Bhati for the Union of India highlighted the SheBox portal as a grievance redressal tool but noted that private sector organizations were absent from the platform.
The Counsel for the petitioner emphasized non-compliance by private sector employers, despite statutory mandates.
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Based on these submissions, the Court passed a slew of directions:
- States/UTs to appoint a District Officer in each district by December 31, 2024.
- The District Officer will constitute a Local Complaints Committee (LCC) by January 31, 2025.
- Appoint nodal officers at taluka levels.
- Upload details of nodal officers, LCCs, and Internal Complaints Committees (ICCs) on the SheBox portal.
- Deputy Commissioners/District Magistrates to survey public and private organizations for ICC compliance under Section 26 of the POSH Act and submit compliance reports.
- Engage with private sector stakeholders to ensure ICC constitution and adherence to statutory provisions.
- States/UTs to create localized SheBox portals wherever absent.
- Complaints received on SheBox to be directed to respective ICCs or LCCs
- Ensure ICC constitution in all government departments and public sector undertakings.
The Court has granted time till March 31, 2025 for compliance and directed Chief Secretaries of States to oversee the execution of its directions.
Soruce : barandbench
