POSH Act | Supreme Court Considers Mandating States/UTs To Create Online Dashboards Giving Information Of Internal Committees
The Supreme Court on August 13), in a matter concerning the implementation of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), indicated that it would direct all the States and Union Territoriess to prepare an online dashboard containing all the relevant information pertaining to the constitution and members of the Internal Committees(IC) of the departments.
Internal Committees are where the women facing sexual harassment at workplaces can lodge their complaints as per the POSH Act.
At the outset, the amicus curiae Advcoate Padma Priya submitted that in many cases the constitution of an IC is not in terms of the POSH Act. In some cases, IC is headed by a male member, which is impermissible under the provisions of the Act.
Additional Solicitor General Aishwarya Bhati submitted that the Union Government is in the process of preparing a dashboard where all the information relating to IC constituted in departments of the Union would be collated and displayed. The said dashboard is still being tried., the Court recorded.
In view of this, the Bench comprising Justices Hima Kohli and Sandeep Mehta directed:
“The Union of India is directed to file an affidavit furnishing the details of the dashboard sought to be created and the nature of the information that shall be available on the dashboard. If the said dashboard is comprehensive, then directions shall be issued on the next date of hearing calling upon all the State governments and UTs to replicate the dashboard prepared by the UOI.”
“We are of the opinion that a similar exercise shall be undertaken by all States and UTs. Dashboard shall be created by them displaying the relevant information relating to the constitution and members of the IC.,” the Court said.
Back in the year 2023, the Court had directed the Union Government, State Governments and Union Territories to verify if all the Ministries, Departments, and other government bodies have constituted committees where the victims of sexual harassment can lodge their complaints.
The Bench opined that an improperly constituted ICC/LC/IC, would impede conducting an inquiry into a complaint of sexual harassment at the workplace as the law mandates.
“The working of the Act is centred on the constitution of the Internal Complaints Committees(ICCs) by every employer at the workplace and constitution of Local Committees(LCs) and the Internal Committees(ICs) by the appropriate Government, as contemplated in Chapters II and III, respectively of the PoSH Act. An improperly constituted ICC/LC/IC, would be an impediment in conducting an inquiry into a complaint of sexual harassment at the workplace, as envisaged under the Statute and the Rules. It will be equally counterproductive to have an ill prepared Committee conduct a half-baked inquiry that can lead to serious consequences, namely, imposition of major penalties on the delinquent employee, to the point of termination of service,” the Court had said.
In view of this, the Bench of Justices AS Bopanna and Hima Kohli then issued a slew of directions to strengthen the implementation of the POSH Act.
Case Title: Aureliano Fernandes Versus State Of Goa And Others | Civil Appeal No. 2482 Of 2014
Citation : 2023 LiveLaw (SC) 424