Supreme Court Issues Directions For Effective Implementation Of POSH Act

The Supreme Court today (December 3) passed comprehensive directions for the effective compliance of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).

The Court particularly emphasised "decentralising" the POSH Act to take on board the private sectors, which the Union also pointed out is a "red flag" because they have been "very hesitant" in implementing the POSH Act especially in constituting Internal Complaints Committee for hearing complaints pertaining to allegations of sexual harassment.

A bench of Justices BV Nagarathna and NK Singh passed further orders in addition to the orders passed by this Court on May 12, 2023, and October 22, after it had observed that there are "serious lapses" in the implementation of the POSH Act.

It has stated that a copy of the Court's order shall be taken by the respective State counsel to the State Secretaries for compliance and a status report has to be filed in response to the same.

Following directions passed by the Court today:

Appointment of District Officers, Nodal Officers

1. Need for appropriate Government to notify District Magistrate/Additional District Magistrate/Collector/Deputy Collector including the Deputy Commissioner of a district as 'District Officer' for every district to exercise powers or discharge functions under the POSH Act.

2. Every District Officer has to constitute in the district concerned a committee known to be known as the 'Local Committee' to receive complaints of sexual harassment from establishments as stipulated under Section 6 of the POSH Act, where the Internal Complaints Committee (ICC) has not been constituted due to having less than 10 workers or if the complaint is against the employer himself.

District Officer shall constitute a committee in terms of Section 7(1) wherever the Local Committee has not been constituted. The aforesaid may carried out within a stipulated time.

3. District Officer has to designate one Nodal Officer in every Block/Taluka/Tehsil in rural or tribal areas or municipality in urban areas to receive complaints and forward the same to the Local Committee within a period of 7 days from date of receipt.

4. Chief Secretaries of States to ensure that Magistrate/District Magistrate/Collector/Deputy Collector to be appointed district officers ex-officio for every district in the State.

Local Committee-tenure and other conditions

1. Jurisdiction of Local Committee extends to the area of the district where it is constituted.

2. Local Committee is in addition to the ICC particularly where the ICC has not been constituted owing to less than 10 workers.

3. The Local Committee would assist a complainant if the complaint is against the employer himself.

4. For the aggrieved woman to make a complaint to the Local Committee, the names of the Nodal Officers and their designation for each block/Taluk/Tehsil or Municipality shall be notified on the website of the District Officer who is none other than the District Magistrate/Collector etc.

SHeBox Portal

1. In whichever States or Union Territories the SHeBox portal is instituted by the State Governments or UT, they shall also indicate the names and designation of the Nodal Officers for each districts.

2. District Officer must ensure that ICC is constituted within the organisations in the districts having regard to Section 26 of the POSH Act where a penalty is envisaged where an employer fails to constitute an ICC. It must also ensure compliance with the duties under Section 20 of the POSH Act.

3. Chief Secretaries shall direct the Deputy Commissioners /District Magistrates etc to also survey the number of organisations both public and private sector which have already constituted ICC and seek information for record.

4. Through Order dated October 22, the Court noted the institution of the SheBox Portal and information on the said portal is being filled. States could access the SheBox to indicate relevant information for compliance.

5. District Officers shall upload the requisite details for effective implementation of Sections 4 and 6 of the Act for institution of ICC and Local Committee.

6. Every State could think of instituting a SHeBox for registering of complaints.

Aggrieved women can approach Legal Services Institutions

1. Through Legal Service Clinics/Paralegal volunteers

2. Legal helpline: 15100

3. Through the Legal Services Management System the details of which are available on the National Legal Services Authority's (NALSA) website.

4. If an aggrieved woman is unable to access ICC or Local Committee, she could put her complaint through the helpline or other modes. In necessary cases, assistance will also be provided to approach the concerned Police Station.

Case Details: AURELIANO FERNANDES v. THE STATE OF GOA AND ORS., Diary No. 22553-2023 & AURELIANO FERNANDES v. THE STATE OF GOA THROUGH THE CHIEF SECRETARY STATE OF GOA., MA 1688/2023 in C.A.No. 2482/2014 & INITIATIVES FOR INCLUSION FOUNDATION AND ANR.v. UNION OF INDIA AND ORS., W.P.(C) No. 1224/2017