The Hon’ble Supreme Court of India gave clear directions to all States and Union territories for the immediate implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the POSH Act. A bench comprising of Justice BV Nagarathna and Justice NK Singh wove together numerous orders in addition to the previous order passed by the appellate court on May 12, 2023, in the judgment of ‘Aureliano Fernandes vs. State of Goa’.
Orders passed for strengthening the POSH Act
The Hon’ble Supreme Court expressed its concerns about being alarmed by the laxity of the States and the Centre in the implementation of the POSH Act, despite strict guidelines being given by the court since May 2023. The court advised the States and the Union Territories to tighten their ropes and to administer all the orders with immediate effect. The court gave the following orders on December 3rd, for strengthening the fabric of the POSH Act by managing proactively upon the court orders for the protection of women in the nation, against sexual harassment at the place of work or employment.
- Appointment of District Officer and designation of Nodal Officers for exercising powers 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’ under the POSH Act.
- Every District Officer must constitute a ‘Local Committee’ for receiving complaints of sexual harassment from establishments under Sec 6 of the POSH Act, in the case of the absence of an ‘Internal Complaint Committee’ or, when the complaint is about the employer himself.
- Magistrate/District Magistrate/Collector/Deputy Collector, to be appointed as District Officers ex officio, for every district in the State.
- Constitution, tenure, jurisdiction, functions, and duties were assigned to the ‘Local Committee’ of every District cohesively as one nation, by the Supreme Court of India.
- The bench pronounced several detailed instructions on the institution, functions, duties, rules of strict adherence and compliance with the rules of the POSH Act, by all the officers and the organisations of both the public and private sectors, as per sections 20 and 26 of the POSH Act.
- The court ordered a survey of the number of organisations in the public and private sectors, that have already constituted ICC and seek information for record with respect to the ‘SHe-Box Portal.’
- Aggrieved women can approach Legal Services Institutions via Legal Service Clinics or Paralegal volunteers with the assistance of Legal helpline: 15100. The helpline details are available on the National Legal Services Authority’s (NALSA) website. Assistance will be provided to women for approaching the concerned police station whenever necessary.
Landmark judgments on the POSH Act
‘Vishakha vs. State of Rajasthan’ led to the enactment of the POSH Act, where the appellate court said that sexual harassment at the workplace violates the fundamental right to equality and the right to life and liberty of a woman, Apparel Export Promotion Council vs. A.K. Chopra and Vinita Srivastava vs. Sahara India Real Estate Corporation Ltd.
