Take steps to ensure POSH Act is fully implemented: SC tells Centre, states

NEW DELHI: The Supreme Court on Tuesday issued comprehensive directions to the Centre and states to ensure internal committees (IC) are set up in the private sector to receive complaints of sexual harassment at workplace, observing that sexual harassment should not be a reason for working women to give up their jobs.
The top court also tasked state and district legal services authorities to help victims file complaints.
The direction came on a suo motu petition dealing with the implementation of the court’s May 2023 order that required states and union territories to indicate the status of implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 or POSH Act that replaced the court-mandated Vishaka guidelines of 2017.
Noticing that internal committees were yet to be constituted in all states and UTs, a bench comprising justices BV Nagarathna and N Kotiswar Singh said, “A woman cannot give up her job because of sexual harassment. It affects her right to life under Article 21 and right to occupation under Article 19(1)(g) of the Constitution of India.”
Directing the labour and women and child development ministries to ensure this is done by December 3, the bench said, “Access to justice is as important as rendering justice. If there is no forum to make complaints, it is the duty of government and private companies that ICs are constituted.”
Section 9 of the POSH Act says women can lodge a written complaint with an IC (which has to be constituted if the firm has more than 10 employees) or a local committee (LC) where there are fewer than 10 employees.
“The Ministry of Labour and WCD and their respective departments in states/UTs shall ensure provisions of 2013 Act are effectively implemented by issuing directions for constituting ICs/LCs where they are not constituted,” the court said.
Advocate Padma Priya assisting the court as amicus curiae pointed out that no information was available on whether ICs are established across all sectors as several states and UTs are yet to file responses in terms of the May 12, 2023 order of the court.
In this judgment, directions were issued to the Centre and states/UTs to provide information about the constitution and composition of ICs/LCs, the e-mail IDs and contact numbers of the nodal person, and the procedure prescribed for submitting an online complaint.
It also required that the relevant rules, regulations and internal policies should be available on the website of the institution or department concerned to facilitate the filing of complaints by victims.
Noting this gap, the bench directed the national legal services authority (NALSA) and its counterparts at the state and district level to play a proactive role to ensure compliance.
“NALSA along with SLSAs and authorities constituted at district and taluka level may facilitate any lady who has suffered sexual harassment at workplace to effectively present their case before the IC or in its absence, in accordance with law,” the court said.
The central and state governments were told to assist NALSA and SLSAs in implementing the directions of the court.
Additional solicitor general (ASG) Aishwarya Bhati informed the court that the government has provided an initiative for women across the country to lodge their complaints online through SHe-Box which stands for Sexual Harassment Electronic Box. This initiative began in 2017 and was revamped recently in August to provide a single window access to every woman, irrespective of her work status, whether working in organised or unorganised, private or public sector, to facilitate the registration of complaints related to sexual harassment.
Once a complaint gets submitted to the SHe-Box, it is sent directly to the authority concerned having jurisdiction to act in the matter. Bhati said that this portal provides easy access to women seeking redressal of their complaints. Besides, the portal offers a secure and confidential way for women to report instances of harassment and ensures accountability.
The May 2023 directions were passed while deciding a petition filed by Aureliano Fernandes – a professor at Goa University, who was dismissed from service after 17 students filed complaints of sexual harassment against him. He approached the top court after his appeal to the Bombay high court was dismissed in March 2012.
While examining this case, the court noticed several flaws in the implementation of the POSH Act and expanded the scope of the petition to the entire country. The court had observed, “If the authorities or managements or employers cannot assure women a safe and secure workplace, they will fear stepping out of their homes to make a dignified living and exploit their talent and skills to the hilt. It is, therefore, time for the Union and state governments to take affirmative action and make sure that the altruistic object behind enacting the POSH Act is achieved in real terms.”