New Delhi: 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), for implementation across the states and union territories.
The matter came up before a bench comprising justices BV Nagarathna and N Kotiswar Singh. The bench emphasised the importance of pan-India compliance. The bench led by Justice Nagarathna said that provisions of the POSH Act must be uniformly implemented across states and UTs, saying, "This has to be done throughout the country….”. The apex court said the compliance should be done by March 31, 2025, and the chief secretaries should oversee the execution of its directions.
The apex court issued a slew of directions to ensure effective implementation of the Act, which includes the constitution of Internal Complaints Committees (ICCs) for all government departments and public sector undertakings. The directions also included developing SheBox portals where women can lodge complaints.
Citing Section 5 of the Act, the bench said it is provided for the appointment of a district officer to look into the issue of complaints in the district, and there is to form a local complaints committee (LCC) and these district officers have to appoint a nodal officer for them to take over the complaint and provide it to the committee.
The Centre’s counsel informed the bench that the SheBox is already there but the private sector is something the government has not been able to work with.
The apex court in a May 2023 judgment, had expressed its discontent that even a decade after the enactment of POSH Act, serious lapses continue to exist in its effective enforcement.
The apex court had directed the Union and states to take measures to ensure that the object behind enacting the POSH Act is achieved in real terms.
During the hearing on Tuesday, the bench said states/UTs should appoint a district officer in each district by December 31, 2024, and these officers will constitute LCC by January 31, 2025.
The bench directed the appointment of nodal officers at taluka levels and also directed that details of these nodal officers, LCCs, and ICCs, should be uploaded on the SheBox portal.
The bench emphasized engaging with the private sector stakeholders to ensure the CC constitution and adherence to statutory provisions.
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