New Delhi: The Supreme Court Thursday directed the Women and Child Department in every state and Union Territory to ensure district officers' appointment in each district under the anti-sexual harassment law within a period of four weeks.
A bench of Justices S. Ravindra Bhat and Dipankar Datta said, “The concerned Principal Secretary of the State/UT Ministry of Women and Child will personally ensure the appointment of a district officer in each district within their territorial jurisdiction, as contemplated under Section 5 within four weeks from the date of this judgment”.
The bench said the role of the district officer is pivotal as they are responsible for numerous aspects of the implementation of the Act. It is where the buck stops, so to say, in terms of coordination and accountability relating to the POSH (Prevention of Sexual Harassment) Act. The bench said a circular/bulletin containing names of all district officers, and their contact details (phone, address, and email), along with a district-wise chart of the various nodal officers and their contact details, must be uploaded on the department’s website.
“The failure to notify district officers specifically, has a snowballing effect on the appointment of the LCs and nodal officers, in addition to other aspects. The complaint mechanism, and larger framework - no matter how effective, remain inadequate if the authorities set out in the Act, are not duly appointed/notified”, said the bench.
The bench said the Women and Child Development Ministry of every State/UT, through its Principal Secretary, should consider identifying a ‘nodal person’ within the Department, to oversee and aid in coordination as contemplated under the POSH Act. This person would also be able to coordinate with the Union Government on matters relating to this Act and its implementation, it said.
The bench said, “The Union Government may also consider amending the Rules so as to identify one Department (preferably the Women and Child Department) and creating a ‘nodal person’ post within the said Department to be responsible for the coordination required in the implementation of the Act. This will ensure greater uniformity in the implementation of the Act across the country”.
The apex court was considering a plea filed by NGO Initiatives for Inclusion Foundation, seeking directions for implementation of the provisions of the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
The POSH Act mandates each employer to constitute an Internal Complaints Committee (ICC) and for those workplaces which employ less than 10 workers or where the employer themselves are the respondent, the Act provides for a local complaints committee in each district to be constituted by a district officer.
The Act provides that the appropriate government may notify a district magistrate or additional district magistrate or the collector or deputy collector as a district officer for every district. The Supreme Court said the term ‘may’ not be construed as discretionary, else the efficacy of the anti-sexual harassment legislation will “fall flat”. The Supreme Court directed the listing of the matter in the first week of February 2024, for further compliance.
