In a decisive move to bolster the enforcement of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), the Supreme Court on Tuesday issued a directive to all states and union territories to ensure the formation of internal complaints committees (ICC) in all government departments and undertakings. The bench, comprising Justices B V Nagarathna and N Kotiswar Singh, outlined comprehensive measures to ensure nationwide uniformity in the implementation of the POSH Act.
The apex court’s order specifies that each district must appoint an officer by December 31, 2024, who will be responsible for establishing a local complaints committee by January 31, 2025, and appointing nodal officers at the taluka level. Additionally, deputy commissioners and district magistrates are tasked with conducting surveys in both public and private organizations to assess ICC compliance as mandated under Section 26 of the POSH Act, and to submit their reports accordingly.
This directive is part of the Supreme Court’s broader efforts to address what it described as “serious lapses” in the enforcement of the 2013 Prevention of Sexual Harassment Act, noting the situation as “disquieting” despite the law being in effect for over a decade. The court criticized the inadequate implementation, calling it a “sorry state of affairs” that reflects poorly on both state and private entities involved.
The issue came to the forefront through a petition by Aureliano Fernandes, a former head of department at Goa University, who challenged the procedural integrity of his dismissal over allegations of sexual harassment. The Supreme Court, while setting aside a Bombay High Court order against Fernandes, highlighted procedural lapses and violations of natural justice in the inquiry proceedings.
