Supreme Court orders POSH committees in every govt dept and cell

In a move aimed at ensuring nationwide adherence to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the Supreme Court on Tuesday, 3 December 2024, instructed all states and union territories to establish internal complaints committees (ICCs) within all government departments and undertakings.

Justices B.V. Nagarathna and N. Kotiswar Singh, who issued the order, emphasised that the POSH Act must be uniformly implemented across the country.

The Court’s directive calls for the appointment of an officer in each district by 31 December 2024, to form local complaints committees by 31 January 2025 and to designate nodal officers at the taluka level.

Additionally, the Supreme Court ordered deputy commissioners and district magistrates to conduct surveys within both public and private organisations to ensure compliance with Section 26 of the POSH Act, submitting reports on their findings.

They were also instructed to engage with private-sector stakeholders to ensure that ICCs are constituted and statutory requirements are adhered to.

To facilitate compliance, the Court has granted time until 31 March 2025 for the execution of its directions. It has tasked the relevant chief secretaries with overseeing the implementation process.

This order stems from a petition concerning the enforcement of the Court’s May 2023 directive, which instructed both the Centre and state governments to verify whether panels to investigate workplace sexual harassment allegations had been constituted in all ministries and departments.

The Supreme Court expressed its concern over the “serious lapses” in the enforcement of the POSH Act, describing the situation as “disquieting”. It highlighted the “sorry state of affairs” as an indictment of the failure of state functionaries, public authorities and private entities to comply with the Act after such a long period of time.

The Court’s directive came in response to a plea filed by Aureliano Fernandes, the former head of a department at Goa University. Fernandes had challenged a Bombay High Court ruling regarding allegations of sexual harassment against him.

The High Court had dismissed his appeal, upholding the decision of the university’s executive council, which had terminated his employment and disqualified him from future service.

The Supreme Court overturned the High Court's order, citing procedural flaws in the inquiry and a violation of the principles of natural justice.