This is an ongoing matter, and we have previously reported on this Supreme Court’s judgment in Aureliano Fernandes v. State of Goa, and the series of directives issued to ensure effective implementation of the POSH Act across the country. You can find our full coverage and detailed breakdown of the case on our website.

Facts of the Case

The case pertains to the implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). Despite the Act’s enactment over a decade ago, the Supreme Court observed significant lapses in its enforcement. A nationwide survey revealed that many states and union territories had not appointed District Officers, nor had they constituted Local Committees (LCs) or Internal Committees (ICs) as mandated by the Act. This lack of compliance hindered the effective redressal of sexual harassment complaints in workplaces across the country.

Contentions of the Parties

• Petitioner (Aureliano Fernandes): The petitioner highlighted the widespread non-compliance with the POSH Act, emphasizing that the absence of appointed District Officers and properly constituted LCs and ICs rendered the legal framework ineffective.
• Union of India and State Governments: The Union and State Governments acknowledged the need for compliance but cited challenges in implementation due to administrative and logistical issues.
• Amicus Curiae (Ms. Padma Priya): Ms. Padma Priya reported that while some states and union territories had made partial progress, complete compliance was lacking. She emphasized the necessity for follow-up actions to ensure that mere issuance of directions did not suffice without actual implementation.

Court’s Observations

The Supreme Court expressed concern over the “lamentable” implementation of the POSH Act, particularly in the private sector. The Court noted that the appointment of ICs was primarily the responsibility of private employers, while state governments were tasked with establishing LCs. However, many states had failed to fulfil these obligations, leading to a situation where women lacked accessible avenues for redressal of workplace sexual harassment.

Justice BV Nagarathna remarked that the failure to appoint District Officers had a cascading effect on the establishment of LCs and ICs, thereby undermining the entire grievance redressal mechanism. The Court emphasized that the POSH Act’s efficacy depended on strict adherence to its provisions and proactive enforcement by all stakeholders.

Directions Issued by the Court

In its order dated May 2, 2025, the Supreme Court issued the following directions:

1. Appointment of District Officers: The Chief Secretaries of all States and Union Territories were directed to appoint District Officers in each district to coordinate and oversee the implementation of the POSH Act.
2. Constitution of Local Committees (LCs): District Officers were instructed to constitute LCs in districts where they had not been established, ensuring compliance with the Act’s provisions.
3. Constitution of Internal Committees (ICs): The Chief Secretaries were mandated to ensure that ICs were constituted or re-constituted in all government departments, public sector undertakings, and other entities under the control of the State Governments and Union Territories.
4. Follow-up Affidavits: State Governments and Union Territories were directed to file affidavits by May 9, 2025, detailing the compliance with the Court’s directions, including the appointment of District Officers and the constitution of LCs and ICs.
5. Union of India’s Compliance: The Union of India was also directed to file its respective affidavit regarding compliance with the Court’s directions.
6. Virtual Conference: A virtual conference was scheduled for May 3, 2025, at 11:00 a.m., involving representatives from the Department of Women and Child Development of the respective State Governments and Union Territories, the Union Government, the learned Amicus Curiae, and counsel for the petitioners, to facilitate an exchange of information and best practices.
7. Nodal Officers and Website Uploads: State Governments and Union Territories were instructed to appoint Nodal Officers as per Section 6(2) of the POSH Act and to upload the details of these appointments, along with information about LCs and ICs, on their respective websites.

Next Date of Hearing

The Supreme Court has scheduled the next hearing for May 14, 2025, to review the compliance status and further proceedings in the matter.

Credits: Adv. Deeksha Rai