Supreme Court Appoints Amicus Curiae To Ensure Compliance Of Its Directions In 2023 Judgment On POSH Act

The Supreme Court has appointed an Amicus Curiae in a matter wherein it had issued a slew of directions under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act (POSH) on May 12, 2023. The matter was listed for compliance report today.

The Bench of Justice Hima Kohli and Justice Ahsanuddin Amanullah also took note of the fact that many State Governments/UTs except, UT of Ladakh, National Capital Territory (NCT), the Railways, State of Goa, Chandigardh, Bihar, and Nagaland had not complied with the Court's Order. 

“Despite specific directions issued by this Court, in the operative para 77 of the Judgment issued by this Court, Affidavits are still awaited from the Union of India, most of the State governments and UTs. As also from other agencies. It is now almost a year since the directions were issued by this Court for strict compliance. Having regard to the import of the matter, it is deemed appropriate to appoint an Amicus Curiae to assist the Court,” the Court ordered.

The Bench further ordered, "Communicate the Order to the Amicus. The Registry shall furnish all the Affidavits by so far, by the State/UTs/ Union of India along with the copy of the Judgment dated May 12, 2023, passed by this Court, to enable learned Amicus Cuiae to collate the Affidavits and file a status report. In the meantime, directions are issued to chief secretaries of all the remaining of UTs/State governments and the Secretaries of the concerned Ministries of the Union of India to complete the exercise as directed by this Court and file appropriate Affidavits, within four weeks from today. List on, put it on reopening in July."

Accordingly, the Court scheduled the matter for further consideration after reopening in July. 

In this case, the Apex Court was hearing an appeal against a Bombay High Court judgment that had dismissed the Appellant from services and future employment by accepting the report of the Standing Committee, which was constituted under the POSH Act. The Court had come to the conclusion that there were glaring defects and procedural lapses in the inquiry proceedings. In light of the same, it had held that the Appellant could not be faulted for questioning the process and its outcome.

Consequently, the Court had taken the considered view that the proceedings conducted by the Committee fell short of the "as far as practicable" norm prescribed in the relevant Rules. Therefore, the decision to terminate the services of the Appellant was set aside.

The Court had also issued an epilogue, wherein it observed that however salutary the POSH enactment may be, it will never succeed in providing the dignity and respect that women deserve at the workplace unless there is strict adherence to the enforcement regime and a proactive approach by all the State and non-State actors. In light of the same, the Apex Court had deemed it appropriate to issue a slew of directions.

Cause Title: Cause Title: Aureliano Fernandes v. State of Goa and Others [Diary No. 22553-2023]